CELEX: C1998/378/26
Language: en
Date: 1998-12-05 00:00:00
Title: Removal from the register of Case C-51/98

5.12.98              EN                   Official Journal of the European Communities                                   C 378/15
     to it on 20 December 1996, the Kingdom of Belgium               The applicant claims that the Court should:
     has failed to fulfil its obligations under the fourth
     paragraph of Article 189 of the EC Treaty and                   1. Declare that, by failing to adopt and bring into force
     Articles 2 and 3 of the said decision; and                          within the prescribed period the laws, regulations or
                                                                         administrative provisions necessary to comply with
Ð order the Kingdom of Belgium to pay the costs.                         Council Directive of 22 June 1994 on the protection
                                                                         of young persons at work (1), and/or by failing to
Pleas in law and main arguments adduced in support:                      inform the Commission thereof, the Italian Republic
                                                                         has failed to fulfil its obligations under the EC Treaty;
The action for annulment of the Commission's Decision of                 and
4 December 1996 (1) does not have a suspensive effect.
The only argument on which a Member State may rely in                2. Order the Italian Republic to pay the costs.
order not to comply with a decision ordering recovery of
aid unlawfully paid is that it is absolutely impossible for          Pleas in law and main arguments adduced in support:
the decision to be complied with correctly.
                                                                     Under Article 189 of the EC Treaty, according to which a
The Commission maintains, first, that, the Kingdom of                directive is to be binding, as to the result to be achieved,
Belgium has not truly complied with its duty to cooperate            upon each Member State to which it is addressed,
in good faith. Even although it had established contacts             Member States are required to observe the time-limits laid
with the Commission in order to explain the possible                 down in directives for their transposition. That time-limit
problems caused by the recovery of the aid unlawfully                expired on 22 June 1996 without the Italian Republic
paid out and to outline a proposal for staggered                     having brought into force the necessary provisions in
repayment, and even although the Commission had not                  order to comply with the directive referred to in the
objected to that proposal, the Kingdom of Belgium                    Commission's application.
suddenly took the step of abandoning the framework of
                                                                     (1) OJ L 216, 20.8.1994, p. 12.
cooperation with the Commission in good faith and of
arguing before the Court that it was absolutely impossible
for the decision to be complied with.
Second, the Commission maintains that the Kingdom of
Belgium has not made the slightest approach to the                          Removal from the register of Case C-51/98 (1)
undertakings in issue with a view to recovering the aid.
Third, it maintains that the Kingdom of Belgium has not                                       (98/C 378/26)
proposed any alternative means of implementing the
decision whereby the difficulties encountered could have             By order of 8 September 1998 the President of the Court
been resolved.                                                       of Justice of the European Communities has ordered the
                                                                     removal from the register of Case C-51/98 (reference for a
(1) Case C-75/97 (OJ C 131, 26.4.1997, p. 5).                        preliminary ruling from the Arbeitsgericht Wiesbaden):
                                                                     Urlaubs- und Lohnausgleichskasse der Bauwirtschaft v.
                                                                     Works in The World Srl.
                                                                     (1) OJ C 137, 2.5.1998.
Action brought on 26 October 1998 by the Commission
 of the European Communities against the Italian Republic
                       (Case C-385/98)
                        (98/C 378/25)                                      Removal from the register of Case C-255/98 (1)
                                                                                              (98/C 378/27)
An action against the Italian Republic was brought before
the Court of Justice of the European Communities on                  By order of 12 October 1998 the President of the Court of
26 October 1998 by the Commission of the European                    Justice of the European Communities has ordered the
Communities, represented by Pieter Jan Kuijper and                   removal from the register of Case C-255/98: Kingdom of
Antonio Aresu, Legal Advisers acting as Agents, with an              Spain v. Commission of the European Communities.
address for service in Luxembourg at the Office of Carlos
Gómez de la Cruz, Wagner Centre, Kirchberg.                          (1) OJ C 278, 5.9.1998.