CELEX: C1996/031/34
Language: en
Date: 1996-02-03 00:00:00
Title: Action brought on 15 December 1995 by the Commission of the European Communities against Ireland (Case C-394/95)

No C 31 / 16          EN                    Official Journal of the European Communities                                       3 . 2 . 96
Action brought on 8 December 1995 by the Commission of                       the annual accounts and consolidated accounts of
         the European Communities against Ireland                            insurance undertakings ( 1 ), the Kingdom of Belgium has
                       ( Case C-387/95 )                                     failed to fulfil its obligations under the EC Treaty and
                                                                             the said Directive;
                           ( 96/C 31 /32 )
                                                                       2 . order the Kingdom of Belgium to pay the costs .
An action against Ireland was brought before the Court of
Justice of the European Communities on 8 December 1995
by the Commission of the European Communities,                         Pleas in law and main arguments adduced in support:
represented by Dimitrios Gouloussis, Legal Adviser, and
Carmel O'Reilly, member of the Legal Service , acting as               The pleas in law and main arguments are the same as those
agents, with an address for service in Luxembourg at the               in Case C-387/95 ( 2 ); the timelimit laid down by the
office of Carlos Gomez de la Cruz, Centre Wagner,                      Directive expired on 1 January 1994 .
Kirchberg.
                                                                       H OJ No L 374 , 31 . 12 . 1991 , p. 7 .
                                                                       ( 2 ) See p. 16 of this Official Journal .
The applicant claims that the Court should :
1 . declare that by failing to notify the laws , regulations or
     administrative provisions necessary to comply with
     Directive 91 /674/EEC (') of 19 December 1991 on the
     annual accounts and consolidated accounts of insurance
     undertakings or by failing to adopt the measures                  Action brought on 15 December 1995 by the Commission
     necessary to comply with it, Ireland has failed to fulfil its               of the European Communities against Ireland
     obligations under that Directive;                                                             Case C-394/95
2 . order Ireland to pay the costs .                                                                ( 96/C 31 /34 )
Pleas in law and main arguments adduced in support:                    An action against Ireland was brought before the Court of
                                                                       Justice of the European Communities on 1 5 December 1 995
Article 189 of the EC Treaty, under which a directive shall            by the Commission of the European Communities,
be binding, as to the result to be achieved, upon each                 represented by Dimitrios Gouloussis, Legal Adviser, and
Member State , carries by implication an obligation on the             Carmel O'Reilly, member of the Legal Service, acting as
Member States to observe the period for compliance laid                agents, with an address for service in Luxembourg at the
down in the directive . That period expired on 1 January               office of Carlos Gomez de la Cruz, Centre Wagner .
1994 without Ireland having enacted the provisions
necessary to comply with the directive referred to in the
conclusions of the Commission .                                        The applicant claims that the Court should :
(') OJ No L 374 , 31 . 12 . 1991 , p . 7 .
                                                                        1 . declare that, by failing to notify the laws, regulations or
                                                                              administrative provisions necessary to comply with
                                                                              Council Directive 91 /371 /EEC of 20 June 1991 ( x ) on
                                                                              the implementation of the Agreement between the
                                                                              European Economic Community and the Swiss
                                                                              Confederation concerning direct insurance other than
Action brought on 15 December 1995 by the Commission                          life assurance or by failing to adopt the measures
of the European Communities against the Kingdom of                            necessary to comply with the said Directive, Ireland has
                               Belgium                                        failed to fulfil its obligations under that Directive ;
                        ( Case C-393/95 )
                                                                        2 . order Ireland to pay the costs.
                            ( 96/C 31 /33 )
                                                                        Pleas in law and main arguments adduced in support:
An action against the Kingdom of Belgium was brought
 before the Court of Justice on 15 December 1995 by the
                                                                        Article 189 of the EEC Treaty, under which a directive shall
 Commission of the European Communities, represented by                 be binding, as to the result to be achieved, upon each
 Dimitrios Gouloussis , acting as Agent, with an address for            Member State, carries by implication an obligation on the
 service in Luxembourg at the office of Mr Gomez de la Cruz,            Member States to observe the period for compliance laid
 Centre Wagner, Kirchberg.
                                                                        down in the Directive . That period expired on 4 July 1993
                                                                        without Ireland having enacted the provisions necessary to
 The applicant claims that the Court should :                           comply with the Directive referred to in the conclusions of
                                                                        the Commission .
 1 . declare that, by failing to adopt, alternatively to
     communicate to the Commission , within the prescribed
                                                                         (') OJ No L 205 , 27. 7 . 1991 , p . 48 .
      timelimit the laws, regulations and administrative
      measures necessary in order to comply fully with
      Council Directive 91 /674/EEC of 10 December 1991 on