CELEX: C1997/357/42
Language: en
Date: 1997-11-22 00:00:00
Title: Action brought on 13 October 1997 by the Commission of the European Communities against the Grand Duchy of Luxembourg (Case C-351/97)

22 . 11 . 97             EN                  Official Journal of the European Communities                                 C 357/23
Action brought on 6 October 1997 by the Commission                      the European Communities, represented by Klaus-Dieter
of the European Communities against the Kingdom of                      Borchardt, of its Legal Service, with an address for service
                                  Belgium                               in Luxembourg at the office of Carlos Gomez de la Cruz,
                           ( Case C-347/97)                             of its Legal Service, 254 Wagner Centre, Kirchberg,
                                                                        Luxembourg.
                             ( 97/C 357/40 )
                                                                        The applicant claims that the Court should:
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities                 — declare that ( i ) by allowing, contrary to Article 2 of
on 6 October 1997 by the Commission of the European                          Regulation ( EEC ) No 2252/90 ('), goods, for which a
Communities, represented by Gotz zur Hausen, Legal                           refund had been granted on their importation from the
Adviser, acting as Agent, with an address for service in                    Netherlands, to be introduced into the Federal
Luxembourg at the office of Carlos Gomez de la Cruz,                         Republic of Germany without a levy corresponding to
Wagner Centre, Kirchberg.                                                   the Community level of prices being raised and paid
                                                                             over to the Community and ( ii ) by abolishing all
                                                                            customs formalities for the movement of goods within
The Commission of the European Communities claims                            Germany and not adopting the measures required to
that the Court should :
                                                                             implement Regulation ( EEC ) No 2252/90, the Federal
                                                                             Republic of Germany failed to fulfil its obligations
                                                                             under the EC Treaty,
— declare that, by failing to adopt and/or communicate
     measures necessary to comply with Article 6 of
     Council Directive 91 / 157/EEC of 18 March 1991                    — order the defendant to pay the costs.
     on batteries and accumulators containnig certain
     dangerous substances ('), the Kingdom of Belgium has
     failed to fulfill its obligations under that Directive,            Pleas in law and main arguments adduced in support:
— order the Kingdom of Belgium to pay the costs.                        The     Federal       Republic     of Germany has  infringed
                                                                        Community law in that:
Pleas in law and main arguments adduced in support:
                                                                        — it has failed to levy duty on imported butter, and has
                                                                             not assessed a sum, which is lost to the Community
The mandatory nature of the provisions of the third                          budget, of DM 12 684 000 and paid that sum, with
paragraph of Article 189 and the first paragraph of                          interest, to the Community,
Article 5 of the EC Treaty requires Member States to
achieve the results provided for therein before the expiry              — all customs formalities at the internal German border
of the period prescribed for doing so. The programmes                       were abolished before reunification on 3 October
referred to in Article 6 of the Directive should have been
                                                                             1990 and the measures required to implement
drawn up and communicated to the Commission by                               Regulation ( EEC ) No 2252/90 were not adopted .
17 September 1992 at the latest and it is neither disputed
or disputable that the Kingdom of Belgium did not take
all the national measures necessary in order to draw up                 (') OJ L 203 , 1 . 8 . 1990, p. 61 .
the programmes in question.
(') OJ L 78 , 26 . 3 . 1991 , p . 38 .
                                                                        Action brought on 13 October 1997 by the Commission
                                                                        of the European Communities against the Grand Duchy of
                                                                                                       Luxembourg
Action brought on 7 October 1997 by the Commission of                                              ( Case C-351/97)
the European Communities against the Federal Republic                                                ( 97/C 357/42 )
                               of Germany
                             Case C-348/97 )
                                                                        An action against the Grand Duchy of Luxembourg was
                             ( 97/C 357/41 )                            brought before the Court of Justice of the European
                                                                        Communities on 13 October 1997 by the Commission of
                                                                        the European Communities, represented by Gerard
An action against the Federal Republic of Germany was                   Berscheid, of its Legal Service, acting as Agent, with an
brought before the Court of Justice of the European                     address for service in Luxembourg at the office of Carlos
Communities on 7 October 1997 by the Commission of                      Gomez de la Cruz, Wagner Centre, Kirchberg.
 ---pagebreak--- C 357/24                EN                 Official Journal of the European Communities                                       22 . 11 . 97
The Commission claims that the Court should :                              comply with Council Directive 92/104/EEC of
                                                                           3 December ' 1992 concerning the minimum
— declare that, by failing to bring into force within                      requirements for improving the safety and health
     the prescribed period the laws, regulations and                       protection of workers in the mineral-extracting
     administrative provisions necessary to comply with                    industries (') and/or by failing to inform the
                                                                           Commission thereof,
     Council Directive 94/28/EC of 23 June 1994 laying
     down the principles relating to the zootechnical and
     genealogical conditions applicable to imports from                    and
     third countries of animals, their semen, ova and
     embryos, and amending Directive 77/504/EEC on                    — order Ireland to bear the costs of the procedure.
     pure-bred breeding animals of the bovine species ( ! ),
     the Grand Duchy of Luxembourg has failed to fulfil
     its obligations pursuant to Article 13 of Directive 94/          Pleas in law and main arguments adduced in support:
     28/EC,
                                                                      Article 189 of the EC Treaty, under which a Directive
— order the Grand Duchy of Luxembourg to pay the                      shall be binding, as to the result to be achieved, upon each
     costs .                                                          Member State, carries by implication an obligation on the
                                                                      Member States to observe the period for compliance laid
                                                                      down in the Directive . That period expired on 3 December
Pleas in law and main arguments adduced in support:                   1994 without Ireland having enacted the provisions
                                                                      necessary to comply with the Directive referred to in the
Under the third paragraph of Article 189 of the Treaty                conclusions of the Commission .
establishing the European Community, a Directive is
binding on each Member State to which it is addressed as              (') Council Directive 92/ 104/EEC of 3 December 1992 on the
to the result to be achieved. Under the first paragraph of                minimum requirements for improving the safety and health
Article 5 of the Treaty, Member States are to take all                    protection of workers in surface and underground mineral­
appropriate measures, whether general or particular, to                   extracting industries ( 12th individual Directive within the
ensure fulfilment of the obligations arising out of the                   meaning of Article 16 ( 1 ) of Directive 89/391 /EEC ( OJ L 404,
                                                                          31 . 12 . 1992 , p. 10 ).
Treaty or resulting from action taken by the institutions of
the Community. Under Article 13 of the Directive,
Member States are obliged to bring into force the laws,
regulations and administrative provisions necessary to
comply with the Directive by 1 July 1995 and inform the
Commission thereof forthwith . The Grand Duchy of
Luxembourg has not yet informed the Commission of any                 Action brought on 13 October 1997 by the Commission
measures it may have taken in accordance with that                             of the European Communities against Ireland
provision.                                                                                         ( Case C-353/97)
                                                                                                     ( 97/C 357/44 )
(') OJ L 178 , 12 . 7. 1994, p . 66 .
                                                                      An action against Ireland was brought before the Court of
                                                                      Justice of the European Communities on 13 October 1997
                                                                      by the Commission of the European Communities,
                                                                      represented by Mr Pieter Jan Kuijper, Legal Adviser, acting
Action brought on 13 October 1997 by the Commission                   as Agent, with an address for service in Luxembourg at
         of the European Communities against Ireland                  the office of Carlos Gomez de la Cruz, member of its
                         ( Case C-352/97 )                            Legal Service, Centre Wagner, Kirchberg.
                           ( 97/C 357/43 )
                                                                      The applicant claims that the Court should:
An action against Ireland was brought before the Court of             — find that Ireland has failed to fulfil its obligations
Justice of the European Communities on 13 October 1997                     under the EC Treaty by failing to adopt the laws,
by the Commission of the European Communities,                             regulations or administrative provisions necessary
represented by Mr Pieter Jan Kuijper, Legal Adviser, acting                to comply with Council Directive 92/91 /EEC of
as Agent, with an address for service in Luxembourg at                     3 November 1992 concerning the minimum
the office of Carlos Gomez de la Cruz, member of its                       requirements for improving the safety and health
Legal Service, Centre Wagner, Kirchberg.                                   protection of workers in the mineral-extracting
                                                                           industries through drilling ('), and/or by failing to
                                                                           inform the Commission thereof,
The applicant claims that the Court should:
                                                                           and
— find that Ireland has failed to fulfil its obligations
    under the EC Treaty by failing to adopt the laws,
    regulations or administrative provisions necessary to             — order Ireland to bear the costs of the procedure .