CELEX: C2000/355/36
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-401/00: Action brought on 3 November 2000 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 355/18                 EN                   Official Journal of the European Communities                                      9.12.2000
The applicant claims that the Court should:                              The applicant claims that the Court should:
                                                                         —     Declare that, by failing to adopt plans for managing
—     Declare that, by failing to adopt and bring into force                   waste, including hazardous waste and packaging waste,
      within the prescribed period the laws, regulations or                    or, in the alternative, by failing to communicate any
      administrative provisions necessary to comply with Com-                  such plans to the Commission, the Grand Duchy of
      mission Directive 97/8/EC amending Council Directive                     Luxembourg has failed to fulfil its obligations under
      74/63/EEC of 17 December 1973 on the fixing of                           Articles 7, 6 and 14 of Council Directive 75/442/EEC on
      maximum permitted levels for undesirable substances                      waste (1), as amended by Directives 91/156/EEC (2), and
      and products in feedingstuffs (1), the French Republic has               Council Directive 91/689/EEC (3) on hazardous waste,
      failed to fulfil its obligations under Article 2 of Directive            and European Parliament and Council Directive 94/62/EC
      97/8/EC.                                                                 of 20 December 1994 on packaging and packaging
                                                                               waste (4); and
—     Order the French Republic to pay the costs.
                                                                         —     Order the Grand Duchy of Luxembourg to pay the costs.
                                                                         Pleas in law and main arguments
Pleas in law and main arguments
                                                                         Under Article 249 of the EC Treaty, according to which a
Under Article 249 of the EC Treaty, according to which a                 directive is to be binding, as to the result to be achieved, upon
directive is to be binding, as to the result to be achieved, upon        each Member State to which it is addressed, Member States are
each Member State to which it is addressed, Member States are            required to observe the time-limits laid down in directives for
required to observe the time-limits laid down in directives for          their transposition. That time-limit expired without the Grand
their transposition. That time-limit expired on 30 June 1998             Duchy of Luxembourg having brought into force the necessary
without the French Republic having brought into force the                provisions in order to comply with the directive referred to in
necessary provisions in order to comply with the directive               the Commission’s application.
referred to in the Commission’s application.
                                                                         ( 1) OJ 1975 L 194, p. 39.
                                                                         ( 2) OJ 1991 L 778, p. 32.
                                                                         ( 3) OJ 1991 L 377, p. 20.
(1) OJ 1997 L 48, p. 30.                                                 ( 4) OJ 1994 L 365, p. 10.
Action brought on 3 November 2000 by the Commission
of the European Communities against the Grand Duchy                              Removal from the register of Case C-271/98 (1)
                           of Luxembourg
                                                                                                  (2000/C 355/37)
                           (Case C-401/00)
                                                                         By order of 12 July 2000 the President of the Court of Justice
                                                                         of the European Communities has ordered the removal from
                           (2000/C 355/36)                               the register of Case C-271/98 (reference for a preliminary
                                                                         ruling from Juzgado de Primera Instancia (Court of First
                                                                         Instance) No 35 Barcelona): Salvat Editores SA v José Antonio
An action against the Grand Duchy of Luxembourg was                      Serrano Garrido.
brought before the Court of Justice of the European Communi-
ties on 3 November 2000 by the Commission of the European
Communities, represented by Roland Tricot, of its Legal                  (1) OJ C 278 of 5.9.1998.
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gómez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg