CELEX: C1999/160/05
Language: en
Date: 1999-06-05 00:00:00
Title: Case C-77/99: Action brought on 3 March 1999 by the Commission of the European Communities against 1. Oder-Plan Architektur GmbH, 2. NCC Siab Bau GmbH and 3. Esbensen Consulting Engineers

5.6.1999              EN                    Official Journal of the European Communities                                        C 160/3
bringing proceedings, the information sheets are still incom-          The Commission terminated the subsidy contract concluded
plete for 27,1 % of the proposed sites; the information has not        with the defendants as provided for the contract, for failure to
been transmitted with the standard form information sheet              implement the project, and is demanding partial reimburse-
EUR 15 for 4 % of the proposed sites; and no standard                  ment of the advance paid plus interest at the contractual rate.
information sheet with scientific data has been transmitted in
respect of 67,4 % of the proposed sites.
(1) OJ L 206, 22.7.1992, p. 7.
                                                                       Action brought on 3 March 1999 by the Commission of
                                                                        the European Communities against the French Republic
                                                                                                 (Case C-78/99)
                                                                                                (1999/C 160/06)
Action brought on 3 March 1999 by the Commission of
the European Communities against 1. Oder-Plan Architek-                An action against the French Republic was brought before the
tur GmbH, 2. NCC Siab Bau GmbH and 3. Esbensen                         Court of Justice of the European Communtities on 3 March
                     Consulting Engineers                              1999 by the Commission of the European Communities,
                                                                       represented by Christina Tufvesson, Legal Adviser, and Bernard
                                                                       Mongin, of its Legal Service, acting as Agents, with an address
                         (Case C-77/99)                                for service in Luxembourg at the office of Carlos Gómez de la
                                                                       Cruz, Wagner Centre, Kirchberg.
                        (1999/C 160/05)
                                                                       The Commission of the European Communities claims that
                                                                       the Court should:
An action against 1. Oder-Plan Architktur GmbH, 2. NCC Siab
Bau GmbH and 3. Esbensen Consulting Engineers was brought              — declare that, by failing to adopt the laws, regulations and
before the Court of Justice of the European Communities                    administrative measures necessary in order to comply with
on 3 March 1999 by the Commission of the European                          European Parliament and Council Directive 95/26/EC of
Communities, represented by Richard Wainwright, Principal                  29 June 1995 amending Directives 77/780/EEC and
Legal Adviser in the Legal Service of the European Commission              89/646/EEC in the field of credit institutions, Directives
and Karin Schreyer, a national civil servant seconded to the               73/239/EEC and 92/49/EEC in the field of non-life
Legal Service of the Commission, with an address for service               insurance, Directives 79/267/EEC and 92/96/EEC in the
in Luxembourg at the Chambers of Carlos Gómez de la Cruz,                 field of life assurance, Directive 93/22/EEC in the field of
a Member of the Legal Service of the Commission, Wagner                    investment firms and Directive 85/611/EEC in the field of
Centre, Kirchberg, Luxembourg.                                             undertakings for collective investment in transferable
                                                                           securities (Ucits), with a view to reinforcing prudential
                                                                           supervision (1), alternatively by omitting to communicate
The applicant claims that the Court should:                                the measures necessary to comply therewith, the French
                                                                           Republic has failed to fulfil its obligations under that
                                                                           directive,
— order the defendants jointly and severally to pay the
    European Commission 54 510 EUR plus interest in the
                                                                       — order the French Republic to pay the costs.
    amount of 20 798.70 EUR for the period from 1 January
    1993 to 15 January 1999,
                                                                       Pleas in law and main arguments
— order the defendants jointly and severally to pay the
    European Commission interest on the principal sum of
    54 510 EUR at the rate used by the European Monetary               The mandatory nature of the provisions of the third paragraph
    Cooperation Fund plus two per cent, and                            of Article 189 and of the first paragraph of Article 5 of the EC
                                                                       Treaty is such as to oblige Member States to which directives
                                                                       are addressed to adopt the measures necessary in order to
— order the defendants jointly and severally to pay the costs          transpose those directives into their national legal order within
    of the action.                                                     the time-limit prescribed therein. The time-limit in question
                                                                       expired on 18 July 1996 but the French Republic has not
                                                                       adopted the necessary measures.
Pleas in law and main arguments
                                                                       (1) OJ L 168, 18.7.1995, p. 7.
The Court has jurisdiction on the basis of an arbitration clause
concluded in 1992.