CELEX: C2001/028/28
Language: en
Date: 2001-01-27 00:00:00
Title: Case C-413/00: Action brought on 9 November 2000 by the Commission of the European Communities against the Kingdom of the Netherlands

C 28/16                  EN                   Official Journal of the European Communities                                     27.1.2001
Pleas in law and main arguments                                          Action brought on 10 November 2000 by the Com-
                                                                         mission of the European Communities against the Portu-
The pleas in law and main arguments are similar to those                                            guese Republic
relied on in Case C-407/00 (4); the time-limit for transposition
expired on 13 February 1999, 31 March 1999 and 30 April                                             (Case C-414/00)
1999 respectively.
                                                                                                     (2001/C 28/29)
( 1) OJ 1998 L 208, p. 49.                                               An action against the Portuguese Republic was brought
( 2) OJ 1998 L 261, p. 32.                                               before the Court of Justice of the European Communities on
( 3) OJ 1998 L 290, p. 25.                                               10 November 2000 by the Commission of the European
( 4) See p. 13 of this Official Journal.                                 Communities, represented by Ana Maria Alves Vieira, of its
                                                                         Legal 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.
                                                                         The applicant claims that the Court should:
                                                                         —     Declare that, by failing to bring into force within the
Action brought on 9 November 2000 by the Commission                            prescribed period all the provisions necessary to comply
of the European Communities against the Kingdom of the                         with Council Directive 97/78/EC (1) of 18 December
                               Netherlands                                     1997 laying down the principles governing the organis-
                                                                               ation of veterinary checks on products entering the
                            (Case C-413/00)                                    Community from third countries, the Portuguese Repub-
                                                                               lic has failed to fulfil its obligations under Articles 10
                                                                               and 249 of the EC Treaty; and
                             (2001/C 28/28)
                                                                         —     Order the Portuguese Republic to pay the costs.
An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on               Pleas in law and main arguments
9 November 2000 by the Commission of the European
Communities, represented by B. Mongin and H. M. H. Speyart,              The pleas in law and main arguments are similar to those
of its Legal Service, acting as Agents, with an address for              relied on in Case C-407/00 (2); the time-limit for transposition
service in Luxembourg at the office of C. Gómez de la Cruz, of          of the directive expired on 1 June 1999.
its Legal Service, Wagner Centre, Kirchberg.
                                                                         (1) OJ 1998 L 24, p. 9.
The applicant claims that the Court should:                              (2) See p. 13 of this Official Journal.
1.     Declare that, by not adopting the laws, regulations
       and administrative provisions necessary to comply with
       Council Directive 98/41/EC (1) of 18 June 1998 on the
       registration of persons sailing on board passenger ships
       operating to or from ports of the Member States of the
       Community, or in any event by not informing the                   Reference for a preliminary ruling by the Unabhängiger
       Commission of such measures, the Kingdom of the                   Verwaltungssenat Salzburg by order of that court of
       Netherlands has failed to fulfil its obligations under that       9 November 2000 in the appeal concerning (1) Dr Herbert
       directive.                                                        Pflanzl, (2) Bürgermeister der Landeshauptstadt Salzburg,
                                                                         (3) Grundverkehrsbeauftragter des Landes Salzburg and
2.     Order the Kingdom of the Netherlands to pay the costs.            (4) Grundverkehrslandeskommission des Landes Salzburg
                                                                                                    (Case C-415/00)
Pleas in law and main arguments
                                                                                                     (2001/C 28/30)
The pleas in law and main arguments are similar to those in
Case C-407/00 (2); the period for transposition expired on               Reference has been made to the Court of Justice of the
1 January 1999.                                                          European Communities by order of the Unabhängiger Verwal-
                                                                         tungssenat Salzburg of 9 November 2000, received at the
                                                                         Court Registry on 13 November 2000, for a preliminary
(1) OJ 1998 L 188, p. 35.                                                ruling in the appeal concerning (1) Dr Herbert Pflanzl, (2)
(2) See p. 13 of this Official Journal.                                  Bürgermeister der Landeshauptstadt Salzburg, (3) Grundver-
                                                                         kehrsbeauftragter des Landes Salzburg and (4) Grundver-
                                                                         kehrslandeskommission des Landes Salzburg on the following
                                                                         question: