CELEX: C2000/149/29
Language: en
Date: 2000-05-27 00:00:00
Title: Case C-44/00 P: Appeal brought on 14 February 2000 by Société de Distribution de Mécaniques et d'Automobiles (Sodima) against the judgment delivered on 13 December 1999 by the First Chamber of the Court of First Instance of the European Communities in Joined Cases T-190/95 and T-45/96 between Société de Distribution de Mécaniques et d'Automobiles (Sodima) and the Commission of the European Communities

C 149/18              EN                    Official Journal of the European Communities                                     27.5.2000
Action brought on 11 February 2000 by the Commission                   the European Communities in Joined Cases T-190/95 and
   of the European Communities v Kingdom of Sweden                     T-45/96 between Société de Distribution de Mécaniques et
                                                                       d’Automobiles (Sodima) and the Commission of the European
                         (Case C-42/00)                                Communities was brought before the Court of Justice of the
                                                                       European Communities on 14 February 2000 by Société de
                                                                       Distribution de Mécaniques et d’Automobiles represented by
                        (2000/C 149/28)                                SCP Fourgoux & Associés, of the Paris Bar, with an address for
                                                                       service in Luxembourg at the Chambers of Pierrot Schiltz, 4
An action against the Kingdom of Sweden was brought                    Rue Béatrix de Bourbon.
before the Court of Justice of the European Communities on
11 February 2000 by the Commission of the European                     The appellant claims that the Court should:
Communities, represented by Karen Banks and Christina
Tufvesson, of the Commission’s Legal Service, both acting as
Agents, with an address for service in Luxembourg at the office        — annul the judgment of the Court of First Instance of
of Carlos Gómez de la Cruz, of its Legal Service, Wagner                  13 December 1999 in Joined Cases T-190/95 and
Centre, Kirchberg, Luxembourg.                                             T-45/96;
                                                                       — order the Commission to pay the costs.
The applicant claims that the Court should:
1. declare that by failing to adopt the laws, regulations
    and administrative provisions necessary to comply with             Pleas in law and main arguments
    Council Directive 96/67/EC (1) of 15 October 1996 on
    access to the groundhandling market at Community                   Infringement of essential procedural requirements and funda-
    airports the Kingdom of Sweden has failed to fulfil its            mental rights, infringement of the Treaty and error of appraisal
    obligations under that directive;                                  of the facts and law as regards admissibility of the actions.
2. order the Kingdom of Sweden to pay the costs.
Pleas and main arguments
The binding nature of the provisions in the third paragraph of
Article 249 and Article 10 of the EC Treaty requires the               Action brought on 15 February 2000 by the Commission
Member States to take the necessary measures to implement              of the European Communities against the Kingdom of
the directive in national law within the period laid down. The                                        Spain
period laid down in Article 23(1) of Directive 96/67/EC expired
on 25 October 1997 without Sweden having promulgated the
provisions necessary to comply with the directive.                                                (Case C-48/00)
(1) OJ L 272 of 25.10.96, p. 36.                                                                 (2000/C 149/30)
                                                                       An action against the Kingdom of Spain was brought before the
                                                                       Court of Justice of the European Communities on 15 February
                                                                       2000 by the Commission of the European Communities,
                                                                       represented by Juan Guerra Fernández, acting as Agent, with
                                                                       an address for service in Luxembourg at the office of Carlos
                                                                       Gómez de la Cruz, Wagner Centre, Kirchberg.
Appeal brought on 14 February 2000 by Société de
Distribution de Mécaniques et d’Automobiles (Sodima)
against the judgment delivered on 13 December 1999 by                  The applicant claims that the Court should:
the First Chamber of the Court of First Instance of the
European Communities in Joined Cases T-190/95 and                      1. declare that by failing to adopt, implement and notify
T-45/96 between Société de Distribution de Mécaniques                      all the laws, regulations and administrative provisions
et d’Automobiles (Sodima) and the Commission of the                        necessary to comply with Council Directive 97/41/EC (1)
                    European Communities                                   of 25 June 1997 amending Directives 76/895/EEC,
                                                                           86/362/EEC, 86/363/EEC and 90/642/EEC relating to the
                       (Case C-44/00 P)                                    fixing of maximum levels for pesticide residues in and on,
                                                                           respectively, fruit and vegetables, cereals, foodstuffs of
                                                                           animal origin, and certain products of plant origin, includ-
                        (2000/C 149/29)                                    ing fruit and vegetables, the Kingdom of Spain has failed
                                                                           to fulfil its obligations under the EC Treaty, and,
An appeal against the judgment delivered on 13 December
1999 by the First Chamber of the Court of First Instance of            2. order the defendant to pay the costs.