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5.9.

98 EN Official Journal of the European Communities C 278/27

Pleas in law and main arguments adduced in support: Article 7 of the Directive. However, the Commission
also points out that the national decision to adopt an
integrated strategy to combat pollution rather than
Under Article 20 of Directive 78/686/EEC, Member States evaluating the situation substance by substance makes it
which require their own nationals to complete a difficult to verify whether Article 7 is being complied
preparatory training period in order to become eligible for with, in particular as regards the 99 priority substances, if
appointment as a dental practitioner of a social security the information forwarded to the Commission is not set
scheme could, for a period of eight years following out in an orderly and transparent or at least non-
notification of the Directive, impose a training period of a contradictory fashion.
maximum of six months on nationals of other Member
States. That eight-year period expired on 28 July 1986.
However, under Article 17 of the Zulassungsordnung für In any event, the Commission has reason to conclude that
Vertragszahnärzte (Rules on Admission for Appointed the Portuguese Republic has not completed identification
Dental Practitioners) the German authorities require of the substances existing in Portugal which appear on
applicants from other Member States to attend one or the list of 99 substances and, in relation to those which
three-day courses, in which linguistic proficiency and it has identified, it has not adopted genuine reduction
knowledge of German social security law are also tested. programmes and has only partially set quality objectives.
In that respect, the Commission considers that the few
(1) OJ L 233, 24.8.1978, p. 1. voluntary agreements with some industrial sectors are
(2) OJ L 233, 24.8.1978, p. 10. not binding and cannot in any event be regarded as
programmes within the meaning of Article 7 of the
Directive. But even if they were, they do not cover all the
industrial sectors and still less do they reduce pollution
deriving from various sources.

Action brought on 17 July 1998 by the Commission of the In addition, as far as the plans for de-pollution of the
European Communities against the Portuguese Republic River AÂ gueda, Bacia do Guadiana and Bacia de Alcanena
(Case C-261/98) are concerned, although they may contribute to improving
water quality, they do not constitute, from the point of
(98/C 278/48) view either of geographical cover or of content, timetabled
programmes for the reduction of pollution from the 99
priority substances, with clear quality objectives and
An action against the Portuguese Republic was brought emission standards.
before the Court of Justice of the European Communities
on 17 July 1998 by the Commission of the European
Communities, represented by Francisco de Sousa Fialho, (1) OJ L 129, 18.5.1976, p. 23.
of its Legal Service, acting as Agent, with an address for
service in Luxembourg at the office of Carlos Gómez de la
Cruz, also of its Legal Service, Wagner Centre, Kirchberg.

The applicant claims that the Court of Justice should:
Action brought on 17 July 1998 by the Commission of the
European Communities against the Kingdom of Belgium
Ð declare that, by failing to adopt and/or communicate
to the Commission summaries of the programmes for (Case C-262/98)
the reduction of pollution incorporating quality
objectives and the corresponding results in respect of (98/C 278/49)
the 99 priority substances mentioned in the first indent
of List II in the Annex to Council Directive 76/464/
EEC of 4 May 1976 on pollution caused by certain An action against the Kingdom of Belgium was brought
dangerous substances discharged into the aquatic before the Court of Justice of the European Communities
environment of the Community (1), the Portuguese on 17 July 1998 by the Commission of the European
Republic has failed to fulfil its obligations under Communities, represented by Frank Benyon, Legal
Article 7 of that Directive and the third paragraph of Adviser, acting as Agent, with an address for service in
Article 189 of the EC Treaty, Luxembourg at the office of Carlos Gómez de la Cruz,
Wagner Centre, Kirchberg.
Ð order the Portuguese Republic to pay the costs.
The Commission of the European Communities claims
Pleas in law and main arguments adduced in support: that the Court should:

The Commission recognises that the Portuguese Ð declare that, by failing to communicate the laws,
authorities have been making efforts to comply with regulations and administrative measures necessary in
C 278/28 EN Official Journal of the European Communities 5.9.98

order to comply with Council Directive 93/65/EEC of financing for the sum of BEF 382 208 436 by way of
19 July 1993 on the definition and use of compatible expenditure incurred for the advance payment of
technical specifications for the procurement of export refunds;
air-traffic management equipment and systems (1),
alternatively by failing to take the measures necessary 2. order the Commission to pay the costs of the
to comply therewith, the Kingdom of Belgium has proceedings.
failed to fulfil its obligations under that Directive,
Pleas in law and main arguments adduced in support:

Ð order the Kingdom of Belgium to pay the costs.
The pleas in law and main arguments are identical to
those in Case C-242/97 (2).
Pleas in law and main arguments adduced in support:
(1) OJ L 163, 6.6.1998, p. 28.
(2) OJ C 271, 6.9.1997, p. 6.

The pleas in law and main arguments are analogous to
those in Case C-250/98 (2); the time limit laid down by
Article 9 of the Directive expired on 20 July 1994.

Reference for a preliminary ruling from the Tribunal de
The Commission asserts, in the alternative, that the PremieÁre Instance de Charleroi by judgment of that court
Directive confers on nationals of the Member States the of 2 July 1998 in the case of Tibor Balog v. ASBL Royal
right to respond to invitations to tender prepared in Charleroi Sporting Club (RCSC)
accordance with the standards laid down pursuant to
and in accordance with the Directive. For that reason, (Case C-264/98)
internal memoranda circulated by State ministries or (98/C 278/51)
administrative authorities do not constitute an adequate
transposition measure.
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Tribunal de
(1) OJ L 187, 27.7.1993, p. 52. PremieÁre Instance (Court of First Instance), Charleroi, of
(2) See page 22 of this Official Journal. 2 July 1998, which was received at the Court Registry on
20 July 1998, for a preliminary ruling in the case of Tibor
Balog v. ASBL Royal Charleroi Sporting Club on the
following question:

Is it compatible with Article 85 of the EC Treaty and/or
with Article 53 of the Agreement on the European
Action brought on 17 July 1998 by the Kingdom Economic Area for a football club established in the
of Belgium against the Commission of the European territory of a Member State of the European Union to
Communities claim, on the basis of the rules and circulars of the
(Case C-263/98) national and international federations (URBSFA, UEFA,
FIFA), payment of a transfer sum' on the occasion of the
(98/C 278/50) engagement of one of its former players, a professional
footballer of non-Community nationality who has reached
the end of his contract, by a new employer established in
An action against the Commission of the European the same Member State, in another Member State of the
Communities was brought before the Court of Justice of European Union or the European Economic Area, or in a
the European Communities on 17 July 1998 by the non-member country?
Kingdom of Belgium, represented by J. Devadder, General
Adviser in the Ministry of Foreign Affairs, Foreign Trade
and Development Cooperation, and H. Gilliams, of the
Brussels Bar, with an address for service in Luxembourg at
the Belgian Embassy, 4 rue des Girondins.
References for preliminary rulings by Juzgado de Primera
Instancia No 35, Barcelona, by orders of that court of
The applicant claims that the Court should: 31 March 1998 in the cases of Salvat Editores SA and
Others and J. CompanÄ Calbuig and Others
(Cases C-265/98 to C-272/98)
1. annul Commission Decision 98/358/EC of 6 May
(98/C 278/52)
1998 on the clearance of the accounts presented by the
Member States in respect of the expenditure for 1994
on the Guarantee Section of the European Agricultural Reference has been made to the Court of Justice of the
Guidance and Guarantee Fund (EAGGF) (1) in so far European Communities by orders of Juzgado de Primera
as it disallows, in respect of the applicant, Community Instancia (Court of First Instance) No 35, Barcelona, of