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C 312/2 EN Official Journal of the European Communities 10.10.

98

a declaration that, by failing to adopt, within the Smanor and Others v. Commission [1997] ECR II-1081,
prescribed periods, the laws, regulations and seeking to have that order set aside, the other party to the
administrative provisions necessary to comply with Ð proceedings being Commission of the European
Commission Directive 94/15/EC of 15 April 1994 Communities (Agents: Richard B. Wainwright and Olivier
adapting to technical progress for the first time Council Couvert-CasteÂra) Ð the Court (Fourth Chamber),
Directive 90/220/EEC on the deliberate release into the composed of: H. Ragnemalm, President of the Chamber,
environment of genetically modified organisms (OJ L 103, P. J. G. Kapteyn and K. M. Ioannou (Rapporteur), Judges;
22.4.1994, p. 20) and Ð Commission Directive 94/51/EC A. Saggio, Advocate-General; R. Grass, Registrar, made an
of 7 November 1994 adapting to technical progress order on 9 July 1998, the operative part of which is as
Council Directive 90/219/EEC on the contained use of follows:
genetically modified micro-organisms (OJ L 297,
18.11.1994, p. 29), the Grand Duchy of Luxembourg has 1. The appeal is dismissed.
failed to fulfil its obligations under those Directives Ð the
Court (Sixth Chamber), composed of: H. Ragnemalm
(Rapporteur), President of the Chamber, R. Schintgen, 2. The appellants shall pay the costs.
P. J. G. Kapteyn, J. L. Murray and K. M. Ioannou, Judges;
A. La Pergola, Advocate-General; R. Grass, Registrar, has (1) OJ C 357, 22.11.1997.
given a judgment on 16 July 1998, in which it:

1. declares that, by failing to adopt, within the prescribed


period, the laws, regulations and administrative
provisions necessary to comply with Commission
Directive 94/51/EC of 7 November 1994 adapting to ORDER OF THE COURT
technical progress Council Directive 90/219/EEC on
the contained use of genetically modified micro- (Third Chamber)
organisms, the Grand Duchy of Luxembourg has of 14 July 1998
failed to fulfil its obligations under Article 2 of that
Directive; in Case C-399/97: Glasoltherm SARL v. Commission of
the European Communities, EÂlectricite de France and
2. orders the Grand Duchy of Luxembourg to pay the HLM Colomiers Habitat SA' (1)
costs. (Inadmissibility of the application)
(98/C 312/04)
(1) OJ C 331, 1.11.1997.

(Language of the case: French)

(Provisional translation; the definitive translation will be


published in the European Court Reports)
ORDER OF THE COURT
(Fourth Chamber)
In Case C-399/97: Glasoltherm SARL, in liquidation,
of 9 July 1998 established at Orsay (France), represented by Pascal
in Case C-317/97 P: Smanor SA and Hubert SeÂgaud Penciolelli, of the EÂvry Bar, whose address is at 18 Avenue
and Monique SeÂgaud v. Commission of the European de la LibeÂration, 91130 Ris-Orangis (France), v.
Communities (1) Commission of the European Communities (Agents:
Richard B. Wainwright and Olivier Couvert-Castera,
(Order of the Court of First Instance Ð Failure to initiate assisted by Nicole Coutrelis), EÂlectricite de France,
infringement proceedings Ð Action for a declaration of established in Paris, and HLM Colomiers Habitat SA',
failure to act and for damages Ð Appeal Ð Manifest established at Colomiers (France) Ð the Court (Third
inadmissibility) Chamber), composed of: C. Gulmann (Rapporteur),
(98/C 312/03) President of Chamber, J. C. Moitinho de Almeida and J.-P.
Puissochet, Judges; J. Mischo, Advocate-General; R.
(Language of the case: French) Grass, Registrar, has made an order on 14 July 1998, the
operative part of which is as follows:
(Provisional translation; the definitive translation will be
published in the European Court Reports) 1. The action is inadmissible.

In Case C-317/97 P: Smanor SA, a company incorporated 2. The application for legal aid is dismissed.
under French law, established at Saint-Martin-d'EÂcublei,
France, and Hubert SeÂgaud and Monique SeÂgaud, residing
at Saint-Martin-d'EÂcublei, represented by Laurence 3. Glasoltherm SARL in liquidation shall pay the costs.
Roques, of the Val-de-Marne Bar, 7-9 Rue du GeÂneÂral de
Larminat, CreÂteil, France Ð appeal against the order of (1) OJ C 55, 20.2.1998.
the Court of First Instance of the European Communities
(Second Chamber) of 3 July 1997 in Case T-201/96