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C 378/2 EN Official Journal of the European Communities 5.12.

98

and administrative provisions necessary to comply with measures forthwith, the Portuguese Republic has failed to
Commission Directive 94/69/EC of 19 December 1994 fulfil its obligations under the third paragraph of
adapting to technical progress for the twenty-first time Article 189 of the EC Treaty and the combined provisions
Council Directive 67/548/EEC on the approximation of of Article 13 of that directive, Article 395 of and Annex
laws, regulations and administrative provisions relating to XXXVI to the Act concerning the conditions of accession
the classification, packaging and labelling of dangerous of the Kingdom of Spain and the Portuguese Republic and
substances (OJ L 381, 31.12.1994, p. 1), the Kingdom of the adjustments to the Treaties (OJ L 302, 15.11.1985,
Belgium has failed to fulfil its obligations under that p. 23), the Portuguese Republic has failed to fulfil its
directive Ð the Court (Third Chamber), composed of: C. obligations under that directive, Ð the Court (Sixth
Gulmann (Rapporteur), President of the Chamber, J. C. Chamber), composed of: P. J. G. Kapteyn, President of the
Moitinho de Almeida and J.-P. Puissochet, Judges; P. Chamber, G. Hirsch, G. F. Mancini, H. Ragnemalm and
LeÂger, Advocate-General; R. Grass, Registrar, has given a R. Schintgen (Rapporteur), Judges; S. Alber, Advocate-
judgment on 6 October 1998, in which it: General; R. Grass, Registrar, has given a judgment on
15 October 1998, in which it:
1. Declares that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply 1. Declares that, by failing to adopt within the prescribed
with Commission Directive 94/69/EC of 19 December period the laws, regulations and administrative
1994 adapting to technical progress for the twenty- provisions necessary to comply with Council Directive
first time Council Directive 67/548/EEC on the 79/869/EEC of 9 October 1979 concerning the
approximation of laws, regulations and administrative methods of measurement and frequencies of sampling
provisions relating to the classification, packaging and and analysis of surface water intended for the
labelling of dangerous substances, the Kingdom of abstraction of drinking water in the Member States,
Belgium has failed to fulfil its obligations under the the Portuguese Republic has failed to fulfil its
first paragraph of Article 2 thereof; obligations under the combined provisions of that
directive and of the Act concerning the conditions of
accession of the Kingdom of Spain and the Portuguese
2. Orders the Kingdom of Belgium to pay the costs. Republic and the adjustments to the Treaties;

(1) OJ C 166, 30.5.1998.


2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 252, 16.8.1997.

JUDGMENT OF THE COURT


(Sixth Chamber)
of 15 October 1998 JUDGMENT OF THE COURT
in Case C-229/97: Commission of the European (Fifth Chamber)
Communities v. Portuguese Republic (1)
of 15 October 1998
(Failure of a Member State to fulfil its obligations Ð
in Case C-268/97: Commission of the European
Failure to transpose fully Directive 76/869/EEC)
Communities v. Kingdom of Belgium (1)
(98/C 378/03)
(Failure of a Member State to fulfil its obligations Ð
Directive 86/609/EEC)
(Language of the case: Portuguese)
(98/C 378/04)

(Provisional translation; the definitive translation will be (Language of the case: French)
published in the European Court Reports)

(Provisional translation; the definitive translation will be


In Case C-229/97: Commission of the European published in the European Court Reports)
Communities (Agent: Francisco de Sousa Fialho) v.
Portuguese Republic (Agents: Luis Fernandes and JoaÄo
Lopes Fernandes) Ð Application for a declaration that, by In Case C-268/97: Commission of the European
failing to adopt within the prescribed period the laws, Communities (Agents: Hendrik van Lier and Lena Ström)
regulations and administrative provisions necessary to v. Kingdom of Belgium (Agent: Jan Devadder) Ð
comply with Council Directive 79/869/EEC of 9 October Application for a declaration that, by not adopting within
1979 concerning the methods of measurement and the prescribed period all the measures necessary to comply
frequencies of sampling and analysis of surface water with Articles 14 and 22 of Council Directive 86/609/EEC
intended for the abstraction of drinking water in the of 24 November 1986 on the approximation of laws,
Member States (OJ L 271, 29.10.1979, p. 44), and, in the regulations and administrative provisions of the Member
alternative, by not informing the Commission of those States relating to the protection of animals used for
5.12.98 EN Official Journal of the European Communities C 378/3

experimental and other scientific purposes (OJ L 358, Chamber, G. Hirsch, G. F. Mancini, H. Ragnemalm and
18.12.1986, p. 1), the Kingdom of Belgium has failed to R. Schintgen (Rapporteur), Judges; A. Saggio, Advocate-
fulfil its obligations under that directive and the EC Treaty General; R. Grass, Registrar, has given a judgment on
Ð the Court (Fifth Chamber), composed of: J.-P. 15 October 1998, in which it:
Puissochet, President of the Chamber, P. Jann, C.
Gulmann, D. A. O. Edward and L. Sevón (Rapporteur),
Judges, F. G. Jacobs, Advocate-General; R. Grass, 1. Declares that by not adopting within the prescribed
Registrar, has given a judgment on 15 October 1998, in period all the measures necessary to comply with
which it: Articles 14 and 22 of Council Directive 86/609/EEC
of 24 November 1986 on the approximation of laws,
regulations and administrative provisions of the
1. Declares that by not adopting within the prescribed Member States relating to the protection of animals
period all the measures necessary to comply with used for experimental and other scientific purposes,
Articles 14 and 22 of Council Directive 86/609/EEC the Kingdom of Belgium has failed to fulfil its
of 24 November 1986 on the approximation of laws, obligations under that directive.
regulations and administrative provisions of the
Member States relating to the protection of animals
used for experimental and other scientific purposes,
2. Orders the Kingdom of Belgium to pay the costs.
the Kingdom of Belgium has failed to fulfil its
obligations under that directive.
(1) OJ C 295, 27.9.1997.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 295, 27.9.1997.

JUDGMENT OF THE COURT


(Sixth Chamber)
of 15 October 1998
JUDGMENT OF THE COURT
(Sixth Chamber) in Case C-284/97: Commission of the European
Communities v. French Republic (1)
of 15 October 1998
(Failure of a Member State to fulfil its obligations Ð
in Case C-283/97: Commission of the European Directive 93/40/EEC Ð Failure to transpose within the
Communities v. Kingdom of Belgium (1) prescribed period)
(Failure of a Member State to fulfil its obligations Ð (98/C 378/06)
Directive 92/73/EEC Ð Failure to transpose within the
prescribed period)
(98/C 378/05) (Language of the case: French)

(Language of the case: French)


(Provisional translation; the definitive translation will be
published in the European Court Reports)
(Provisional translation; the definitive translation will be
published in the European Court Reports)
In Case C-284/97: Commission of the European
Communities (Agents: Fernando Castillo de la Torre
In Case C-283/97: Commission of the European and Olivier Couvert-CasteÂra) v. French Republic
Communities (Agents: Fernando Castillo de la Torre and (Agent: Kareen Rispal-Bellinger and FreÂdeÂric Pascal) Ð
Olivier Couvert-CasteÂra) v. Kingdom of Belgium (Agent: Application for a declaration that, by failing to adopt the
Jan Devadder) Ð Application for a declaration that, by laws, regulations and administrative provisions necessary
failing to adopt the laws, regulations and administrative to comply with Council Directive 93/40/EEC of 14 June
provisions necessary to comply with Council Directive 1993 amending Directives 81/851/EEC and 81/852/EEC
92/73/EEC of 22 September 1992 widening the scope on the approximation of the laws of the Member States
of Directives 65/65/EEC and 75/319/EEC on the relating to veterinary medicinal products (OJ L 214,
approximation of provisions laid down by law, regulation 24.8.1993, p. 31), the French Republic has failed to fulfil
or administrative action relating to medicinal products its obligations under the EC Treaty and that directive, Ð
and laying down additional provisions on homeopathic the Court (Sixth Chamber), composed of: P. J. G.
medicinal products (OJ L 297, 13.10.1992, p. 8), the Kapteyn, President of the Chamber, G. Hirsch, G. F.
Kingdom of Belgium has failed to fulfil its obligations Mancini, H. Ragnemalm and R. Schintgen (Rapporteur),
under the EC Treaty and that directive Ð the Court (Sixth Judges; A. Saggio, Advocate-General; R. Grass, Registrar,
Chamber), composed of: P. J. G. Kapteyn, President of the has given a judgment on 15 October 1998, in which it: