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You are here: BAILII >> Databases >> Court of Justice of the European Communities (including Court of First Instance Decisions) >> Commission v Ireland (Transport) [2000] EUECJ C-408/99 (26 September 2000) URL: http://www.bailii.org/eu/cases/EUECJ/2000/C40899.html Cite as: [2000] EUECJ C-408/99 |
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JUDGMENT OF THE COURT (Fifth Chamber)
26 September 2000 (1)
(Failure by a Member State to fulfil its obligations - Directives 94/55/EC and 96/86/EC - Failure to transpose into national law within the period prescribed)
In Case C-408/99,
Commission of the European Communities, represented by M. Wolfcarius, Legal Adviser, acting as Agent, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,
applicant,
v
Ireland, represented by M.A. Buckley, Chief State Solicitor, acting as Agent, with an address for service in Luxembourg at the Irish Embassy, 28 Route d'Arlon,
defendant,
APPLICATION for a declaration that by failing to adopt the laws, regulations or administrative provisions necessary to comply with Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road (OJ 1994 L 319, p. 7) and Commission Directive 96/86/EC of 13 December 1996 adapting to technical progress Directive 94/55 (OJ 1996 L 335, p. 43), or in any event by failing to inform the Commission of those measures, Ireland has failed to fulfil its obligations under those Directives,
THE COURT (Fifth Chamber),
composed of: D.A.O. Edward, President of the Chamber, L. Sevón, P.J.G. Kapteyn, H. Ragnemalm (Rapporteur) and M. Wathelet, Judges,
Advocate General: A. Saggio,
Registrar: R. Grass,
having regard to the report of the Judge-Rapporteur,
after hearing the Opinion of the Advocate General at the sitting on 25 May 2000,
gives the following
Costs
12. Under Article 69(2) of the Rules of Procedure, the unsuccessful party is to be ordered to pay the costs if they have been applied for in the successful party's pleadings. Since the Commission has applied for costs and Ireland has been unsuccessful, the latter must be ordered to pay the costs.
On those grounds,
THE COURT (Fifth Chamber)
hereby:
1. Declares that, by failing to adopt within the period prescribed the laws, regulations or administrative provisions necessary to comply with Council Directive 94/55/EC of 21 November 1994 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road and Commission Directive 96/86/EC of 13 December 1996 adapting to technical progress Directive 94/55, Ireland has failed to fulfil its obligations under those directives;
2. Orders Ireland to pay the costs.
Edward
RagnemalmWathelet
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Delivered in open court in Luxembourg on 26 September 2000.
R. Grass D.A.O. Edward
Registrar President of the Fifth Chamber
1: Language of the case: English.