91997E4208

WRITTEN QUESTION E-4208/97 by Bryan Cassidy (PPE) to the Commission (21 January 1998)

Subject: Judgment of the European Court of Justice (ECJ) on 26 October 1996 in the case of Elida Gibbs Limited (Case C-317/94)

This ECJ judgment appears to be frustrated by its non-application in Germany and its partial application in France and Greece.

What action was taken originally by the Commission to determine whether all Member States were complying fully with the ECJ judgment in Elida Gibbs Limited?

Joint answer to Written Questions E-4208/97, E-4209/97, E-4210/97 and E-4211/97 given by Mr Monti on behalf of the Commission (19 March 1998)

As the Commission indicated in its answer to Written Question P-1211/97 by Mr Tomlinson ((OJ C 373, 9.12.1997. )), where a decision of the Court on a reference for a preliminary ruling constitutes a general interpretation of Community law, the Commission writes - in principle within two months - to each Member State asking how they apply the act in question and related provisions. In the case in point, such a letter was sent to the fifteen Member States.

Examination of the replies showed that a number of Member States had not at that stage drawn all the conclusions from the Elida Gibbs judgment of 24 October 1996 (Case C-317/94), in particular Germany, Greece and France. As regards the latter two, the Commission decided to investigate the matter under the Article 169 procedure. With regard to Germany, proceedings suspended pending the above-mentioned preliminary ruling were resumed, and the Commission decided to send a reasoned opinion.

Lastly, in the absence of a reply to the administrative letter from the Commission about the implementing measures adopted by Austria, the Commission also decided to investigate the case of this Member State under the Article 169 procedure.