CELEX: 62002CJ0348
Failure of a Member State to fulfil its obligations
Failure to implement Directive 1999/13/EC

By application lodged at the Court Registry on 30 September 2002, the Commission of the European Communities brought an action
under Article 226 EC for a declaration that, by failing to adopt all the laws, regulations and administrative provisions necessary
to comply with Council Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds
due to the use of organic solvents in certain activities and installations (OJ 1999 L 85, p. 1, and corrigendum, OJ 1999 L
188, p. 54), the Italian Republic has failed to fulfil its obligations under Article 15 of that directive.
Article 15 of Directive 1999/13 provides that Member States are to bring into force the laws, regulations and administrative
provisions necessary to comply with it not later than 1 April 2001 and that they are forthwith to inform the Commission thereof.
Since the Directive had not been transposed into Italian law within the period prescribed, the Commission initiated the procedure
provided for in Article 226 EC. Having given the Italian Republic formal notice to submit its observations, on 20 December
2001 the Commission issued a reasoned opinion and called on that Member State to take the necessary measures to comply with
it within two months of its notification. As the Italian Republic did not reply to the reasoned opinion, the Commission brought
the present action.
The Commission claims that by failing to adopt the measures necessary to comply with Directive 1999/13 the Italian Republic
has failed to fulfil its obligations under the relevant provisions of that directive.
The Italian Republic states that a draft decree implementing Directive 1999/13 has been drawn up by the Ministry of the Environment
and is in the course of being approved by the Conferenza Stato Regioni (State-Regional Conference).
The Italian Republic does not dispute that, on expiry of the period prescribed in the reasoned opinion, the measures necessary
to transpose Directive 1999/13 into national law had not yet been taken, but confines itself to indicating the stage  which
the implementation procedure has reached.
However, the Court has consistently held that the question whether there has been a failure to fulfil obligations must be
examined on the basis of the position in which the Member State found itself at the end of the period laid down in the reasoned
opinion and the Court cannot take account of any subsequent changes (see, in particular, Case C-455/00
Commission
v
Italy
[2002] ECR I-9231, paragraph 21).
In the present case, it is established that no measure transposing Directive 1999/13 into national law had been taken when
the period prescribed in the reasoned opinion expired.
The Commission's application must therefore be held to be well founded.
Therefore it should be held that by failing to adopt all the laws, regulations and administrative provisions necessary to
comply with Council Directive 1999/13 the Italian Republic has failed to fulfil its obligations under Article 15 of that directive.
Costs
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 the Italian Republic has
been unsuccessful, the Italian Republic must be ordered to pay the costs.
On those grounds,
THE COURT (First Chamber),
hereby:
1.
Declares that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Council
Directive 1999/13/EC of 11 March 1999 on the limitation of emissions of volatile organic compounds due to the use of organic
solvents in certain activities and installations, the Italian Republic  has failed to fulfil its obligations under Article
15 of that directive;
2.
Orders the Italian Republic to pay the costs.
Wathelet
Jann
Rosas
Delivered in open court in Luxembourg on 2 October 2003.
R. Grass
M. Wathelet
Registrar
President of the First Chamber
–
Language of the case: Italian.