# C_2004106EN.01004002.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/40 |
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30.4.2004

EN

Official Journal of the European Union

C 106/40

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Action brought on 15 March 2004 by the Commission of the European Communities against the Italian Republic

(Case C-139/04)

(2004/C 106/70)

An action against the Italian Republic was brought before the Court of Justice of the European Communities on 15 March 2004 by the Commission of the European Communities, represented by Gregorio Valero Jordana and Roberto Amorosi, acting as Agents.

The applicant claims that the Court should:

| — | Declare that, by communicating to the Commission only in part the methods used for the preliminary assessment of air quality under Article 3 in respect of the substances covered by Directive 1999/30/EC (1) and by sending after 30 September 2002 the questionnaire adopted by Decision 2001/839/EC (2), providing only certain information in respect of 2001 on the substances covered by Directive 1999/30/EC, as laid down by Article 11(1)(a)(i) and (ii) and Article 11(1)(b) of Directive 1996/62/EC (3), the Italian Republic has failed to fulfil its obligations under Article 11 in conjunction with Article 4(1) of Directive 1996/62/EC and with Directive 1999/30/EC, and its obligations under Article 11 in conjunction with Article 4(1) of Directive 1996/62/EC, with Directive 1999/30/EC and with Article 1 of Decision 2001/839/EC; |
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Declare that, by communicating to the Commission only in part the methods used for the preliminary assessment of air quality under Article 3 in respect of the substances covered by Directive 1999/30/EC (1) and by sending after 30 September 2002 the questionnaire adopted by Decision 2001/839/EC (2), providing only certain information in respect of 2001 on the substances covered by Directive 1999/30/EC, as laid down by Article 11(1)(a)(i) and (ii) and Article 11(1)(b) of Directive 1996/62/EC (3), the Italian Republic has failed to fulfil its obligations under Article 11 in conjunction with Article 4(1) of Directive 1996/62/EC and with Directive 1999/30/EC, and its obligations under Article 11 in conjunction with Article 4(1) of Directive 1996/62/EC, with Directive 1999/30/EC and with Article 1 of Decision 2001/839/EC;

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| — | Order the Italian Republic to pay the costs. |
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Order the Italian Republic to pay the costs.

Pleas in law and main arguments:

The treatment of the information communicated by Italy with regard to the Regions and certain of them appears to infringe the obligations stated in the reasoned opinion. To date, however, the Commission has not received information on the methods used for the preliminary assessment of air quality under Article 5 of Directive 96/62/EC in respect of the substances covered by Directive 1999/30/EC from the following regions: Abruzzo, Basilicata, Calabria, Campania, Emilia Romagna, Friuli Venezia Giulia, Lazio, Molise, Puglia, Sardegna, Sicilia, Provincia Autonoma di Bolzano, Umbria and Veneto. Furthermore, the questionnaires in respect of 2001 on the substances covered by Directive 99/30/EC, as laid down by Article 11(1)(a)(i) and (ii) and Article 11(1)(b) of Directive 1996/62/EC appear to be missing in respect of the following Regions: Abruzzo, Basilicata, Calabria, Campania, Friuli Venezia Giulia, Molise, Puglia, Sardegna, Sicilia, Provincia Autonoma di Bolzano and Umbria.

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(1)  OJ L 163 of 29.06.1999, p. 41.

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(2)  OJ L 319 of 04.12.2001, p. 45.

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(3)  OJ L 296 of 21.11.1996, p. 55.

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