ddrg/super_eurlex huggingface dataset:
Opinion of Mr Advocate General Mischo delivered on 1 July 1999. - Commission of the European Communities v Italian Republic. - Failure of a Member State to fulfil its obligations - Failure to transpose Directive 93/103/EC. - Case C-362/98.



European Court reports 1999 Page I-06299



Opinion of the Advocate-General

1 By the present action for failure to fulfil obligations brought against the Italian Republic on 9 October 1998, the Commission seeks from the Court a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1993 L 307, p. 1, hereinafter `the Directive'), or at least by failing to communicate them to the Commission, the Italian Republic has failed to fulfil its obligations under the Treaty and the Directive. The Commission also seeks an order requiring the Italian Republic to bear the costs of the proceedings.

2 In its application the Commission retraces the various stages of the precontentious procedure laid down by Article 169 of the EC Treaty (now Article 226 EC). As regards the merits of its action, the Commission argues that, by failing to adopt the necessary implementation measures, the Italian Republic has infringed Article 13(1) of the Directive, which allowed it until 23 November 1995 to adopt those measures, the third paragraph of Article 189 of the EC Treaty (now Article 249 EC) and Article 5 of the EC Treaty (now Article 10 EC).

3 In its defence, lodged on 29 January 1999, the Italian Republic neither disputes that the precontentious procedure was properly followed nor denies the infringement.

4 It merely states that it was not possible to initiate the process to implement the Directive until May 1998 when Community Law 1995/97 came into force, and that this implementation process is at present ongoing.

5 The Commission has taken the view that there is no need to lodge a reply, and both parties have waived their right to an oral hearing.

6 In those circumstances, I can only propose that the Commission's action be upheld in its entirety, albeit that it seems to me that a simple finding of infringement of Article 13 of the Directive would be sufficient.

7 I therefore suggest that the Court:

(1) declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 93/103/EC of 23 November 1993 concerning the minimum safety and health requirements for work on board fishing vessels (thirteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC), and/or by failing to inform the Commission thereof, the Italian Republic has failed to fulfil its obligations under that directive;

(2) order the Italian Republic to pay the costs.
((Sixth VAT Directive – Price reduction coupons issued by a manufacturer – Taxable amount with regard to retailers))
((Appeal – Competition – Article 65(1) of the ECSC Treaty – Association of undertakings – Normal competition – Information exchange system – Decisions by associations of undertakings))
((Action for annulment – Decision 2000/536/EC – State aid in favour of Seleco SpA))
Opinion of Mr Advocate General Jacobs delivered on 18 January 2001. - Commission of the European Communities v Italian Republic. - Failure by a Member State to fulfil its obligations - Undisputed failure - Directive 73/23/EEC - Electric water heaters - Conditions not prescribed by the directive. - Case C-100/00.



European Court reports 2001 Page I-02785



Opinion of the Advocate-General

1. In this case the Commission seeks a declaration pursuant to Article 226 EC that the Italian Republic has failed to fulfil its obligations under Community law by subjecting storage water heaters to safety conditions not prescribed by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, and thus not recognising the presumption of compliance with safety conditions of products manufactured in accordance with standard EN 60335-2-21.

2. Essentially the Commission contends that Italy imposes a requirement that storage water heaters are fitted with a mechanism which cuts off the electricity supply when the water temperature reaches 100° C, while the Community legislation allows a maximum of 130° C.

3. The Italian Government does not contest the infringement and states that it will seek to put an end to the infringement as soon as possible.

Conclusion

4. In those circumstances the Court should in my opinion:

(1) declare that the Italian Republic has failed to fulfil its obligations under Community law by subjecting storage water heaters to safety conditions not prescribed by Council Directive 73/23/EEC of 19 February 1973 on the harmonisation of the laws of Member States relating to electrical equipment designed for use within certain voltage limits, and thus not recognising the presumption of compliance with safety conditions of products manufactured in accordance with standard EN 60335-2-21;

(2) order Italy to pay the costs.
Opinion of Mr Advocate General Jacobs delivered on 5 July 2001. - Commission of the European Communities v Ireland. - Failure by a Member State to fulfil its obligations - Failure to incorporate Directives 96/49/EC and 96/87/EC into national law. - Case C-370/00.



European Court reports 2001 Page I-06329



Opinion of the Advocate-General

1. In this case the Commission seeks a declaration, pursuant to Article 226 EC, that by failing to adopt the laws, regulations or administrative provisions necessary to comply with Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail and Commission Directive 96/87/EC of 13 December 1996 adapting to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, or in any event by failing to inform the Commission of those measures, Ireland has failed to fulfil its obligations under those directives.

2. In its defence, Ireland does not contest the Commission's complaint, but states that work is continuing on a draft of regulations to implement the directives.

Conclusion

3. In those circumstances, the Court should in my opinion:

(1) declare that by failing to adopt the laws, regulations or administrative provisions necessary to comply with Council Directive 96/49/EC of 23 July 1996 on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail and Commission Directive 96/87/EC of 13 December 1996 adapting to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail, Ireland has failed to fulfil its obligations under those directives;

(2) order Ireland to pay the costs.
Opinion of Mr Advocate General Tizzano delivered on 11 September 2001. - Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland. - Failure by a Member State to fulfil its obligations - Environment - Waste - Directives 75/442/EEC, 91/689/EEC and 94/62/EC - Waste management plans. - Case C-35/00.



European Court reports 2002 Page I-00953



Opinion of the Advocate-General

1. In this action, which it brought on 8 February 2000 under Article 226 EC, the European Commission seeks a declaration that, by not adopting all the measures necessary to establish waste management plans and/or by not notifying them to the Commission, the United Kingdom has failed to fulfil its obligations under Article 7 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975 L 194, p. 39), as amended by Council Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32), Article 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (OJ 1991 L 377, p. 20), and Article 14 of Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ 1994 L 365, p. 10).

2. The United Kingdom does not contest the Commission's complaint, but assures the Court that the competent authorities are currently engaged on the measures necessary for full transposition of the directives in question.

3. It is however established that, at the expiry of the period set by the Commission's reasoned opinion of 23 April 1999, the United Kingdom had not complied with its obligations under the directives in question. That is sufficient, according to the settled case-law of the Court, to hold that the Commission's action is well founded.

4. The parties have agreed, however, that it is appropriate to exclude from these proceedings the question of the application of Directive 94/62 to Gibraltar, because that matter is the subject of another case.

5. 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 United Kingdom has been unsuccessful, it must be ordered to pay the costs.

6. In the light of the foregoing considerations I therefore propose that the Court should:

(1) declare that, by not adopting all the measures necessary to implement Article 7 of Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991, Article 6 of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste, and Article 14 of Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste, the United Kingdom has failed to fulfil its obligations under the said directives;

(2) order the United Kingdom to pay the costs.
((Article 234 EC – Freedom to provide services – National rules imposing an obligation of professional secrecy on persons engaged in professional activities in the banking sector – Reference for a preliminary ruling to determine whether legislation of another Member State is compatible with Community law – Serious dispute as to the content of relevant legal provisions – Inadmissibility))
((Action for annulment of Commission Decision C (2000) 485 final – Inward processing – Lack of equivalence between processed products and compensating products – Repayment or remission of import duties))
((Directive 75/442/EEC, as amended by Directive 91/156/EEC and Decision 96/350/EC – Directive 94/62/EC – Concept of waste – Concept of recycling – Treatment of metal-bearing packaging waste))
((Interpretation of Article 38(1) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part – Free movement of workers – Restriction on the number of non-Community professional players per team in the league of a sports association (handball)))
((EAGGF – Clearance of accounts – Regulation (EEC) No 729/70 – Regulation (EEC) No 2080/92 – Regulation (EEC) No 1258/1999 – Afforestation aid – Concept of private-law legal person – Principle of the protection of legitimate expectations – Principle of cooperation in good faith))
((Transport – Regional passenger transport services – State aid – Subsidies to offset the cost of pubic service obligations))
((Appeal – Jurisdiction – Cement – Procedure before the Commission – Access to the file – Limited access – Full access during the proceedings before the Court of First Instance – Persons responsible – Requirements to be satisfied for a transfer of responsibility – Fines – Principles governing the imposition of fines – Imposition of fines in cases of collective behaviour – Time-barring of the infringement))
Opinion of Mr Advocate General Tizzano delivered on 20 June 2002. - Commission of the European Communities v Ireland. - Failure by a Member State to fulfil its obligations - Failure to implement Directive 1999/28/EC. - Case C-328/01.



European Court reports 2002 Page I-08827



Opinion of the Advocate-General

1. By application lodged at the Court Registry on 30 August 2001, the Commission of the European Communities brought an action under Article 226 EC for a declaration that, by failing to adopt the laws, regulations or administrative provisions necessary to comply with Commission Directive 1999/28/EC of 21 April 1999 amending Council Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation (OJ 1999 L 118, p. 53) or, in any event, by failing to inform the Commission of those measures, Ireland had failed to fulfil its obligations under that Directive.

2. Article 2(1) of Directive 1999/28 requires the Member States to bring into force the laws, regulations and administrative provisions necessary to comply with that directive by 1 September 1999 at the latest and to inform the Commission thereof forthwith. In its defence, Ireland conceded that it had not yet fulfilled the obligations incumbent upon it under that directive, contenting itself with the statement that it would shortly be adopting the necessary implementation measures.

3. Since it is not denied that, on the expiry of the period prescribed in the reasoned opinion, the infringement alleged by the Commission subsisted, I consider that this action must be allowed and that, as the applicant has applied for costs, Ireland must be order to pay them.

Conclusion

4. I therefore propose that the Court should:

(1) declare that, by failing to adopt the laws, regulations or administrative provisions necessary to comply with Commission Directive 1999/28/EC of 21 April 1999 amending the Annex to Council Directive 92/14/EEC on the limitation of the operation of aeroplanes covered by Part II, Chapter 2, Volume 1 of Annex 16 to the Convention on International Civil Aviation or, in any event, by failing to inform the Commission of those measures, Ireland has failed to fulfil its obligations under that Directive;

(2) order Ireland to pay the costs.
((Failure by a Member State to fulfil its obligations – Directive 92/43/EEC – Conservation of natural habitats and of wild fauna and flora))
10.

It must be recalled, however, that it is settled case-law that the question whether a Member State has failed to fulfil its obligations must be determined by reference to the end of the period laid down in the reasoned opinion and that taking subsequent measures is irrelevant in that context. ( 4 ) In this case, the defendant does not dispute that no implementing measures had been taken before the expiry of that timelimit. It even concedes that, at the date of the lodging of the defence, transposition had still not taken place.
((Failure to fulfil obligations – Directive 92/49/EEC – Freedom to set premiums – Abolition of prior approval or systematic notification of premiums and contracts – Gathering of information))
((Failure by a Member State to fulfil obligations – Directive 86/609/EEC – Protection of animals used for experiments and other scientific purposes – Incomplete transposition))
((Failure by a Member State to fulfil its obligations – Sixth VAT Directive – Article 12(3)(a) and (b) – Supply of natural gas and electricity – Reduced tariff – Fixed charge for connection to the supply network (standing charge)))
((Failure of a Member State to fulfil obligations – Directive 79/409/EEC – Conservation of wild birds))
((Failure by a Member State to fulfil its Treaty obligations – Article 4d of Commission Directive 90/388/EEC of 28 June 1990 on competition in the markets for telecommunications services, as amended by Commission Directive 96/19/EC of 13 March 1996 – Failure to apply the Community rule relating to the non-discriminatory grant of rights of way to operators of telecommunications networks))
((Brussels Convention – Scope – Concept of civil and commercial matters – Concept of customs matters – Action for payment of customs debts – Action brought on the basis of a guarantee contract))
((Interpretation of Article 79 of the Conditions of Employment of Other Servants of the European Communities and of Article 9 of the Staff Regulations of Officials of the European Communities – Application of national rules on labour relations in the workplace with respect to local staff serving in a representation of an institution of the Communities in a Member State))
((Sixth VAT Directive – Special scheme for travel agents – Agent's margin – Total amount to be paid by the traveller – Concept))
((Failure to fulfil obligations – Free movement of goods – National legislation exhaustively listing the limited number of vitamins and minerals which can be added to foodstuffs – Measure having equivalent effect – Justification – Protection of public health – Nutritional need – Proportionality))
((Reference for a preliminary ruling from the Verwaltungsgerichtshof – Interpretation of Article 17 of Sixth Council Directive 77/388/EC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes – Common system of value added tax: uniform basis of assessment – National legislation under which the own consumption resulting from the use in the Member State concerned of vehicles leased in another Member State is subject to VAT where the undertaking is entitled, in the Member State of the lessor, to deduct the input tax paid))
((EEC-Turkey Association – Interpretation of Article 41(1) of the Additional Protocol and Article 13 of Decision No 1/80 of the Association Council – Abolition of restrictions on the freedom of movement of workers, on the freedom of establishment and on the freedom to provide services – Standstill clause – Scope – New legislation requiring a work permit in the international road transport sector))
((Directive 77/187/EEC – Transfers of undertakings – Scope – Replacement of undertaking providing services by another undertaking for performance of same tasks (catering) – Transfer of assets made available by contracting authority – Refusal of new contractor to take over staff and assets))
((Brussels Convention – Special rules of jurisdiction – Article 5(2) – Maintenance – Action for recovery brought by a public body of a Contracting State subrogated to the maintenance creditor))
((Public supply contracts – Directive 93/36/EEC – Award criterion giving preference to electricity from renewable energy sources – Admissibility – Directive 89/665/EEC – Review proceedings – Unlawful decisions – Possibility of setting aside only in the case of significant effect on the outcome of the award procedure – Illegality of an award criterion – Obligation to cancel the invitation to tender))
((Common organisation of the markets in the sugar sector – Export licence for C sugar – Proof of export – Correction of licence – Principle of proportionality – Penalty))
(State aid – Partial exemption from mineral levies for crops grown under glass or on substrate – Justification by reason of the nature and general scheme of the system – None)
(Free movement of workers – Importation of a private motor vehicle – Tax on the fuel consumption of motor vehicles – Customs duties and equivalent charges – Discriminatory tax charges – Turnover taxes – Sixth VAT Directive)
(Directive 84/253/EEC – Articles 11 and 15 – Persons responsible for carrying out the audits of accounting documents – Approval – Examination of professional competence)
((Failure of a Member State to fulfil its obligations – Failure to transpose Directive 98/8/EC))
((Directive 89/104/EEC – Limitation of the effects of a trade mark in relation to indications of geographic origin – Use of an indication of geographical origin as a trade mark – Observations of honest practices in industrial or commercial matters))
((Free movement of goods – Measures having equivalent effect – Procedures for detention under customs control – Goods in transit intended for the market of a non-member country – Spare parts for motor cars))
(Freedom of movement for persons – Workers – Jobseeker's allowance – Residence condition – Citizenship of the Union)
(Interpretation of Article 2(2) of Council Decision 2000/766/EC of 4 December 2000 concerning certain protection measures with regard to transmissible spongiform encephalopathies and the feeding of animal protein – Fish flour used in the production of feedstuffs for animals other than ruminants – Accidental presence of unforeseen and unauthorised substances – Mammalian bone fragments present in very small quantities – Complete destruction of that fish flour – Proportionality of the sanction)
(Foodstuffs – Labelling and presentation – Use of references to health, to slimming effects and to recommendations, certificates or medical opinions)
(Directive 76/308/EEC – Mutual assistance for the recovery of customs duties – Application to claims which arose prior to entry into force of the directive)
8704

Motor vehicles for the transport of goods:
10. (a)

Employment contracts between the ECB and its members of staff shall take the form of letters of appointment which shall be countersigned by members of staff. The letters of appointment shall specify the terms of employment as required by Council Directive 91/533/EEC of 14 October 1991 …’.
(Directive 96/9/EC – Databases – Legal protection – Sui generis right – Beneficiaries – Substantial investment – Obtaining, verification and presentation of the contents of a database – Substantial part of the contents of a database – Extraction and re-utilisation – Sport – Betting)
(Statutory retirement pension – Qualifying period – Consideration of insurance periods at home and abroad – Insurance periods which have the effect merely of increasing, not establishing entitlement – Consideration of periods in which unemployed workers over 52 years of age received a special unemployment allowance – Request for a preliminary ruling devoid of purpose)
(Social policy Equal treatment - Directive 76/207 - Access to employment - Provisions reserving to widows who have not remarried the benefit of an exemption from the age limit to enter the administration)
(Free movement for workers – Article 39 EC – Community officials – Early retirement pension – Reckoning of periods of employment with the European Community – National legislation – Refusal – Article 10 EC – Staff Regulations – Lawfulness)
(Sixth VAT Directive – Exemptions – Leasing and letting of immovable property – Meaning of leasing of immovable property – Licence for the use of a building without allocation of a specific area, granted by a company to three other companies in the same group, for a price determined by reference to the size of the area occupied, and the turnover and number of employees of each company)
(Eurojust – Calls for applications – Admissibility of an action against a European Union body – Article 35 EU – Professional requirements – Languages to be used by the institutions of the Union)
(Directive 98/59/EC – Collective redundancies – ‘Redundancy’ – Obligations to consult workers’ representatives and to notify the competent public authority – Scope)
(Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts – Scope – Derogation under Article 3(2) – Car hire as a contract for the provision of transport services)
(Brussels Convention of 1968 – Article 12 – Jurisdiction in insurance matters – Choice of jurisdiction clause – Whether effective against third-party insured)