Judgment of the Court (Third Chamber) of 7 December 2000 in Case C-423/99: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 98/10/EC)
Date: 2001-04-21
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, competition, telecommunications, telephone

C 118/4

EN

Official Journal of the European Communities

21.4.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 7 December 2000

(Third Chamber)

of 7 December 2000

in Case C-395/99: Commission of the European Communi-
ties v Italian Republic (1)

in Case C-423/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directives 96/51/EC and 96/93/EC — Failure to transpose
directives within the prescribed periods)

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 98/10/EC)

(2001/C 118/06)

(Language of the case: Italian)

(2001/C 118/07)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-395/99: Commission of the European Communities
(Agent: F.P. Ruggeri Laderchi) v Italian Republic (Agents:
U. Leanza, assisted by P.G. Ferri) — application for a declar-
ation that, by not adopting or, in any event, not communicat-
ing the laws, regulations and administrative provisions necess-
ary to comply with Council Directive 96/51/EC of 23 July
1996 amending Directive 70/524/EEC concerning additives in
feedingstuffs (OJ 1996 L 235, p. 39) and with Council
Directive 96/93/EC of 17 December 1996 on the certification
of animals and animal products (OJ 1997 L 13, p. 28), the
Italian Republic has failed to fulfil its obligations under the EC
Treaty and those directives — the Court (First Chamber),
composed of: M. Wathelet, President of the Chamber, P. Jann
(Rapporteur) and L. Sevo´ n, Judges; S. Alber, Advocate General;
R. Grass, Registrar, has given a judgment on 7 December
2000, in which it:

1. Declares that, by not adopting within the prescribed periods the
laws, regulations and administrative provisions necessary to
comply with the provisions referred to in Article 2(1)(a) of
Council Directive 96/51/EC of 23 July 1996 amending
Directive 70/524/EEC concerning additives in feedingstuffs,
and with the provisions of Council Directive 96/93/EC of
17 December 1996 on the certification of animals and animal
products, the Italian Republic has failed to fulfil its obligations
under those provisions;

2. Orders the Italian Republic to pay the costs.

In Case C-423/99: Commission of the European Communities
(Agents: C. Schmidt and G. Bisogni) v Italian Republic (Agents:
U. Leanza and I.M. Braguglia) — application for a declaration
that, by not adopting or, in any event, by not communicating
to the Commission the laws, regulations and administrative
provisions necessary to comply with Directive 98/10/EC of
the European Parliament and of the Council of 26 February
1998 on the application of open network provision (ONP) to
voice telephony and on universal service for telecommuni-
cations in a competitive environment (OJ 1998 L 101, p. 24),
the Italian Republic has failed to fulfil its obligations under
that directive — the Court (Third Chamber), composed of:
C. Gulmann (Rapporteur), President of
the Chamber,
J.-P Puissochet and F. Macken, Judges; G. Cosmas, Advocate
General; R. Grass, Registrar, has given a judgment on 7 Decem-
ber 2000, in which it:

1. Declares that, by not adopting, within the time-limit laid down,
the laws, regulations and administrative provisions necessary to
comply with Directive 98/10/EC of the European Parliament
and of the Council of 26 February 1998 on the application of
open network provision (ONP) to voice telephony and on
in a competitive
universal
its
environment,
obligations under that directive;

the Italian Republic has failed to fulfil

telecommunications

service for

2. Orders the Italian Republic to pay the costs.

(1) OJ C 352 of 4.12.1999.

(1) OJ C 20 of 22.1.2000.