Judgment of the Court of 18 January 2001 in Case C-361/98: Italian Republic v Commission of the European Communities (Council Regulation (EEC) No 2408/92 — Application for annulment of Commission Decision 98/710/EC — Distribution of air traffic between the airports of Milan — "Malpensa 2000")
Date: 2001-05-19
Institutions: Court of Justice
Subjects: European Commission, Italy, action for annulment (EU), air traffic, freedom to provide services, power of decision

C 150/4

EN

Official Journal of the European Communities

19.5.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 18 January 2001

of 11 January 2001

in Case C-361/98: Italian Republic v Commission of the
European Communities (1)

in Case C-370/99: Commission of the European Communi-
ties v Ireland (1)

(Failure of a Member State to fulfil
its obligations —
Directive 96/9/EC — Failure to implement within the
prescribed period)

(2001/C 150/06)

(Language of the case: English)

(Council Regulation (EEC) No 2408/92 — Application for
annulment of Commission Decision 98/710/EC — Distri-
bution of air traffic between the airports of Milan —
‘Malpensa 2000’)

(2001/C 150/07)

(Language of the case: Italian)

In Case C-370/99: Commission of the European Communities
(Agents: K. Banks and M. Desantes) v Ireland (Agents:
M.A. Buckley) — application for a declaration that, by failing
to adopt the laws, regulations and administrative provisions
necessary to comply with Directive 96/9/EC of the European
Parliament and of the Council of 11 March 1996 on the legal
protection of databases (OJ 1996 L 77, p. 20), Ireland has
failed to fulfil its obligations under that directive — the Court
(First Chamber), composed of: M. Wathelet, President of the
Chamber, P. Jann and L. Sevo´ n (Rapporteur), Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment
on 11 January 2001, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
96/9/EC of the European Parliament and of the Council of
11 March 1996 on the legal protection of databases, Ireland
has failed to fulfil its obligations under that directive;

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

In Case C-361/98: Italian Republic (Agents: U. Leanza, assisted
by I.M. Braguglia and P.G. Ferri) v Commission of
the
European Communities (Agents: F. Benyon and L. Pignataro)
— application for annulment of Commission Decision
98/710/EC of 16 September 1998 on a procedure relating to
the application of Council Regulation (EEC) No 2408/92
(Case VII/AMA/11/98 — Italian traffic distribution rules for
the airport system of Milan) (OJ 1998 L 337, p. 42) —
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
C. Gulmann, A. La Pergola, M. Wathelet and V. Skouris
(Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet,
P. Jann, L. Sevo´ n, R. Schintgen and F. Macken (Rapporteur),
Judges; G. Cosmas, Advocate General; H. von Holstein, Deputy
Registrar, for the Registrar, has given a judgment on 18 January
2001, in which it:

1. Dismisses the application;

2. Orders Ireland to pay the costs.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 352 of 4.12.1999.

(1) OJ C 378 of 5.12.1998.