Case C-210/01: Action brought on 22 May 2001 by the Commission of the European Communities against the Italian Republic
Date: 2001-07-28
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, energy consumption, labelling, lighting equipment

28.7.2001

EN

Official Journal of the European Communities

C 212/15

3.

If Question 2 is answered in the negative: Is it contrary to
Article 48 of the EC Treaty if an EC official living in
Luxembourg who is deemed to be resident in Germany
and pays contributions in Luxembourg to the statutory
pension insurance scheme for a household help is not
entitled to deduct
special expenditure under Para-
graph 10(1)(8) of the Einkommensteuergesetz?

4.

If Question 3 is answered in the affirmative: May the
principles developed in the judgment in Case C-112/91
Werner [1993] ECR I-429 be applied to the present case?

their transposition. That time-limit expired on 15 June 1999
without the Italian Republic having brought into force the
necessary provisions in order to comply with the directive
referred to in the Commission’s application.

(1) OJ L 71, 10.3.1998, p. 1.

Action brought on 22 May 2001 by the Commission of
the European Communities against the Italian Republic

(Case C-210/01)

(2001/C 212/25)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 22 May
2001 by the Commission of the European Communities,
represented by Hans Støvlbæk and Roberto Amorosi, acting as
Agents.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with Com-
mission Directive 98/11/EC of 27 January 1998
implementing Council Directive 92/75/EEC with regard
to energy labelling of household lamps (1) or,
in any
event, by failing to forward them to the Commission, the
Italian Republic failed to fulfil its obligations under that
directive; and

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

Under Article 249 of the EC Treaty, according to which a
directive is to be binding, as to the result to be achieved, upon
each Member State to which it is addressed, Member States are
required to observe the time-limits laid down in directives for

Action brought on 23 May 2001 by Commission of the
European Communities against Council of the European
Union

(Case C-211/01)

(2001/C 212/26)

An action against Council of the European Union was brought
before the Court of Justice of the European Communities on
23 May 2001 by the Commission of the European Communi-
ties, represented by M. Wolfcarius, acting as Agent, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— annul the Council decisions of 19 March 2001 concern-
ing the conclusion of the agreement between the Euro-
pean Community and Bulgaria and Hungary (1) on trans-
port inasmuch as they are based on Article 93 EC whereas
the necessary and sufficient legal basis is Article 71 EC;

— maintain the effects of those agreements until the Council

adopts new measures;

— order the Council to pay the costs.

Pleas in law and main arguments

The proper legal basis for the adoption of the transport
agreements referred to is Article 71 EC, the only basis required
by the primary objective of the said instruments. The fiscal
element must form an integral part of those agreements
because it is involved in the objective of implementing the
common transport policy. Its role is to ensure that the system
of reciprocal authorisations, created under the agreements, is
run in a non-discriminatory manner.

The concurrent use of Article 93 EC as a legal basis is precluded
by the fact that Article 71 requires only qualified majority
voting in the Council, whereas Article 93 requires unanimity.
Admittedly, the problem regarding consultation of the Euro-
pean Parliament has not arisen in practice in light of
Article 300(3) which governs the conclusion of international
agreements. Nevertheless the possibility remains since the