Judgment of the Court (Fourth Chamber) of 14 June 2001 in Case C-207/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Failure to implement Directive 97/36/EC amending Directive 89/552/EEC — Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities)
Date: 2001-07-28
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, approximation of laws, broadcasting, television

C 212/4

EN

Official Journal of the European Communities

28.7.2001

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 14 June 2001

(Fourth Chamber)

of 14 June 2001

in Case C-84/00: Commission of the European Communi-
ties v French Republic (1)

(Failure by a Member State to fulfil its obligations —
Article 30 of the EC Treaty (now, after amendment,
Article 28 EC) — Free movement of articles of precious
metal — Rules on acceptable standards of fineness)

(2001/C 212/06)

(Language of the case: French)

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

In Case C-84/00: Commission of the European Communities
(Agent: R. Wainwright) v French Republic (Agents: K. Rispal-
Bellanger and S. Seam) — application for a declaration that,
by failing to allow the marketing within France of articles of
precious metals which come from other Member States and
purport to have a standard of fineness of ‘999 parts per
thousand’, despite the fact that that standard is commonly
used in commercial practice, the French Republic has failed to
comply with its obligations under Article 30 of the EC Treaty
(now, after amendment, Article 28 EC) — the Court (Third
Chamber), composed of: C. Gulmann, President of the Chamb-
er, F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a
judgment on 14 June 2001, in which it:

1. Declares that, by failing to allow the marketing within France
of articles of precious metals which come from other Member
States and purport to have a standard of fineness of ‘999 parts
per thousand’, despite the fact that that standard is commonly
used in commercial practice, the French Republic has failed to
comply with its obligations under Article 30 of the EC Treaty
(now, after amendment, Article 28 EC);

2. Orders the French Republic to pay the costs.

(1) OJ C 163 of 10.6.2000.

in Case C-207/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Failure to implement Directive 97/36/EC amending Directive
89/552/EEC — Coordination of certain provisions laid down
by law, regulation or administrative action in Member States
concerning the pursuit of television broadcasting activities)

(2001/C 212/07)

(Language of the case: Italian)

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

In Case C-207/00: Commission of the European Communities
(Agents: K. Banks and L. Pignataro) v Italian Republic (Agent:
U. Leanza, assisted by I.M. Braguglia) — application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
97/36/EC of the European Parliament and of the Council of
30 June 1997 amending Council Directive 89/552/EEC on the
coordination of certain provisions laid down by law, regulation
or administrative action in Member States concerning the
pursuit of television broadcasting activities (OJ 1997 L 202,
p. 60), specifically Article 1(1) amending Article 1(c) of Council
Directive 89/552/EEC of 3 October 1989 on the coordination
of certain provisions laid down by law, regulation or adminis-
trative action in Member States concerning the pursuit of
television broadcasting activities (OJ 1989 L 298, p. 23);
Article 1(2) which replaces Article 2 of Directive 89/552 with
the exception of Article 2(3), (4), (5) and (6); Article 1(3) which
inserts Article 2a into Directive 89/552; Article 1(4) which
incorporates Article 3a(3) in Directive 89/552; Article 1(12),
which replaces Article 10 of Directive 89/552, with the
exception of Article 10(2); Article 1(14) which amends the
first sentence of Article 12 of Directive 89/552; Article 1(15)
which replaces Article 13 of Directive 89/552; and lastly
Article 1(18) which adds a paragraph 2 to Article 16 to
Directive 89/552, the Italian Republic has failed to fulfil its
obligations under that directive — the Court (Fourth Chamber),
composed of: A. La Pergola, President of
the Chamber,
D.A.O. Edward (Rapporteur) and S. von Bahr, Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment
on 14 June 2001, in which it:

28.7.2001

EN

Official Journal of the European Communities

C 212/5

inasmuch as it

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Articles 1(c), 2(1) and (2), 2a, 3a(3) and
10(1)(3) and (4), Article 12,
regulates
teleshopping, and Articles 13 and 16(2) of,Council Directive
89/552/EEC of 3 October 1989 on the coordination of certain
provisions laid down by law, regulation or administrative
action in Member States concerning the pursuit of television
broadcasting activities, as amended by Directive 97/36/EC of
the European Parliament and of the Council of 30 June 1997,
the Italian Republic has failed to fulfil its obligations under
that directive.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 211 of 22.7.2000.

JUDGMENT OF THE COURT

(Third Chamber)

of 14 June 2001

in Case C-230/00: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil its obligations —
Failure to implement Directives 75/442/EEC, 76/464/EEC,
80/68/EEC, 84/360/EEC and 85/337/EEC — Pollution and
nuisance — Waste — Dangerous substances — Pollution of
the aquatic environment — Air pollution)

(2001/C 212/08)

(Language of the case: Dutch)

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

In Case C-230/00: Commission of the European Communities
(Agent: H. van Lier, assisted by M.H. van der Woude and
T.E.M. Chellingsworth) v Kingdom of Belgium (Agent:
A. Snoecx) — application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions
necessary to implement fully the following:

— 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),

— Council Directive 76/464/EEC of 4 May 1976 on pol-
lution caused by certain dangerous substances discharged
into the aquatic environment of the Community (OJ
1976 L 129, p. 23),

— Council Directive 80/68/EEC of 17 December 1979 on
the protection of groundwater against pollution caused
by certain dangerous substances (OJ 1980 L 20, p. 43),

— Council Directive 84/360/EEC of 28 June1984 on the
combating of air pollution from industrial plants (OJ
1984 L 188, p. 20), and

— Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment (OJ 1985 L 175, p. 40),

the Kingdom of Belgium has failed to fulfil its obligations
under Articles 9 of Directive 75/442, 3, 4, 5 and 7 of Directive
76/464, 3, 4, 5, 7 and 10 of Directive 80/68, 3, 4, 9 and 10
of Directive 84/360, 2 and 8 of Directive 85/337 and
Article 189 of the EC Treaty (now Article 249 EC) — the
Court (Third Chamber), composed of: C. Gulmann, President
of the Chamber, J.-P. Puissochet and J.N. Cunha Rodrigues
(Rapporteur), Judges; J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 14 June 2001, in which it:

1. Declares that by failing to adopt the laws, regulations and
administrative provisions necessary to implement fully:

— Council Directive 75/442/EEC of 15 July 1975 on
waste, as amended by Council Directive 91/156/EEC of
18 March 1991,

— Council Directive 76/464/EEC of 4 May 1976 on
pollution caused by certain dangerous substances dis-
charged into the aquatic environment of the Community,

— Council Directive 80/68/EEC of 17 December 1979 on
the protection of groundwater against pollution caused by
certain dangerous substances,

— Council Directive 84/360/EEC of 28 June 1984 on the
combating of air pollution from industrial plants, and

— Council Directive 85/337/EEC of 27 June 1985 on the
assessment of the effects of certain public and private
projects on the environment,

the Kingdom of Belgium has failed to fulfil its obligations
under Articles 9 of Directive 75/442, as amended by Directive
91/156, 3, 4, 5, and 7 of Directive 76/464, 3, 4, 5, 7 and
10 of Directive 80/68, 3, 4, 9 and 10 of Directive 84/360
and 2 and 8 of Directive 85/337.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 233 of 12.8.2000.