Judgment of the Court (Second Chamber) of 4 July 2001 in Case C-447/99: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Regulation (EEC) No 2408/92 — Access for Community air carriers to intra-Community air routes — Departure tax)
Date: 2001-09-29
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, air transport, freedom to provide services, intra-EU transport

29.9.2001

EN

Official Journal of the European Communities

C 275/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Second Chamber)

of 4 July 2001

in Case C-447/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil
its obligations —
Article 59 of the EC Treaty (now, after amendment,
Article 49 EC) — Regulation (EEC) No 2408/92 — Access
for Community air carriers to intra-Community air routes
— Departure tax)

(2001/C 275/01)

(Language of the case: Italian)

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

In Case C-447/99: Commission of the European Communities
(Agents: F. Benyon and S. Dragone) v Italian Republic (Agent:
U. Leanza, assisted by I.M. Braguglia) — application for a
declaration that, by maintaining in force Article 3 of the
Decreto Ministeriale (Ministerial Decree) of 13 August 1998,
which brings into force Law No 537 of 24 December 1993, as
amended by Law No 662 of 23 December 1996, and which
provides for different departure taxes according to whether the
flight in question is domestic or intra-Community, the Italian
Republic has failed to fulfil its obligations under the combined
provisions of Article 59 of the EC Treaty (now, after amend-
ment, Article 49 EC) and Article 3(1) of Council Regulation
(EEC) No 2408/92 of 23 July 1992 on access for Community
air carriers to intra-Community air routes (OJ 1992 L 240,
p. 8) — the Court (Second Chamber), composed of: V. Skouris
(Rapporteur), President of the Chamber, R. Schintgen and
N. Colneric, Judges; S. Alber, Advocate General; R. Grass,
Registrar, has given a judgment on 4 July 2001, in which it:

1. Declares that, by maintaining in force Article 3 of the Decreto
Ministeriale of 13 August 1998, which brings into force Law
No 537 of 24 December 1993, as amended by Law No 662
of 23 December 1996, and which provides for different
departure taxes according to whether the flight in question is
domestic or intra-Community, the Italian Republic has failed
to fulfil its obligations under Article 59 of the EC Treaty (now,
after amendment, Article 49 EC) and Article 3(1) of Council
Regulation (EEC) No 2408/92 of 23 July 1992 on access for
Community air carriers to intra-Community air routes;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 34 of 5.2.2000.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 5 July 2001

in Case C-100/99: Italian Republic v Council of the
European Union (1)

(Common agricultural policy — Agrimonetary system for
the euro — Transitional measures for the introduction of the
euro)

(2001/C 275/02)

(Language of the case: Italian)

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

In Case C-100/99: Italian Republian (Agent: U. Leanza, assisted
by D. Del Gaizo) v Council of the European Union (Agents:
the
G. Maganza and I. Dı´ez Parra) and Commission of
European Communities (Agents: K.-D. Borchardt and F. Rug-
geri Laderchi) — application for annulment of: