Case C-28/02: Action brought on 31 January 2002 by the Commission of the European Communities against the Kingdom of Spain
Date: 2002-03-16
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, consumer information, energy consumption, motor car

16.3.2002

EN

Official Journal of the European Communities

C 68/9

— Order the Italian Republic to pay the costs.

Action brought on 31 January 2002 by the Commission
of the European Communities against the Kingdom of
Spain

Pleas in law and main arguments

Article 249 EC, which provides that a directive is to be binding
as to the result to be achieved on each Member State to which
it is addressed, implies an obligation that the Member States
comply with the time-limits for transposition prescribed by
directives. In the present case the prescribed period expired on
18 January 2001 without the Italian Republic having adopted
the provisions necessary to comply with the directive referred
to in the form of order sought by the Commission.

(Case C-28/02)

(2002/C 68/18)

Action brought on 31 January 2002 by the Kingdom of
Spain against the Council of the European Communities

(Case C-26/02)

(2002/C 68/17)

An action against the Council of the European Communities
was brought before the Court of Justice of the European
Communities on 31 January 2002 by the Kingdom of Spain,
represented by R. Silva de Lapuerta, acting as Agent, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— annul the point relating to anchovies referred to in note
(2) to the item relating to stocks of ‘Anchovy; Zones: IX,
X, CECAF 34.1.1’ (EC waters) contained in Annex ID to
Council Regulation (EC) No 2555/2001 (1) of 18 Decem-
ber 2001 fixing for 2002 the fishing opportunities and
associated conditions for certain fish stocks and groups
of fish stocks, applicable in Community waters and, for
Community vessels, in waters where limitations in catch
are required; and

— order the defendant institution to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those in
Case C-22/01 (2).

(1) OJ L 347 of 31.12.2001, p. 1.
(2) OJ C 79, 10.3.2001, p. 18.

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 31 Janu-
ary 2002 by the Commission of the European Communities,
represented by Gregorio Valero Jordana, of its Legal Service,
acting as Agent, with an address for service in Luxembourg at
the office of Luis Escobar Guerrero, also of the Commission’s
Legal Service, Wagner Centre, Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to bring into force the laws,
regulations and administrative provisions needed in order
to comply with Directive 1999/94/EC(1) of the European
Parliament and of the Council of 13 December 1999
relating to the availability of consumer information on
fuel economy and CO2 emissions in respect of the
marketing of new passenger cars, or, in any event, by
failing to have informed the Commission of any such
laws,
the
regulations or administrative provisions,
Kingdom of Spain has failed to fulfil its obligations under
that Directive;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

Under Article 12 of Directive 1999/94/EC, the Kingdom of
Spain should have brought into force the measures necessary
to comply with the Directive by 18 January 2001 and should
have informed the Commission thereof.

(1) OJ L 12, 18.1.2000, p. 16.