Case C-21/02: Action brought on 29 January 2002 by the Commission of the European Communities against the Italian Republic
Date: 2002-03-16
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, environmental protection, motor fuel, motor vehicle

C 68/8

EN

Official Journal of the European Communities

16.3.2002

Action brought on 28 January 2002 by the Commission
of the European Communities against the Italian Republic

The applicant claims that the Court should:

(Case C-17/02)

(2002/C 68/14)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 28 january
2002 by the Commission of the European Communities,
represented by L. Pignatora and S. Rating, acting as Agents.

The applicant claims that the Court should:

— Declare that, by not having notified the laws, regulations
and administrative provisions necessary to comply with
the provisions of Commission Directive 99/64/EC
amending Commission Directive 90/388/EEC, or not
having adopted the measures necessary to comply with
the same, the Italian Republic has failed to fulfil
its
obligations under that directive;

— Order the Italian Republic to pay the costs.

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
30 April 2000 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.

Action brought on 29 January 2002 by the Commission
of the European Communities against the Italian Republic

(Case C-21/02)

(2002/C 68/15)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 29 January
2002 by the Commission of the European Communities,
represented by G. Valero Jordana and R. Amorosi, acting as
Agents.

— Declare that, by not adopting the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2000/71/EC to adapt
the
measuring methods as laid down in Annexes I, II, III and
IV to Directive 98/70/EC of the European Parliament and
to technical progress as foreseen in
of
Article 10 of that Directive (OJ 2000 L 287, p. 46) or in
any event by not notifying the same to the Commission,
the Italian Republic has failed to fulfil its obligations
under Article 2 of that directive;

the Council

— Order the Italian Republic to pay the costs.

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
1 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.

Action brought on 29 January 2002 by the Commission
of the European Communities against the Italian Republic

(Case C-22/02)

(2002/C 68/16)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 29 January
2002 by the Commission of the European Communities,
represented by G. Valero Jordana and R. Amorosi, acting as
Agents.

The applicant claims that the Court should:

— Declare that, by not adopting the laws, regulations
and administrative provisions necessary to comply with
Directive 1999/94/EC 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 (OJ 2000 L 12, p. 16) or in any event by
not notifying the same to the Commission, the Italian
Republic has failed to fulfil its obligations under Article 12
of that directive;