Judgment of the Court (Sixth Chamber) 30 January 2002 in Case C-103/00: Commission of the European Communities v Hellenic Republic (Failure by a Member State to fulfil its obligations — Directive 92/43/EEC — Conservation of natural habitats and of wild fauna and flora — Protection of species)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, protection of animals, reptile

C 84/22

EN

Official Journal of the European Communities

6.4.2002

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

15 January 2002

in Case C-55/00 (Reference for a preliminary ruling from
the Tribunale ordinario di Roma): Elide Gottardo v
Istituto nazionale della previdenza sociale (INPS) (1)

(Reference for a preliminary ruling — Articles 12 EC and
39(2) EC — Old-age benefits — Social security convention
concluded between the Italian Republic and the Swiss
Confederation — Refusal to take account of periods of
insurance completed by a French national in Switzerland)

(Sixth Chamber)

30 January 2002

in Case C-103/00: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 92/43/EEC — Conservation of natural habitats
and of wild fauna and flora — Protection of species)

(2002/C 84/34)

(Language of the case: Italian)

(2002/C 84/35)

(Language of the case: Greek)

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

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

In Case C-55/00: reference to the Court under Article 234 EC
by the Tribunale ordinario di Roma (Italy) for a preliminary
ruling in the proceedings pending before that court between
Elide Gottardo and Istituto nazionale della previdenza sociale
(INPS) on the interpretation of Articles 12 EC and 39(2) EC,
the Court, composed of: G.C. Rodrı´guez Iglesias, President,
F. Macken and S. von Bahr (Presidents of Chambers), C. Gul-
mann, D.A.O. Edward (Rapporteur), A. La Pergola, L. Sevo´ n,
and
J.N. Cunha Rodrigues
M. Wathelet, V. Skouris,
C.W.A. Timmermans,
Judges, Advocate General: D. Ruiz-
Jarabo Colomer, Registrar: L. Hewlett, Administrator, has given
a judgment on 15 January 2002, in which it has ruled:

to

pursuant

obligations

their Community

The competent social security authorities of one Member State are
required,
under
Article 39 EC, to take account, for purposes of acquiring the right to
old-age benefits, of periods of insurance completed in a non-member
country by a national of a second Member State in circumstances
where, under identical conditions of contribution, those competent
authorities will take into account such periods where they have been
completed by nationals of the first Member State pursuant to a
bilateral international convention concluded between that Member
State and the non-member country.

(1) OJ C 122 of 29.4.2000.

In Case C-103/00, Commission of the European Communities
(Agents: R. Wainwright and P. Panayotopoulos) v Hellenic
Republic (Agents: A. Samoni-Rantou and P. Skandalou): Appli-
cation for a declaration that, by failing to adopt or, in the
alternative, to notify to the Commission, within the prescribed
time-limit, the requisite measures to establish and implement
an effective system of strict protection for the sea turtle Caretta
caretta on Zakinthos (Greece) so as to avoid any disturbance
of the species during its breeding period and any activity which
might bring about deterioration or destruction of its breeding
sites, the Hellenic Republic has failed to fulfil its obligations
under the EC Treaty and under Article 12(1)(b) and (d)
of Council Directive 92/43/EEC of 21 May 1992 on the
conservation of natural habitats and of wild fauna and flora
(OJ 1992 L 206, p. 7), the Court (Sixth Chamber), composed
of: F. Macken, President of the Chamber, C. Gulmann (Rappor-
teur), J.-P. Puissochet, R. Schintgen and J.N. Cunha Rodrigues,
Judges, Advocate General: P. Léger, Registrar: L. Hewlett,
Administrator, has given a judgment on 30 January 2002, in
which it:

1. Declares that by failing to take, within the prescribed time-
limit, the requisite measures to establish and implement an
effective system of strict protection for the sea turtle Caretta
caretta on Zakinthos so as to avoid any disturbance of the
species during its breeding period and any activity which might
bring about deterioration or destruction of its breeding sites, the
Hellenic Republic has failed to fulfil
its obligations under
Article 12(1)(b) and (d) of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of
wild fauna and flora;

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Official Journal of the European Communities

C 84/23

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 6 December 2001

in Case C-146/00: Commission of the European Communi-
ties v French Republic (1)

(Telecommunications — Financing of a ‘universal service’
— contribution from new market entrants)

1. Declares

that, by failing to comply with Article 4c of
Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services, as
amended by Commission Directive 96/19/EC of 13 March
1996, and by failing to comply with Article 5(1), (3), (4) and
(5) of Directive 97/33/EC of the European Parliament and
of
the Council of 30 June 1997 on interconnection in
Telecommunications with regard to ensuring universal service
and interoperability through application of the principles of
Open Network Provision (ONP), the French Republic has failed
to fulfil its obligations under those directives;

2. Orders the French Republic to pay the costs.

(1) OJ C 163 of 10.6.2000.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 6 December 2001

(2002/C 84/36)

(Language of the case: French)

in Case C-148/00: Commission of the European Communi-
ties v Italian Republic (1)

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

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 98/51/EC)

In Case C-146/00: Commission of the European Communities
(Agents: initially by B. Doherty and F. Siredey-Garnier, and,
subsequently, by E. Gippini Fournier and F. Siredey-Garnier) v
French Republic (Agents:
initially by K. Rispal-Bellanger,
F. Million and S. Pailler, and, subsequently, by G. de Bergues,
F. Million and S. Pailler) — application for a declaration that,
by failing to comply with Article 4c of Commission Directive
90/388/EEC of 28 June 1990 on competition in the markets
for telecommunications services (OJ 1990 L 192, p. 10), as
amended by Commission Directive 96/19/EC of 13 March
1996 (OJ 1996 L 74, p. 13), and by failing to comply with
Article 5(1), (3), (4) and (5) of Directive 97/33/EC of the
European Parliament and of the Council of 30 June 1997
on interconnection in Telecommunications with regard to
ensuring universal service and interoperability through appli-
cation of the principles of Open Network Provision (ONP) (OJ
1997 L 199, p. 32), the French Republic has failed to fulfil its
obligations under the EC Treaty and under those directives —
the Court (Sixth Chamber), composed of: F. Macken, President
of
the Chamber, N. Colneric, C. Gulmann (Rapporteur),
J.-P. Puissochet and J.N. Cunha Rodrigues, Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, has given a
judgment on 6 December 2001, in which it:

(2002/C 84/37)

(Language of the case: Italian)

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

In Case C-148/00: Commission of the European Communities
(Agents: initially S. Dragone and F. P. Ruggeri Laderchi, and
subsequently S. Dragone and L. Visaggio) v Italian Republic
(Agent: U. Leanza, assisted by G. De Bellis) — application for
a declaration that, by not adopting and, in any event, by
not notifying the Commission of the laws, regulations and
administrative provisions necessary to comply with:

— Council Directive 97/41/EC of 25 June 1997 amending
Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and
90/642/EEC relating to the fixing of maximum levels for
pesticide residues in and on, respectively,
fruit and
vegetables, cereals, foodstuffs of animal origin, and certain
products of plant origin, including fruit and vegetables
(OJ 1997 L 184, p. 33),