Case C-458/01: Action brought on 29 November 2001 by the Commission of the European Communities against the Italian Republic
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, egg, import, poultry

6.4.2002

EN

Official Journal of the European Communities

C 84/41

The applicant claims that the Court should:

Pleas in law and main arguments

— partially annul the judgment of the Court of First Instance
of the European Communities of 19 September 2001 in
Case T-336/999, served on 1 October 2001;

annul the decision of the Third Board of Appeal of the
Office for Harmonisation in the Internal Market of
21 September 1999 in Case R 71/1999-3 relating to
Community trade mark application number 703 231;

— order the Office for Harmonisation in the Internal Market

to pay the costs of the proceedings.

Article 249 EC (formerly Article 189 of the EC Treaty), which
provides that a directive is binding, as to the result to be
achieved, on the Member State to which it is addressed, entails
an obligation on the Member States to adhere to the time-
limits for implementation laid down in directives. That time-
limit expired on 1 July 2000 before the Italian Republic had
taken the necessary measures to comply with the directive
which is the subject of the Commission’s claims.

Pleas in law and main arguments

The same as in Case C-456/01P.

(1) Not yet published in the court reports.

Action brought on 29 November 2001 by the Com-
mission of the European Communities against the Italian
Republic

(Case C-458/01)

(2002/C 84/71)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 29 Novem-
ber 2001 by the Commission of the European Communities,
represented by Chiara Cattabriga and Arnaud Bordes, acting as
Agents.

The applicant claims that the Court should:

— declare that by failing to adopt within the prescribed
period the laws, regulations and administrative provisions
necessary to comply with Council Directive 1999/90/EC
of 15 November 1999 amending Directive 90/539/EEC
on animal health conditions governing intra-Community
trade in and imports from third countries of poultry and
hatching eggs the Italian Republic has failed to fulfil its
obligations under the EC Treaty;

Action brought on 29 November 2001 by the Com-
mission of the European Communities against Ireland

(Case C-459/01)

(2002/C 84/72)

An action against Ireland was brought before the Court of
Justice of the European Communities on 29 November 2001
by the Commission of the European Communities, represented
by Christopher Docksey and Karen Banks, acting as agents,
with an address for service in Luxembourg.

The Applicant requests that the Court should:

1.

declare that by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
European Parliament and Council Directive 95/46/EC of
24 October 1995 concerning the protection of individ-
uals with regard to the processing of personal data and
on the free movement of such data (1) and European
Parliament and Council Directive 97/66/EC of 15 Decem-
ber 1997 concerning the processing of personal data and
the protection of privacy in the telecommunications
sector (2), or,
in any event, by failing to inform the
Commission of those measures, Ireland has failed to fulfil
its obligations under the said Directives, and

2.

order Ireland to pay the costs of this action.

Pleas in law and main arguments

— order the Italian Republic to pay the costs.

Article 249 EC, under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by