Case C-50/02: Action brought on 19 February 2002 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, rail transport, transport of dangerous goods, transport safety

6.4.2002

EN

Official Journal of the European Communities

C 84/53

Terza Sezione (Rome District Court, Third Employment
Chamber) of 24 January 2002, received at the Court Registry
on 8 February 2002, for a preliminary ruling in the case of
Sante Pasquini against INPS (Istituto Nazionale della Previdenza
Sociale [National Social Welfare Institution]) on the following
questions:

Is a provision of national law, which provides, without any
time-limit and thus, in breach of the principle of legal certainty,
for the recovery of an undue payment arising from the
application of Community legislation, compatible with the
objectives of Council Regulations No 1408/71 (1) and
574/72 (2)?

Are the Community provisions cited in (1) to be interpreted as
precluding the application of a provision of national law which
does not lay down time-limits for the recovery of undue
payments arising from the belated or improper application of
the relevant Community provisions?

Is it possible, given that the transitional rules for the application
of the social security regulations provide for a time-limit of
two years in which to claim, with retrospective effect, the
rights conferred by those regulations, to apply a contrario the
same time-limit of two years from notification of recovery of
undue payment in cases of reduction of rights previously
conferred, except where more favourable time-limits are laid
down by national law, and provided that the person concerned
is not guilty of improper conduct?

(1) OJ, English Special Edition 1971 (II), p. 416.
(2) OJ, English Special Edition 1972 (I), p. 159.

The applicant claims that the Court should:

— Declare that, by not adopting the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 1999/48/EC(1) of 21 May 1999
adapting for the second time to technical progress
Council Directive 96/49/EC (2) on the approximation of
the laws of the Member States with regard to the transport
of dangerous goods by rail or in any event by not
notifying the same to the Commission, the Italian Repub-
lic has failed to fulfil its obligations under that directive;

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 189 of the EC Treaty (now 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 July 1999
without the Italian Republic having adopted the provisions
necessary to comply with the directive referred to in the
Commission’s claim.

(1) OJ 1999 L 169, p. 58.
(2) OJ 1996 L 235, p. 25.

Action brought on 19 February 2002 by the Commission
of the European Communities against the Italian Republic

(2002/C 84/94)

Removal from the register of Case C-18/99 (1)

(Case C-50/02)

(2002/C 84/93)

By order of 6 November 2001 the President of the Fourth
Chamber of the Court of Justice of the European Communities
ordered the removal
from the register of Case C-18/99:
Commission of the European Communities v Aiolika Parka
Siteias AE.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 19 February
2002 by the Commission of the European Communities,
represented by M. Wolfcarius and R. Amorosi, acting as
Agents.

(1) OJ C 86 of 27.3.1999.