Judgment of the Court (Fifth Chamber) of 24 January 2002 in Case C-372/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 93/13/CEE — Unfair terms in contracts concluded with consumers — Means to prevent the use of those clauses)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, competition, consumer protection, contract

6.4.2002

EN

Official Journal of the European Communities

C 84/9

Notwithstanding what is provided in Article 6(3) of the Agreement
on Social Policy, a provision such as Article L. 12(b) of the French
Civil and Military Retirement Pensions Code infringes the principle
of equal pay inasmuch as it excludes male civil servants who are able
to prove that they assumed the task of bringing up their children
from entitlement to the credit which it introduces for the calculation
of retirement pensions.

1. Declares that, by failing to adopt the measures necessary to
transpose in full Article 7(3) of Council Directive 93/13/CEE
of 5 December 1993 on unfair terms in consumer contracts,
the Italian Republic has failed to fulfil its obligations under the
Directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 366 of 18.12.1999.

(1) OJ C 352 of 4.12.1999.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 24 January 2002

(Fifth Chamber)

of 6 December 2001

in Case C-372/99: Commission of the European Communi-
ties v Italian Republic (1)

in Case C-373/99: Hellenic Republic v Commission of the
European Communities (1)

(Failure by a Member State to fulfil its obligations —
Directive 93/13/CEE — Unfair terms in contracts concluded
with consumers — Means to prevent the use of those clauses)

(EAGGF — Clearance of accounts — 1995 financial year
— Fruit and vegetables — Arable crops)

(2002/C 84/15)

(Language of the case: Italian)

(2002/C 84/16)

(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-372/99, Commission of the European Communities
initially
(agent: P. Stancanelli) v Italian Republic (agents:
U. Leanza, assisted by P.G. Ferri and, subsequently, U. Leanza,
assisted by G. de Bellis): Application for a declaration that, by
failing to adopt the measures necessary to:

— apply the provisions of Council Directive 93/13/EEC of
5 April 1993 on unfair terms in consumer contracts (OJ
1993 L 95, p. 29) to all contracts concluded between
consumers and sellers or suppliers;

— transpose the third sentence of Article 5 of that directive,

and

In Case C-373/99: Hellenic Republic (Agents: V. Kontolaimos
and I.-K. Chalkias) v Commission of the European Communi-
ties (Agent: M. Condou-Durande) — application for partial
annulment of Commission Decision 1999/596/EC of 28 July
1999 amending Decision 1999/187/EC on the clearance of
the accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 1999
L 226, p. 26) — the Court (Fifth Chamber), composed of:
P. Jann, President of the Chamber, S. von Bahr, D.A.O. Edward,
A. La Pergola and L. Sevo´ n (Rapporteur), Judges; A. Tizzano,
Advocate General; L. Hewlett, Administrator, for the Registrar,
has given a judgment on 6 December 2001, in which it:

— transpose in full Articles 6(2) and 7(3) of that directive,
its obligations

the Italian Republic has failed to fulfil
under that directive,

1. Dismisses the application;

2. Orders the Hellenic Republic to pay the costs.

the Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, D.A.O. Edward and A. La Pergola,
Judges, Advocate General: S. Alber, Registrar: R. Grass, has
given a judgment on 24 January 2001, in which it has ruled:

(1) OJ C 6 of 8.1.2000.