Judgment of the Court (Fifth Chamber) 15 January 2002 in Case C-439/99: Commission of the European Communities v Italian Republic (Failure to fulfil obligations — Infringement of Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) — Retention of certain national and regional rules regarding trade fairs, markets and exhibitions)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, freedom to provide services, trade event

6.4.2002

EN

Official Journal of the European Communities

C 84/13

JUDGMENT OF THE COURT

(Fifth Chamber)

15 January 2002

in Case C-439/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure to fulfil obligations — Infringement of Articles 52
and 59 of the EC Treaty (now, after amendment, Articles 43
EC and 49 EC) — Retention of certain national and regional
rules regarding trade fairs, markets and exhibitions)

(2002/C 84/21)

(Language of the case: Italian)

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

In Case C-439/99, Commission of the European Communities
(Agents: E. Traversa and M. Patakia, assisted by A. Cevese) v
Italian Republic (Agent: U. Leanza, assisted by D. Del Gaizo):
application for a declaration that

— by retaining the following provisions:

— Article 2, first paragraph, and Article 7 of Royal

Decree-Law No 454 of 29 January 1934;

— Article 2, first paragraph, of Presidential Decree

No 7 of 15 January 1972;

— Article 2, paragraphs 4, 6 and 7, of Presidential

Decree No 390 of 18 April 1994;

— Article 4 of Regional Law No 40 of Liguria of 14 July

1978;

— Article 6, paragraph 1(e), (f), (g) and (h), Article 6,
paragraph 4, and Article 7 of Regional Law No 35
of Veneto of 2 August 1988;

— Article 2, sixth paragraph, Article 4, first indent,
Article 6, third and fourth paragraphs and Article 10,
third paragraph, (a), of Regional Law No 16 of the
Marches of 12 March 1979;

— Article 4, Article 5, sixth paragraph (a) and (c),
Article 6, first paragraph, Article 8, first and second
first paragraph, of
paragraphs, and Article 16,
Regional Law No 43 of Emilia-Romagna of 26 May
1980;

— Article 4, paragraph 1(c), Article 4, paragraph 2, and
Article 15, paragraph 3, of Regional Law No 45 of
Lombardy of 29 April 1980;

— Article 3, Article 4 and Article 8, last paragraph, of
Regional Law No 10 of Friuli Venezia Giulia of
23 February 1981;

— Article 2, last paragraph, and Article 6 of Regional
Law No 75 of Abruzzo of 13 November 1980, and

— Article 3, Article 5, Article 6, third and fourth
paragraphs, Article 12 and Article 19, first para-
graph, of Provincial Law No 35 of the Autonomous
Province of Trento of 2 September 1978,

the Italian Republic has failed to fulfil its obligations under
Article 59 of the EC Treaty (now, after amendment, Article 49
EC), Article 60 of
the EC Treaty (now Article 50 EC),
Articles 61, 63 and 64 of the EC Treaty (now, after amendment,
Articles 51 EC, 52 EC and 53 EC) and Articles 65 and 66 of
the EC Treaty (now Articles 54 EC and 55 EC), and that

— by retaining the following provisions:

— Article 3 of Presidential Decree No 7 of 15 January

1972;

— Article 2(c) and (d), Article 3, first paragraph, (b)
and (c), and Article 5, first paragraph, (a), of Regional
Law No 12 of Liguria of 3 November 1972;

— Article 8, paragraph 1(d) of Regional Law No 35 of

Veneto of 2 August 1988;

— Article 6, third paragraph, points 3 and 4, Article 7,
Article 8, second paragraph, and Article 11, first
paragraph, of Regional Law No 43 of Emilia-
Romagna of 26 May 1980;

— Article 5, paragraphs 2 and 5, Article 10, para-
graph 4, Article 11, paragraphs 2 and 3, and
Article 15, paragraph 1, of Regional Law No 45 of
Lombardy of 29 April 1980;

— Article 5, Article 13, Article 14 and Article 15, first
paragraph, (a), of Regional Law No 10 of Friuli
Venezia Giulia of 23 February 1981;

— Article 7 of Regional Law No 75 of Abruzzo of

13 November 1980, and

C 84/14

EN

Official Journal of the European Communities

6.4.2002

— Articles 6, 7 and 23 of Provincial Law No 35 of the
Autonomous Province of Trento of 2 September
1978,

the Italian Republic has failed to fulfil its obligations under
Articles 59 to 61 and 63 to 66 of the Treaty and under
Articles 52 and 54 of the EC Treaty (now, after amendment,
Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now
Article 45 EC), Articles 56 and 57 of the EC Treaty (now, after
amendment, Articles 46 EC and 47 EC) and Article 58 of the
EC Treaty (now Article 48 EC),

THE COURT (Fifth Chamber), composed of: P. Jann, President
of the Chamber, S. von Bahr (Rapporteur), A. La Pergola,
L. Sevo´ n and M. Wathelet, Judges, Advocate General: S. Alber,
Registrar: R. Grass, has given a judgment on 15 January 2002,
in which it:

1. Declares that by retaining the following provisions:

— Article 2, first paragraph, and Article 7 of Royal Decree

No 454 of 29 January 1934;

— Article 3 of Presidential Decree No 7 of 15 January

1972;

— Article 2(c) and (d), Article 3, first paragraph, (b) and (c),
and Article 5, first paragraph, (a), of Regional Law
No 12 of Liguria of 3 November 1972;

— Article 8, paragraph 1(d), of Regional Law No 35 of

Veneto of 2 August 1988;

— Article 8,

second paragraph, and Article 11,

first
paragraph, of Regional Law No 43 of Emilia-Romagna
of 26 May 1980, and

— Articles 5, 13, 14 and 15,

first paragraph, (a), of
Regional Law No 10 of Friuli Veneto Giulia of 23 Febru-
ary 1981,

the Italian Republic has failed to fulfil its obligations under
Articles 59 to 61 and 63 to 66 of the Treaty and under
Articles 52 and 54 of the EC Treaty (now, after amendment,
Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now
Article 45 EC), Articles 56 and 57 of the EC Treaty (now,
after amendment, Articles 46 EC and 47 EC) and Article 58
of the EC Treaty (now Article 48 EC);

— Article 2, first paragraph, of Presidential Decree No 7 of

3. Dismisses the remainder of the action;

15 January 1972;

4. Orders the Italian Republic to pay the costs.

— Article 2, paragraphs 4, 6 and 7, of Presidential Decree

No 390 of 18 April 1994;

(1) OJ C 47 of 19.2.2000.

— Article 4 of Regional Law No 40 of Liguria of 14 July

1978;

— Article 6, paragraph 1(e), (f) and (h), and Article 7 of
Regional Law No 35 of Veneto of 2 August 1988;

— Article 4, Article 5, sixth paragraph, (a) and (c), Article 6,
first paragraph, Article 8, first and second paragraphs,
and Article 16, first paragraph, of Regional Law No 43
of Emilia-Romagna of 26 May 1980;

JUDGMENT OF THE COURT

(Second Chamber)

24 January 2002

in Case C-466/99: Commission of the European Communi-
ties v Italian Republic (1)

— Article 4, paragraph 1(c) and paragraph 2, and
Article 15, paragraph 3, of Regional Law No 45 of
Lombardy of 29 April 1980;

(Failure by a Member State to fulfil its obligations —
Environment — Waste — Directives 75/442/EEC,
91/689/EEC and 94/62/EC — Waste management plans)

— Articles 3, 4 and 8, last paragraph, of Regional Law
No 10 of Friuli Veneto Giulia of 23 February 1981, and

— Articles 3, 5 and 12 of Provincial Law No 35 of the

Autonomous Province of Trento of 2 September 1978,

the Italian Republic has failed to fulfil its obligations under
Article 59 of the EC Treaty (now, after amendment, Article 49
the EC Treaty (now Article 50 EC),
EC), Article 60 of
Articles 61, 63 and 64 of
the EC Treaty (now, after
amendment, Articles 51 EC, 52 EC and 53 EC) and Articles 65
and 66 of the EC Treaty (now Articles 54 EC and 55 EC);

2. Declares that by retaining the following provisions:

(2002/C 84/22)

(Language of the case: Italian)

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

In Case C-466/99, Commission of the European Communities
(agents: L. Ström and G. Bisogni) v Italian Republic (agent:
U. Leanza, assisted by P. G. Ferri): Application for a declaration
that, by not
forwarding to the Commission information
concerning plans for the management and disposal of waste,
hazardous waste, packaging and packaging waste, the Italian
Republic has failed to fulfil its obligations under Article 7 of