Judgment of the Court (Fourth Chamber) of 6 December 2001 in Case C-148/00: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 98/51/EC)
Date: 2002-04-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, agricultural policy, foodstuff

6.4.2002

EN

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),

C 84/24

EN

Official Journal of the European Communities

6.4.2002

— Council Directive 97/76/EC of 16 December 1997
amending Directive 77/99/EEC and Directive 72/462/EEC
with regard to the rules applicable to minced meat, meat
preparations and certain other products of animal origin
(OJ 1998 L 10, p. 25), and

— Commission Directive 98/51/EC of 9 July 1998 laying
down certain measures for implementing Council Direc-
tive 95/69/EC laying down the conditions and arrange-
ments for approving and registering certain establish-
ments and intermediaries operating in the animal feed
sector (OJ 1998 L 208, p. 43),

the Italian Republic has failed to fulfil its obligations under the
Treaty and those directives — the Court (Fourth Chamber),
composed of: S. von Bahr, President of the Chamber, A. La
Pergola and C.W.A. Timmermans (Rapporteur), Judges; P. Lé-
ger, Advocate General; R. Grass, Registrar, has given a
judgment on 6 December 2001, in which it:

1. Declares that, by not bringing into force, within the prescribed
period, the laws, regulations and administrative provisions
necessary to comply with Commission Directive 98/51/EC of
9 July 1998 laying down certain measures for implementing
Council Directive 95/69/EC laying down the conditions and
arrangements for approving and registering certain establish-
ments and intermediaries operating in the animal feed sector,
the Italian Republic has failed to fulfil its obligations under
that directive.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 176 of 24.6.2000.

G. Kanellopoulos, C. Tsiavou and D. Tsagkaraki) — application
for a declaration that, by not bringing into force 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),

— Council Directive 97/76/EC of 16 December 1997
amending Directive 77/99/EEC and Directive 72/462/EEC
with regard to the rules applicable to minced meat, meat
preparations and certain other products of animal origin
(OJ 1998 L 10, p. 25),

— Commission Directive 98/51/EC of 9 July 1998 laying
down certain measures for implementing Council Direc-
tive 95/69/EC laying down the conditions and arrange-
ments for approving and registering certain establish-
ments and intermediaries operating in the animal feed
sector (OJ 1998 L 208, p. 43), and

— Commission Directive 98/67/EC of 7 September 1998
82/475/EEC,
amending
91/357/EEC and Council Directive 96/25/EC and
repealing Directive 92/87/EEC (OJ 1998 L 261, p. 10),

80/511/EEC,

Directives

JUDGMENT OF THE COURT

(Fourth Chamber)

of 6 December 2001

in Case C-166/00: Commission of the European Communi-
ties v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directives 97/41/EC, 98/51/EC and 98/67/EC)

(2002/C 84/38)

(Language of the case: Greek)

within the periods laid down by those directives, the Hellenic
its obligations under the said
Republic has failed to fulfil
directives — the Court
(Fourth Chamber), composed of:
S. von Bahr, President of the Chamber, A. La Pergola and
C.W.A. Timmermans (Rapporteur), Judges; P. Léger, Advocate
General; R. Grass, Registrar, has given a judgment on 6 Decem-
ber 2001, in which it:

1. Declares that, by not bringing into force, within the prescribed
period, the laws, regulations and administrative provisions
necessary to comply with:

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

In Case C-166/00: Commission of the European Communities
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:

— 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,