Case C-74/02: Action brought on 5 March 2002 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2002-04-20
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, combustion gases, consumer information, energy consumption, motor car, motor fuel, motor vehicle pollution

20.4.2002

EN

Official Journal of the European Communities

C 97/9

Action brought on 5 March 2002 by the Commission of
the European Communities against the Federal Republic
of Germany

Action brought on 13 March 2002 by the Commission of
the European Communities against the French Republic

(Case C-74/02)

(2002/C 97/17)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 5 March 2002 by the Commission of the European
Communities, represented by Götz zur Hausen, Legal Adviser
in the Legal Service of the Commission of the European
Communities, with an address for service in Luxembourg at
the office of Luis Escobar Guerrero, of the Commission’s Legal
Service, C 254, Wagner Centre, Kirchberg.

The applicant claims that the Court should:

(1) declare that, by failing to adopt the laws, regulations and
administrative measures necessary in order to comply
with Directive 1999/94/EC of the European Parliament
and of the Council of 13 December 1999 relating to the
availability of consumer information on fuel economy
and CO2 emissions in respect of the marketing of new
passenger cars (1), or at any rate to notify the same to
the Commission, the Federal Republic of Germany has
infringed its obligations under Article 12(1) of
that
directive;

(Case C-85/02)

(2002/C 97/18)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 13 March
2002 by the Commission of the European Communities,
represented by M. Wolfcarius, acting as Agent, with an address
for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

(1) declare that, by failing to adopt the laws, regulations and
administrative measures necessary in order to transpose
point 12 in Annex II to Directive 91/439/EC of 29 July
1991 (1), or at any rate by failing to notify those measures
to the Commission, the French Republic has failed to
fulfil its obligations under that directive;

(2) order the French Republic to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case C-74/02; the time-limit for transposition
expired on 1 July 1996.

(2) order the Federal Republic of Germany to pay the costs.

(1) Council Directive 91/439/EEC of 29 July 1991 on driving licences

(OJ 1991 L 237, p. 1).

Pleas in law and main arguments

The mandatory nature of directives pursuant to the third
paragraph of Article 249 EC and the first paragraph of
Article 10 EC is such as to require Member States to whom
directives are addressed to transpose the provisions thereof
into national law so as to give full practical effect to them
before the expiry of the time-limit for transposition. The time-
limit prescribed in Article 12 of the directive expired on
18 January 2001.

(1) OJ 2000 L 12, p. 16.

Removal from the register of Case C-318/01 (1)

(2002/C 97/19)

By order of 22 October 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-318/01 (Reference for a preliminary
ruling by the Commissione Tributaria Provinciale di Roma):
Informatica e Telecomunicazioni
I & T SpA v Direzione
Regionale delle Entrate per il Lazio.

(1) OJ C 303 of 27.10.2001.