Judgment of the Court (Fourth Chamber) 27 February 2002 in Case C-46/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Waste management — Directive 96/59/EC — Disposal of polychlorinated biphenyls and polychlorinated terphenyls)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, chemical product, waste disposal, waste management

C 109/14

EN

Official Journal of the European Communities

4.5.2002

and amending Directives 79/267/EEC and 90/619/EEC (third
life assurance Directive) (OJ 1992 L 360, p. 1) the Court (Sixth
Chamber), composed of: N. Colneric, President of the Second
Chamber, acting for the President of the Sixth Chamber,
C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha Rodrigues
(Rapporteur), Judges; F.G. Jacobs, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 5 March 2002, in which it has ruled:

in Articles 11 and 4(1) of Council Directive 96/59/EC of
16 September 1996 on the disposal of polychlorinated
biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ 1996
L 243, p. 31), the Italian Republic has failed to fulfil
its
obligations under those provisions, the Court (Fourth Chamb-
er), composed of: S. von Bahr, President of the Chamber,
D.A.O. Edward and C.W.A. Timmermans (Rapporteur), Judges;
P. Léger, Advocate General; R. Grass, Registrar, has given a
judgment on 27 February 2002, in which it:

Article 31(3) of Council Directive 92/96/EEC of 10 November
1992 on the coordination of laws, regulations and administrative
provisions relating to direct life assurance and amending Directives
79/267/EEC and 90/619/EEC (third life assurance Directive)
precludes national legislation which provides that a life-assurance
proposal, or in the absence of a proposal, a life-assurance policy must
inform the policy-holder that cancellation, reduction or surrender of
an existing life-assurance contract for the purpose of subscribing to
another life-assurance policy is generally detrimental to the policy-
holder.

(1) OJ C 355 of 9.12.2000.

1. Declares that, by failing to draw up and communicate to the
Commission of the European Communities, by 16 September
1999 at the latest, the summaries of inventories provided for
in Article 4(1) of Council Directive 96/59/EC of 16 September
1996 on the disposal of polychlorinated biphenyls and polych-
lorinated terphenyls (PCB/PCT) and the plans and outlines
provided for in Article 11 of the same directive, the Italian
Republic has
those
provisions.

its obligations under

failed to fulfil

2. Orders the Italian Republic to pay the costs.

(1) OJ C 108 of 7.4.2001.

JUDGMENT OF THE COURT

(Fourth Chamber)

27 February 2002

in Case C-46/01: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Waste management — Directive 96/59/EC — Disposal of
polychlorinated biphenyls and polychlorinated terphenyls)

(2002/C 109/22)

(Language of the case: Italian)

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

In Case C-46/01, Commission of the European Communities
(agents: H. Støvlbaek and R. Amorosi) v Italian Republic
(agent: U. Leanza, assisted by M. Fiorilli): Application for a
declaration that, by failing to draw up and communicate to
the Commission by 16 September 1999 the appropriate
plans, outlines and summaries of inventories provided for

JUDGMENT OF THE COURT

(Second Chamber)

27 February 2002

in Case C-140/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil its obligations —
Directive 98/18/EC — Transport by sea — Safety rules and
standards for passenger ships)

(2002/C 109/23)

(Language of the case: French)

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

In Case C-140/01, Commission of the European Communities
(Agent: B. Mongin) v Kingdom of Belgium (Agent: A. Snoecx):
Application for a declaration that, by failing to notify the
Commission of the laws, regulations and administrative pro-
visions necessary to comply with Council Directive 98/18/EC
of 17 March 1998 on safety rules and standards for passenger
ships (OJ 1998 L 144, p. 1), or to adopt the measures necessary
to comply therewith, the Kingdom of Belgium has failed to
fulfil its obligations under that directive and under the EC