Case C-76/02: Action brought on 5 March 2002 by the Commission of the European Communities against the Republic of Austria
Date: 2002-05-04
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, air quality, diesel fuel, environmental protection, motor fuel, product quality

4.5.2002

EN

Official Journal of the European Communities

C 109/37

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

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

(Case C-76/02)

(2002/C 109/62)

(Case C-87/02)

(2002/C 109/63)

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

The applicant claims that the Court should:

(1) declare that, by failing to adopt the laws, regulations and
administrative provisions necessary in order to comply
with Commission Directive 2000/71/EC of 7 November
2000 to adapt the measuring methods as laid down in
Annexes I, II, III and IV to Directive 98/70/EC of the
European Parliament and of the Council to technical
progress as foreseen in Article 10 of that Directive (1), or
at any rate to communicate the same to the Commission,
the Republic of Austria has failed to fulfil its obligations
under Article 2(1) of that directive;

(2) order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The binding nature of 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
such directives into national law so as to give full effect to
them before the expiry of the time-limit for transposition. The
time-limit prescribed in Article 2(1) of Directive 2000/71
expired on 1 January 2000 but the Republic of Austria has not
adopted the requisite provisions.

(1) OJ 2000 L 287, p. 46.

An action against the Italian 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 Michel Van Beek and Roberto Amorosi, acting
as Agents.

The applicant claims that the Court should:

— Declare that, by the failure of the Abruzzo regional
authority to check whether the plans for the construction
of a road to by-pass the city of Teramo (the ‘Lotto Zero’
project — an alternative to the SS 80 trunk road between
Termano and Giulianova), which fell within the scope of
Annex II to Directive 85/337/EEC (1), required to be
assessed for its effects on the environment, in accordance
with Articles 5 to 10 of the directive, the Italian Republic
has failed to fulfil its obligations under Article 4(2) of
Directive 85/337/EEC;

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 4(1) of the directive provides that projects of the classes
listed in Annex I are to be made subject to an assessment in
accordance with Articles 5 to 10. According to Article 4(2),
projects of the classes listed in Annex II are to be made subject
to an assessment, in accordance with Articles 5 to 10, where
Member States consider that their characteristics so require.
To that end, the Member States may inter alia specify certain
types of projects as being subject to an assessment or may
establish the criteria and/or thresholds necessary to determine
which of the projects of the classes listed in Annex II are to be
subject to an assessment in accordance with Articles 5 to 10.