Judgment of the Court 19 March 2002 in Case C-13/00: Commission of the European Communities v Republic of Ireland (Failure by a Member State to fulfil its obligations — Failure to adhere within the prescribed period to the Berne Convention for the Protection of Literary and Artistic Works (Paris Act of 24 July 1971) — Failure to fulfil obligations under Article 228(7) of the EC Treaty (now, after amendment, Article 300(7) EC) in conjunction with Article 5 of Protocol 28 to the EEA Agreement)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, agreement (EU), international agreement, literary and artistic property

C 118/8

EN

Official Journal of the European Communities

18.5.2002

by the employer. That is so, however, only in so far, in particular, as
the said exception in favour of male officials is construed as allowing
those of them who take care of their children by themselves to have
access to that nursery places scheme on the same conditions as female
officials.

1. Dismisses the application;

2. Orders the Commission of the European Communities to bear
two thirds of the costs and the Italian Republic to bear one
third of the costs.

(1) OJ C 47 of 19.2.2000.

(1) OJ C 79 of 18.3.2000.

JUDGMENT OF THE COURT

19 March 2002

JUDGMENT OF THE COURT

(Fifth Chamber)

7 March 2002

in Case C-10/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Community own resources — Import from third countries of
goods destined for San Marino)

in Case C-13/00: Commission of the European Communi-
ties v Republic of Ireland (1)

(Failure by a Member State to fulfil its obligations —
Failure to adhere within the prescribed period to the Berne
Convention for the Protection of Literary and Artistic Works
(Paris Act of 24 July 1971) — Failure to fulfil obligations
under Article 228(7) of the EC Treaty (now, after amend-
ment, Article 300(7) EC) in conjunction with Article 5 of
Protocol 28 to the EEA Agreement)

(2002/C 118/11)

(2002/C 118/10)

(Language of the case: English)

(Language of the case: Italian)

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

In Case C-10/00, Commission of the European Communities
(Agents: E. Traversa and H. P. Hartvig) v Italian Republic
(Agent: U. Leanza, assisted by I. M. Braguglia): Application for
a declaration that, by not making available to the Commission
the sum of ITL 29 223 322 226 and by not paying default
interest on that amount from 1 January 1996, the Italian
Republic has failed to fulfil its obligations under the Com-
munity provisions relating to the Communities’ own resources,
the Court (Fifth Chamber), composed of: P. Jann, President
of the Chamber, A. La Pergola and C.W.A. Timmermans
(Rapporteur), Judges; F.G. Jacobs, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
7 March 2002, in which it:

In Case C-13/00, Commission of the European Communities,
represented by K. Banks and M. Desantes, acting as Agents,
with an address for service in Luxembourg, v Republic of
Ireland (Agent:
initially M.A. Buckley, and, subsequently,
D.J. O’Hagan), supported by United Kingdom of Great Britain
and Northern Ireland (Agent: G. Amodeo, assisted by M.
Hoskins, barrister): Application for a declaration that, by
failing to obtain its adherence before 1 January 1995 to the
Berne Convention for the Protection of Literary and Artistic
Works (Paris Act of 24 July 1971), Ireland has failed to fulfil
its obligations under Article 228(7) of the EC Treaty (now,
after amendment, Article 300(7) EC)
in conjunction with
Article 5 of Protocol 28 to the Agreement on the European
Economic Area of 2 May 1992 (OJ 1994 L 1, p. 3), the Court,
Jann,
composed of: G.C. Rodrı´guez Iglesias, President, P.
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), C. Gulmann, D.A.O. Edward,
J.-P. Puissochet
(Rapporteur), M. Wathelet, R. Schintgen, V. Skouris, J.N. Cunha
Rodrigues and C.W.A. Timmermans, Judges;J. Mischo, Advo-
cate General; R. Grass, Registrar, has given a judgment on
19 March 2002, in which it:

18.5.2002

EN

Official Journal of the European Communities

C 118/9

1. Dismisses the submissions of the United Kingdom of Great

Britain and Northern Ireland as intervener;

2. Declares that, by failing to obtain its adherence before 1 January
1995 to the Berne Convention for the Protection of Literary
and Artistic Works (Paris Act of 24 July 1971), Ireland has
its obligations under Article 228(7) of the
failed to fulfil
EC Treaty (now, after amendment, Article 300(7) EC) in
conjunction with Article 5 of Protocol 28 to the Agreement on
the European Economic Area of 2 May 1992;

3. Orders Ireland to pay the costs;

4. Orders the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

and Wales (Queen’s Bench Division, Crown Office)
(Case
C-27/00) and the High Court (Ireland) (Case C-122/00) for
preliminary rulings in the proceedings pending before those
courts between The Queen and Secretary of State for the
Environment, Transport and the Regions, ex parte Omega Air
Ltd (C-27/00), on the validity of Article 2(2) of Council
Regulation (EC) No 925/1999 of 29 April 1999 on the
registration and operation within the Community of certain
types of civil subsonic jet aeroplanes which have been modified
and recertificated as meeting the standards of volume I, Part II,
Chapter 3 of Annex 16 to the Convention on International
Civil Aviation, third edition (July 1993) (OJ 1999 L 115, p. 1,
and L 120, p. 47), the Court (), composed of: G.C. Rodrı´guez
Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
J.-P. Puissochet, M. Wathelet (Rapporteur), J.N. Cunha Rodri-
gues and C.W.A. Timmermans, Judges; S. Alber, Advocate
General; H.A. Rühl, Principal Administrator, for the Registrar,
has given a judgment on 12 March 2002, in which it has
ruled:

(1) OJ C 63 of 4.3.2000.

Consideration of the questions submitted has disclosed no factor such
as to affect the validity of Article 2(2) of Council Regulation (EC)
No 925/1999 of 29 April 1999 on the registration and operation
within the Community of certain types of civil subsonic jet aeroplanes
which have been modified and recertificated as meeting the standards
of volume I, Part II, Chapter 3 of Annex 16 to the Convention on
International Civil Aviation, third edition (July 1993).

(1) OJ C 102 of 8.4.2000.

JUDGMENT OF THE COURT

12 March 2002

in Joined Cases C-27/00 and C-122/00 (Reference for a
preliminary ruling from the — High Court of Justice
(England & Wales), Queen’s Bench Division (Crown
Office) (C-27/00), and — High Court (C-122/00)): The
Queen v Secretary of State for the Environment, Trans-
port and the Regions, ex parte Omega Air Ltd (C-27/00) (1)

(Regulation (EC) No 925/1999 — Noise emissions of
aeroplanes — Prohibition of re-engined aeroplanes with
engines with a by-pass ratio of less than 3 — Validity)

(2002/C 118/12)

(Language of the case: English)

In Joined Cases C-27/00 and C-122/00: Reference to the Court
under Article 234 EC by the High Court of Justice of England