Judgment of the court (Second Chamber) 7 March 2002 in Case C-29/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 96/61/EC)
Date: 2002-05-18
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, pollution control measures, prevention of pollution, waste management

18.5.2002

EN

Official Journal of the European Communities

C 118/15

JUDGMENT OF THE COURT

2. Orders the Italian Republic to pay the costs.

(Fourth Chamber)

(1) OJ C 355 of 9.12.2000.

7 March 2002

in Case C-365/00: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 76/768/EEC — Provision of national law concern-
ing the information that must be given on the packaging of
cosmetic products — Natural or artificial origin of perfume
essences or fragrances contained in cosmetic products)

JUDGMENT OF THE COURT

(Second Chamber)

7 March 2002

(2002/C 118/22)

(Language of the case: Italian)

in Case C-29/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 96/61/EC)

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

In Case C-365/00, Commission of the European Communities
(agents: R. B. Wainwright and R. Amorosi) v Italian Republic
(agent: U. Leanza, assisted by I. M. Braguglia): Application for
a declaration that, by having enacted and maintained in force
Article 28 of Law No 128 of 24 April 1998 making provision
for the implementation of obligations resulting from Italy’s
membership of the European Communities — Community
Law 1995-1997, which makes it a requirement that the labels
of cosmetic products state whether the perfume essences or
fragrances contained in them are of natural or artificial origin,
the Italian Republic has failed to fulfil its obligations under
Council Directive 76/768/EEC of 27 July 1976 on the
approximation of the laws of the Member States relating to
cosmetic products (OJ 1976 L 262, p. 169), as amended by
Council Directive 93/35/EEC of 14 June 1993 (OJ 1993
L 151, p. 32), and, in particular, under the third subparagraph
of Article 6(1)(g) thereof, the Court (Fourth Chamber), compo-
sed of: S. von Bahr, President of the Chamber, D.A.O. Edward
(Rapporteur) and A. La Pergola, Judges; D. Ruiz-Jarabo Colom-
er, Advocate General; R. Grass, Registrar, has given a judgment
on 7 March 2002, in which it:

1. Declares that, by having enacted and maintained in force
Article 28 of Law No 128 of 24 April 1998 making provision
for the implementation of obligations resulting from Italy’s
membership of the European Communities — Community Law
1995-1997, which makes it a requirement that the labels of
cosmetic products state whether the perfume essences or fra-
grances contained in them are of natural or artificial origin, the
Italian Republic has failed to fulfil its obligations under the
third subparagraph of Article 6(1)(g) of Council Directive 76/
768/EEC of 27 July 1976 on the approximation of the laws
of the Member States relating to cosmetic products, as amended
by Council Directive 93/35/EEC of 14 June 1993;

(2002/C 118/23)

(Language of the case: Spanish)

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

In Case C-29/01, Commission of the European Communities
(agent: G. Valero Jordana) v Kingdom of Spain (agent:
M. Lo´ pez-Monı´s Gallego): Application for a declaration that,
by failing to adopt the laws, regulations and administrative
measures necessary in order to comply with Council Directive
96/61/EC of 24 September 1996 concerning integrated pol-
lution prevention and control (OJ 1996 L 257, p. 26), or, in
any event, by failing to communicate the same to the
Commission, the Kingdom of Spain has failed to fulfil
its
obligations under that directive, the Court (Second Chamber),
composed of: N. Colneric, President of
the Chamber,
R. Schintgen (Rapporteur) and V. Skouris, Judges; C. Stix-
Hackl, Advocate General; R. Grass, Registrar, has given a
judgment on 7 March 2002, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative measures necessary in order to comply with
Council Directive 96/61/EC of 24 September 1996 concerning
integrated pollution prevention and control, the Kingdom of
Spain has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 61 of 24.2.2001.