Judgment of the Court (First Chamber) 16 May 2002 in Case C-372/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, chemical product, labelling, marketing

C 169/12

EN

Official Journal of the European Communities

13.7.2002

declaration that, by failing to adopt the laws, regulations and
adminstrative provisions necessary to comply with Com-
mission Directive 98/101/EC of 22 December 1998 adapting
to technical progress Council Directive 91/157/EEC on batter-
ies and accumulators containing certain dangerous substances
(OJ 1999 L 1, p. 1) or, in any event, by failing to inform the
Commission thereof, Italy has failed to fulfil its obligations
under that directive, the Court (Third Chamber), composed of:
F. Macken, President of the Chamber, C. Gulmann (Rapporteur)
and J.-P. Puissochet, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, has given a judgment on 30 May
2002, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Commission
Directive 98/101/EC of 22 December 1998 adapting to
technical progress Council Directive 91/157/EEC on batteries
and accumulators containing certain dangerous substances, the
Italian Republic has failed to fulfil
its obligations under
Directive 98/101;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 317 of 10.11.2001.

Commission, the Grand Duchy of Luxembourg has failed to
fulfil
its obligations under that directive, the Court (First
Chamber), composed of: P. Jann, President of the Chamber,
M. Wathelet (Rapporteur), and A. Rosas, Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 May 2002, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative measures necessary in
order to comply with Directive 98/8/EC of the European
Parliament and of the Council of 16 February 1998 concerning
the placing of biocidal products on the market, the Grand
Duchy of Luxembourg has failed to fulfil its obligations under
that directive.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 317 of 10.11.2001.

JUDGMENT OF THE COURT

(First Chamber)

16 May 2002

in Case C-372/01: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/8/EC)

(2002/C 169/20)

(Language of the case: French)

JUDGMENT OF THE COURT

(First Chamber)

30 May 2002

in Case C-376/01: Commission of the European Communi-
ties v Ireland (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/8/EC)

(2002/C 169/21)

(Language of the case: English)

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

In Case C-372/01, Commission of the European Communities
(Agent: M. Nolin) v Grand Duchy of Luxembourg (Agent:
J. Faltz): Application for a declaration that, by failing to adopt
the laws, regulations and administrative provisions necessary
to comply with Directive 98/8/EC of the European Parliament
and of the Council of 16 February 1998 concerning the
placing of biocidal products on the market (OJ 1998 L 123,
p. 1) and, in any event, by failing to communicate them to the

In Case C-376/01, Commission of the European Communities
J. O’Hagan):
(Agent: R. Wainwright) v Ireland (Agent: D.
Application for a declaration that, by failing to adopt, by
14 May 2000, the laws, regulations and administrative pro-
visions necessary to comply with Directive 98/8/EC of the
European Parliament and of the Council of 16 February 1998
concerning the placing of biocidal products on the market
(OJ 1998 L 123, p. 1), or in any event by failing to inform the
Commission thereof, Ireland has failed to fulfil its obligations
under that directive, the Court (First Chamber), composed of:
P. Jann, President of the Chamber, M. Wathelet (Rapporteur)
and A. Rosas, Judges; J. Mischo, Advocate General; R. Grass,
Registrar, has given a judgment on 30 May 2002, in which it: