Judgment of the Court (Third Chamber) 30 May 2002 in Case C-323/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 98/101/EC — Batteries and accumulators containing certain dangerous substances)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to act, electricity storage device, waste disposal, waste management

13.7.2002

EN

Official Journal of the European Communities

C 169/11

Northern Ireland (Agent: R. Magrill, assisted by R. Anderson,
barrister): Application for a declaration that, by failing to adopt
the laws, regulations and administrative provisions necessary
to comply with Council Directive 96/48/EC of 23 July 1996
on the interoperability of the trans-European high-speed rail
system (OJ 1996 L 235, p. 6), the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obligations
under that directive, the Court (First Chamber), composed of:
P. Jann, President of the Chamber, M. Wathelet and A. Rosas
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 30 May 2002, in
which it:

1. Declares that, by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
comply with Council Directive 96/48/EC of 23 July 1996 on
the trans-European high-speed rail
the interoperability of
system, the United Kingdom of Great Britain and Northern
Ireland has failed to fulfil its obligations under that directive;

2. Orders the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 28 of 27.1.2001.

di ordinamento della professione di guida alpina (Framework
Law for the profession of ski monitor and supplementary
provisions relating to the regulation of the profession of
mountain guide) of 8 March 1991 (GURI No 64 of 16 March
1991, p. 3), which makes recognition of a ski-monitor diploma
subject to a condition of reciprocity, the Italian Republic has
failed to fulfil its obligations under Council Directive 92/51/
EEC of 18 June 1992 on a second general system for
the recognition of professional education and training to
supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25), the
Court (Fourth Chamber), composed of: S. von Bahr, President
of the Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Tim-
mermans, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 16 May 2002, in
which it:

1. Declares that, by maintaining in force the first paragraph of
Article 12 of Law No 81, Legge-quadro per la professione di
maestro di sci e ulteriori disposizioni in materia di ordinamento
della professione di guida alpina (Framework Law for the
profession of ski monitor and supplementary provisions relating
to the regulation of the profession of mountain guide) of
8 March 1991, which makes recognition of a ski-monitor
diploma subject
the Italian
Republic has failed to fulfil
its obligations under Council
Directive 92/51/EEC of 18 June 1992 on a second general
system for the recognition of professional education and training
to supplement Directive 89/48/EEC;

to a condition of reciprocity,

2. Orders the Italian Republic to pay the costs.

JUDGMENT OF THE COURT

(1) OJ C 150 of 19.5.2001.

(Fourth Chamber)

16 May 2002

in Case C-142/01: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 92/51/EEC — System for the recognition of
professional education and training — Ski monitor)

(2002/C 169/18)

(Language of the case: Italian)

JUDGMENT OF THE COURT

(Third Chamber)

30 May 2002

in Case C-323/01: Commission of the European Communi-
ties v Italian Republic (1)

(Failure by a Member State to fulfil its obligations —
Directive 98/101/EC — Batteries and accumulators contain-
ing certain dangerous substances)

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

(2002/C 169/19)

(Language of the case: Italian)

In Case C-142/01, Commission of the European Communities
(Agents: M. Patakia and A. Aresu) v Italian Republic (Agent:
U. Leanza, assisted by G. Aiello, avvocato dello Stato): Appli-
cation for a declaration that, by maintaining in force the first
paragraph of Article 12 of Law No 81, Legge-quadro per la
professione di maestro di sci e ulteriori disposizioni in materia

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

In Case C-323/01, Commission of the European Communities
(Agents: R. Wainwright and R. Amorosi) v Italian Republic
(Agent: U. Leanza, assisted by M. Fiorilli): Application for a

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: