Judgment of the Court (First Chamber) 30 May 2002 in Case C-441/00: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Directive 96/48/EC — Interoperability of the trans-European high-speed rail system)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, high-speed transport, rail transport

C 169/10

EN

Official Journal of the European Communities

13.7.2002

(OJ 1997 L 10, p. 13) and, in particular, Article 11 thereof, the
Federal Republic of Germany has failed to fulfil its obligations
under the EC Treaty, the Court (Second Chamber), composed
of: N. Colneric, President of
the Chamber, R. Schintgen
(Rapporteur) and V. Skouris, Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment
on 14 May 2002, in which it:

1. Declares that, by failing to take, within the prescribed period,
all the measures necessary to comply with Council Directive 96/
82/EC of 9 December 1996 on the control of major-accident
hazards involving dangerous substances, the Federal Republic
of Germany has failed to fulfil
its obligations under that
directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 372 of 23.12.2000.

JUDGMENT OF THE COURT

(Second Chamber)

16 May 2002

composed of: N. Colneric, President of
the Chamber,
R. Schintgen and V. Skouris (Rapporteur), Judges; F.G. Jacobs,
Advocate General; R. Grass, Registrar, has given a judgment
on 16 May 2002, in which it has ruled:

The words ‘producers ... who have received the holding through ...
similar means’ in the second indent of the second subparagraph of
Article 3a(1) of Council Regulation (EEC) No 857/84 of 31 March
1984 adopting general rules for the application of the levy referred
to in Article 5c of Regulation (EEC) No 804/68 in the milk and
milk products sector, as amended by Council Regulation (EEC)
No 1639/91 of 13 June 1991, must be interpreted as meaning that
they refer to a producer who is the spouse of the designated heir and
to whom the holding has been let on conditions more favourable than
market
the non-marketing
following the expiry of
undertaking entered into by the lessor (the deviser) under Council
Regulation (EEC) No 1078/77 of 17 May 1977 introducing a
system of premiums for the non-marketing of milk and milk products
and for the conversion of dairy herds, provided that it follows from
all the elements of fact and of law which characterise the letting that:

conditions,

— the main intention of the arrangement is that the holding
should continue to be exploited for the benefit of the designated
heir and not that the market value of the holding should be
realised by the deviser, and that

— the terms of the legal relations between the parties to the
contract are such that the advantage which the deviser intends
to confer on his heir is guaranteed in the long term, even if the
spouses should separate or the marriage be dissolved.

in Case C-384/00 (Reference for a preliminary ruling from
the Niedersächsisches Oberverwaltungsgericht): Heinrich
Bredemeier v Landwirtschaftskammer Hannover (1)

(1) OJ C 372 of 23.12.2000.

(Common agricultural policy — Milk quota scheme — Grant
of a special reference quantity — Beneficiaries — Producers
who take over a holding by similar means to inheritance
after the expiry of the non-marketing undertaking entered
into by their predecessors — Interpretation of Article 3a of
Regulation (EEC) No 857/84, as amended by Regulation
(EEC) No 1639/91)

(2002/C 169/16)

(Language of the case: German)

JUDGMENT OF THE COURT

(First Chamber)

30 May 2002

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

in Case C-441/00: Commission of the European Communi-
ties v United Kingdom of Great Britain and Northern
Ireland (1)

In Case C-384/00: Reference to the Court under Article 234
EC by the Niedersächsisches Oberverwaltungsgericht (Ger-
many) for a preliminary ruling in the proceedings pending
before that court between Heinrich Bredemeier and Landwirts-
chaftskammer Hannover, joined parties: Wilhelm Wieggrebe
and Irmtraut Bredemeier, on the interpretation of Article 3a(1)
of Council Regulation (EEC) No 857/84 of 31 March 1984
adopting general rules for the application of the levy referred
to in Article 5c of Regulation (EEC) No 804/68 in the milk and
milk products sector (OJ 1984 L 90, p. 13), as amended by
Council Regulation (EEC) No 1639/91 of 13 June 1991
(Second Chamber),
(OJ 1991 L 150, p. 35),

the Court

(Failure by a Member State to fulfil its obligations —
Directive 96/48/EC — Interoperability of the trans-Euro-
pean high-speed rail system)

(2002/C 169/17)

(Language of the case: English)

In Case C-441/00, Commission of the European Communities
(Agent: M. Wolfcarius) v United Kingdom of Great Britain and

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