Judgment of the Court (First Chamber) 30 May 2002 in Case C-376/01: Commission of the European Communities v Ireland (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, Ireland, 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:

13.7.2002

EN

Official Journal of the European Communities

C 169/13

1. Declares that, by failing to adopt within the prescribed period
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, Ireland has failed to fulfil
its obligations under that directive;

1.

2.

The appeal is dismissed.

The parties to the appeal are to bear their own costs.

(1) OJ C 355 of 25.11.2000.

2. Orders Ireland to pay the costs.

(1) OJ C 317 of 10.11.2001.

ORDER OF THE COURT

of 13 March 2002

ORDER OF THE COURT

(Fourth Chamber)

of 2 May 2002

in Case C-43/01 P: Sandro Cognigni v Commission of the
European Communities (1)

in Case C-344/00 P: Michel Hendrickx v European Centre
for the Development of Vocational Training (Cedefop) (1)

(Appeal — Officials — Appeal manifestly unfounded)

(Appeal — Officials — Non-renewal of contract as a
member of the temporary staff — Rejection of application
for post — Admissibility — Competence — Legality of
vacancy notices)

(2002/C 169/23)

(Language of the case: Italian)

(2002/C 169/22)

(Language of the case: French)

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

In Case C-344/00 P: Michel Hendrickx, an official of the
Council of the European Union, residing in Brussels (Belgium),
represented by J.-N. Louis and V. Peere — appeal against the
judgment of the Court of First Instance of the European
Communities (Fifth Chamber) of 13 July 2000 in Case T-87/
99 Hendrickx v Cedefop [2000] ECR-SC I-A-147 and II-679,
seeking to have that judgment partially set aside, the other
party to the proceedings being the European Centre for the
Development of Vocational Training (Cedefop), represented
by B. Wägenbaur — the Court, composed of: G.C. Rodrı´guez
Iglesias, President, P. Jann, F. Macken, N. Colneric (Rapporteur)
and S. von Bahr, Presidents of Chambers, C. Gulmann,
D.A.O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,
R. Schintgen, V. Skouris, J.N. Cunha Rodrigues, C.W.A. Timm-
ermans and A. Rosas, Judges; A. Tizzano, Advocate General;
R. Grass, Registrar, has made an order on 13 March 2002, the
operative part of which is as follows:

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

In Case C-43/01 P: Sandro Cognigni, residing at Amandola
(Italy), represented by W. Massucci — appeal against the order
of the Court of First Instance of the European Communities
(First Chamber) of 30 November 2000 in Case T-314/00
Cognigni v Commission (not published in the European Court
Reports), seeking to have that order set aside, the other party
to the proceedings being the Commission of the European
Communities (Agent: J. Currall, assisted by A. Dal Ferro) —
(Fourth Chamber), composed of: S. von Bahr
the Court
(Rapporteur), President of the Chamber, D.A.O. Edward and
A. La Pergola, Judges; S. Alber, Advocate General; R. Grass,
Registrar, has made an order on 2 May 2002, the operative
part of which is as follows:

1.

The appeal is dismissed.

2. Mr Cognigni is to pay the costs.

(1) OJ C 95 of 24.3.2001.