Case C-348/02: Action brought on 28 September 2002 against the Italian Republic by the Commission of the European Communities
Date: 2002-11-23
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, industrial pollution, national implementing measure, organic chemical, pollution control measures, solvent

23.11.2002

EN

Official Journal of the European Communities

C 289/15

that the system has the influence which it is alleged to have on
the prevention of accidents; rather, it tends to encourage the
amicable settlement of small-scale damage claims.

( 1) Council Directive 92/49/EEC of 18 June 1992 on the coordination
of laws, regulations and administrative provisions relating to
direct insurance other than life assurance and amending Directives
73/239/EEC and 88/357/EEC (third non-life insurance Directive)
(OJ L 228 of 11.8.1992, p. 1).

Pleas in law and main arguments

The pleas in law and main arguments are similar to those in
Case C-346/02 (2).

(1) Council Directive 92/49/EEC of 18 June 1992 on the coordination
of laws, regulations and administrative provisions relating to
direct insurance other than life assurance and amending Directives
73/239/EEC and 88/357/EEC (third non-life insurance Directive)
(OJ L 228 of 11.8.1992, p. 1).
(2) See p. 14 of this Official Journal.

Action brought on 28 September 2002 against the Italian
Republic by the Commission of the European Communi-
ties

Action brought on 30 September 2002 by the Com-
mission of the European Communities against the French
Republic

(Case C-348/02)

(2002/C 289/25)

(Case C-347/02)

(2002/C 289/24)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 30 Septem-
ber 2002 by the Commission of the European Communities,
represented by C. Tufvesson and J.-F. Pasquier, acting as
Agents, with an address for service in Luxembourg.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 28 Septem-
ber 2002 by the Commission of the European Communities,
represented by G. Valero Jordana and R. Amorosi, acting as
Agents.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 1999/13/EC (1) of 11 March 1999 on
the limitation of emissions of volatile organic compounds
due to the use of organic solvents in certain activities and
installations, the Italian Republic has failed to fulfil its
obligations under Article 15 of that directive;

The Commission of the European Communities claims that
the Court should:

— order the Italian Republic to pay the costs.

— declare that, by introducing and maintaining in force a
system of bonuses and penalties having automatic and
compulsory repercussions on premium rates and apply-
ing to all motor insurance contracts concluded on French
territory, without any distinction being drawn between
insurance companies based in France and insurance
undertakings operating there through a branch or by the
provision of services, contrary to the principle of freedom
to set premium rates and elimination of prior or system-
atic controls on premium scales and contracts, as laid
down by Articles 6(3), 29 and 39 of Directive 92/49/
EEC (1),
its
obligations under that directive;

the French Republic has failed to fulfil

— order the French Republic to pay the costs.

Pleas in law and main arguments

Article 249 EC, according to which a directive is to be binding,
as to the result to be achieved, upon each Member State to
which it is addressed, means that Member States are obliged to
comply with time-limits for transposition laid down by
directives. Although the time-limit expired on 1 April 2001,
the Italian Republic had not enacted the provisions necessary
to comply with the directive referred to in the Commission’s
claim.

(1) OJ L 85 of 29.3.1999, p. 1.