Judgment of the Court (Third Chamber) of 15 October 2002 in Case C-328/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to implement Directive 1999/28/EC)
Date: 2002-12-07
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, air transport, civil aviation, technical standard

7.12.2002

EN

Official Journal of the European Communities

C 305/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 15 October 2002

(Third Chamber)

of 15 October 2002

in Case C-327/01: Commission of the European Communi-
ties v Ireland (1)

in Case C-328/01: Commission of the European Communi-
ties v Ireland (1)

(Failure by a Member State to fulfil its obligations — Failure
to implement Directive 98/20/EC)

(Failure by a Member State to fulfil its obligations — Failure
to implement Directive 1999/28/EC)

(2002/C 305/09)

(Language of the case: English)

(2002/C 305/10)

(Language of the case: English)

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

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

In Case C-327/01, Commission of the European Communities
(Agent: M. Huttunen) v Ireland (Agents: D.J. O’Hagan and
C. O’Rourke): Application for a declaration that, by failing
to adopt the laws, regulations or administrative provisions
necessary to comply with Council Directive 98/20/EC of
30 March 1998 amending Directive 92/14/EEC on the limi-
tation of the operation of aeroplanes covered by Part II,
Chapter 2, Volume 1 of Annex 16 to the Convention on
International Civil Aviation, second edition (1988) (OJ 1988
in any event, by failing to inform the
L 107, p. 4) or,
Commission of the adoption of those measures, Ireland has
failed to fulfil its obligations under that directive, the Court
(Third Chamber), composed of: J.-P. Puissochet (Rapporteur),
President of the Chamber, F. Macken and J.N. Cunha Rodrigues,
Judges; J. Mischo, Advocate General; R. Grass, Registrar, has
given a judgment on 15 October 2002, in which it:

In Case C-328/01, Commission of the European Communities
(Agent: M. Huttunen) v Ireland (Agents: D.J. O’Hagan and
C. O’Rourke): Application for a declaration that, by failing
to adopt the laws, regulations or administrative provisions
necessary to comply with Commission Directive 1999/28/EC
of 21 April 1999 amending the Annex to Council Directive
92/14/EEC on the limitation of the operation of aeroplanes
covered by Part II, Chapter 2, Volume 1 of Annex 16 to the
Convention on International Civil Aviation, second edition
(1988) (OJ 1999 L 118, p. 53) or, in any event, by failing to
inform the Commission of the adoption of those measures,
Ireland has failed to fulfil its obligations under that directive,
the Court (Third Chamber), composed of: J.-P. Puissochet
(Rapporteur), President of
the Chamber, F. Macken and
J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;
R. Grass, Registrar, has given a judgment on 15 October 2002,
in which it:

1. Declares that, by failing to adopt, within the prescribed
time-limit, the laws, regulations or administrative provisions
necessary to comply with Council Directive 98/20/EC of
30 March 1998 amending Directive 92/14/EEC on the
limitation of the operation of aeroplanes covered by Part II,
Chapter 2, Volume 1 of Annex 16 to the Convention on
International Civil Aviation, second edition (1988), Ireland
has failed to fulfil its obligations under that directive;

1. Declares that, by failing to adopt, within the prescribed
time-limit, the laws, regulations or administrative provisions
necessary to comply with Commission Directive 1999/28/EC
of 21 April 1999 amending the Annex to Council Directive
92/14/EEC on the limitation of the operation of aeroplanes
covered by Part II, Chapter 2, Volume 1 of Annex 16 to the
Convention on International Civil Aviation, second edition
(1988), Ireland has failed to fulfil its obligations under that
directive;

2. Orders Ireland to pay the costs.

2. Orders Ireland to pay the costs.

( 1) OJ C 317 of 10.11.2001.

(1) OJ C 317 of 10.11.2001.