Judgment of the Court (First Chamber) of 7 November 2002 in Case C-352/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC)
Date: 2002-12-21
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, chemical product, labelling, marketing

21.12.2002

EN

Official Journal of the European Communities

C 323/23

Chamber), composed of: C. Gulmann, acting for the President
of the Second Chamber, V. Skouris and N. Colneric (Rappor-
teur), Judges; A. Tizzano, Advocate General; H. von Holstein,
Deputy Registrar, has given a judgment on 7 November 2002,
in which it has ruled:

1. Articles 3 and 5 of Council Regulation (EEC) No 881/92 of
26 March 1992 on access to the market in the carriage of
goods by road within the Community to or from the territory of
a Member State or passing across the territory of one or more
Member States, and Article 14 of Council Regulation (EEC)
No 3821/85 of 20 December 1985 on recording equipment
in road transport, both in its original version and in that
resulting from Council Regulation (EC) No 2135/98 of
24 September 1998, do not permit a road haulage company
established in one Member State, which hires out vehicles
without drivers to a road haulage company established in
another Member State,
its own
Community authorisation to the lessee or
to retain the
management of the tachograph discs of the hired vehicles.

to transfer the benefit of

2. Article 2(1) of Council Directive 84/647/EEC of 19 December
1984 on the use of vehicles hired without drivers for the
carriage of goods by road, as amended by Council Directive 90/
398/EEC of 24 July 1990, should be interpreted as meaning
that, subject to the possible application of Article 4 of that
directive, vehicles hired without drivers must be registered in the
Member State in which the lessee road haulage company is
established.

( 1) OJ C 227 of 11.8.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 November 2002

in Case C-348/01: Commission of the European Communi-
ties v French Republic (1)

(Failure of a Member State to fulfil its obligations —
Directive 97/11/EC — Environmental impact assessment of
certain public and private projects — Incomplete transpo-
sition)

(2002/C 323/31)

(Language of the case: French)

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

In Case C-348/01, Commission of the European Communities
(Agents: G. zur Hausen and J. Adda) v French Republic

(Agents: G. de Bergues and D. Colas also by C.
Isidoro):
Application for a declaration that, by failing to adopt all the
laws, regulations and administrative provisions necessary to
comply with Council Directive 97/11/EC of 3 March 1997
amending Directive 85/337/EEC on the assessment of the
effects of certain public and private projects on the environ-
ment (OJ 1997 L 73, p. 5), alternatively by failing to inform
the Commission of those provisions, the French Republic has
failed to fulfil its obligations under that directive, the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, R. Schintgen, C. Gulmann (Rapporteur),
V. Skouris and J.N. Cunha Rodrigues, Judges; A. Tizzano,
Advocate General; M.-F. Contet, Administrator, for the Regis-
trar, has given a judgment on 7 November 2002, in which it:

1. Declares that, by failing to adopt within the prescribed time-
limit all the laws, regulations and administrative provisions
necessary to comply with Article 1(7) and (11) of Council
Directive 97/11/EC of 3 March 1997 amending Directive
85/337/EEC on the assessment of the effects of certain public
and private projects on the environment, the French Republic
has failed to fulfil its obligations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 331 of 24.11.2001.

JUDGMENT OF THE COURT

(First Chamber)

of 7 November 2002

in Case C-352/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/8/EC)

(2002/C 323/32)

(Language of the case: Spanish)

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

In Case C-352/01, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
L. Fraguas Gadea): 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) or, in any event, by failing to communicate them
to the Commission, the Kingdom of Spain has failed to fulfil
its obligations under that directive, the Court, composed of:

C 323/24

EN

Official Journal of the European Communities

21.12.2002

M. Wathelet (Rapporteur), President of the Chamber, P. Jann
and A. Rosas, Judges; J. Mischo, Advocate General; R. Grass,
in
Registrar, has given a judgment on 7 November 2002,
which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative measures 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, the Kingdom of Spain has
failed to fulfil its obligations under that Directive;

2. Orders the Kingdom of Spain to pay the costs.

( 1) OJ C 317 of 10.11.2001.

ORDER OF THE COURT

(Third Chamber)

of 24 October 2002

in Case C-233/01 (Reference for a preliminary ruling from
the Giudice di pace di Palermo): Riunione Adriatica di
Securtà SpA (RAS) v Dario Lo Bue (1)

(Article 104(3) of the Rules of Procedure — Directives 73/
239/EEC and 92/49/EEC — Freedom to set premium rates
— Possibility of relying on a directive against an individual)

(2002/C 323/33)

(Language of the case: Italian)

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

In Case C-233/01: Reference to the Court under Article 234
EC by the Giudice di pace di Palermo (Italy) for a preliminary
ruling in the proceedings pending before that court between
Riunione Adriatica di Securtà SpA (RAS) and Dario Lo Bue, on
the interpretation of Article 8(3) of the First Council Directive
73/239/EEC of 24 July 1973 on the coordination of laws,
regulations and administrative provisions relating to the
taking-up and pursuit of the business of direct insurance other
in its version
than life assurance (OJ 1973 L 228, p. 3),
resulting from 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 1992 L 228, p. 1), and of
Articles 29 and 39 of Directive 92/49, the Court (Third
Chamber), composed of:
J.-P. Puissochet, President of the
Chamber, F. Macken and J.N. Cunha Rodrigues (Rapporteur),
Judges; S. Alber, Advocate General; R. Grass, Registrar, after
informing the national court that the Court proposes to give
its decision by reasoned order pursuant to Article 104(3) of its
Rules of Procedure, after inviting the interested parties referred
to in Article 20 of the EC Statute of the Court of Justice to
submit any observations they might have in that regard, has
made an order on 24 October 2002, the operative part of
which is as follows:

A directive may not, of
impose obligations on a private
individual and may not therefore be relied on as such against such a
person.

itself,

(1) OJ C 245 of 1.9.2001.

ORDER OF THE COURT

(Fifth Chamber)

of 3 October 2002

in Case C-273/01 (reference for a preliminary ruling from
the Tribunale di Bari): Walter Ferro v Giovanni Santoro (1)

(Article 104(3) of the Rules of Procedure — Council
Directive 86/653/EEC of 18 December 1986 on the coordi-
nation of the laws of the Member States relating to self-
employed commercial agents — Applicability to brokers)

(2002/C 323/34)

(Language of the case: Italian)

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

In Case C-273/01: reference to the Court under Article 234
EC from the Triunale di Bari (Italy) for a preliminary ruling in
the proceedings pending before that court between Walter
Ferro and Giovanni Santoro — on the interpretation of
Council Directive 86/653/EEC of 18 December 1986 on the
coordination of the laws of the Member States relating to self-
employed commercial agents (OJ 1986 L 382, p. 17) — the
Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, D.A.O. Edward, A. La Pergola,
M. Wathelet and A. Rosas,
Jacobs, Advocate
General; R. Grass, Registrar, has made an order in which it has
ruled:

Judges; F.G.

The provisions of Council Directive 86/653/EEC of 18 December
1986 on the coordination of the laws of the Member States relating
to self-employed commercial agents must be interpreted as meaning
that they do not apply to national legislation which makes the
entitlement of brokers to remuneration conditional upon the name of
the broker being entered in a register established for that purpose.

(1) OJ C 289 of 13.10.2001.