Judgment of the Court of 10 December 2002 in Case C-362/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/5/EC — Reasoned opinion — Failure to take into account observations submitted by the Member State in response to the formal notice — Bearing on admissibility)
Date: 2003-01-25
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, capacity to exercise rights, equivalence of diplomas, lawyer

C 19/8

EN

Official Journal of the European Communities

25.1.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 10 December 2002

in Case C-362/01: Commission of the European Communi-
ties v Ireland (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/5/EC — Reasoned opinion —
Failure to take into account observations submitted by the
Member State in response to the formal notice — Bearing on
admissibility)

(Third Chamber)

of 28 November 2002

in Case C-392/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil
its obligations —
Directive 97/55/EC — Comparative advertising — Failure
to implement within the prescribed period)

(2003/C 19/14)

(2003/C 19/15)

(Language of the case: English)

(Language of the case: Spanish)

In Case C-362/01, Commission of the European Communities
(Agent: K. Banks) v Ireland (Agent: D. J. O’Hagan, assisted by
D. McGuinness, SC, and D. R. Phelan, BL): Application for a
declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
98/5/EC of the European Parliament and the Council of
16 February 1998 to facilitate practice of the profession of
lawyer on a permanent basis in a Member State other than
that in which the qualification was obtained (OJ 1998 L 77,
p. 36), or by failing to inform the Commission thereof, Ireland
has failed to fulfil
its obligations under that directive, the
Court, composed of: G.C. Rodríguez Iglesias, President,
J.-P. Puissochet (Rapporteur), M. Wathelet and C.W.A. Timmer-
mans (Presidents of Chambers), D.A.O. Edward, A. La Pergola,
P. Jann, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha
Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 10 December
2002, in which it:

1. Declares that, by failing to adopt within the period prescribed
the laws, regulations and administrative provisions necessary to
comply with Directive 98/5/EC of the European Parliament
and the Council of 16 February 1998 to facilitate practice of
the profession of lawyer on a permanent basis in a Member
State other than that in which the qualification was obtained,
Ireland has failed to fulfil its obligations under that directive.

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

In Case C-392/01, Commission of the European Communities
(Agent: I. Martínez del Peral) 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 97/55/EC of the European
Parliament and of the Council of 6 October 1997 amending
Directive 84/450/EEC concerning misleading advertising so as
to include comparative advertising (OJ 1997 L 290, p. 18), or,
in any event, by failing to inform the Commission of the
adoption of any such measures, the Kingdom of Spain has
failed to fulfil its obligations under that directive, the Court
(Third Chamber), composed of:
J.-P. Puissochet, President
of
the Chamber, C. Gulmann and J.N. Cunha Rodrigues
Judges; C. Stix-Hackl, Advocate General;
(Rapporteur),
R. Grass, Registrar, has given a judgment on 28 November
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 Directive 97/55/EC of the European Parliament
and of the Council of 6 October 1997 amending Directive 84/
450/EEC concerning misleading advertising so as to include
comparative advertising, the Kingdom of Spain has failed to
fulfil its obligations under that directive.

2. Orders Ireland to pay the costs.

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

( 1) OJ C 317 of 10.11.2001.

(1) OJ C 331 of 24.11.2001.