Case C-374/02: Action brought on 16 October 2002 by the Commission of the European Communities against the Italian Republic
Date: 2003-02-22
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, national implementing measure, storage of waste, waste management

C 44/12

EN

Official Journal of the European Union

22.2.2003

Action brought on 16 October 2002 by the Commission
of the European Communities against the Italian Republic

(Case C-374/02)

(2003/C 44/22)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 16 October
2002 by the Commission of the European Communities,
represented by M. Konstantinidis and Roberto Amorosi, acting
as Agents.

received at the Court Registry on 29 November 2002, for a
preliminary ruling in the administrative judicial proceedings
between Arnold André GmbH & Co. KG and the Landrat
(Principal Officer) of the Herford Local Authority on the
following question:

Is the provision in Article 8 of Directive 2001/37/EC (1), by
which, with a view to the approximation of
the laws,
regulations and administrative provisions of the Member States
concerning the manufacture, presentation and sale of tobacco
products, the placing on the market of tobacco for oral use is
the Act
prohibited, without prejudice to Article 151 of
concerning the Accession of Austria, Finland and Sweden,
compatible with the superior law of the European Communi-
ties?

The applicant claims that the Court should:

(1) OJ L 194, p. 26.

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 1999/31/EC (1) of 26 April 1999 on
the landfill of waste, or in any event by failing to inform
the Commission thereof, the Italian Republic has failed to
fulfil its obligations under Article 18 of that directive:

— order the Italian 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, implies that Member States are required
to comply with the time-limits for transposition laid down in
directives. When the time-limit expired, the Italian Republic
had not promulgated the provisions necessary to comply with
the directive referred to in the Commission’s claims.

( 1) OJ L 182 of 16.7.1999, p. 1.

Reference for a preliminary ruling by the Verwaltungsger-
icht Minden by order of that Court of 14 November
2002 in the administrative judicial proceedings between
Arnold André GmbH & Co. KG and the Landrat of the
Herford Local Authority

(Case C-434/02)

(2003/C 44/23)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Minden (Administrative Court Minden) of 14 November 2002,

Reference for a preliminary ruling by the Landgericht
Essen by order of that Court of 25 November 2002 in
proceedings relating to the commercial register between
Axel Springer AG and Zeitungsverlag Niederrhein GmbH
& Co. Essen KG

(Case C-435/02)

(2003/C 44/24)

Reference has been made to the Court of
Justice of the
European Communities by order of the Landgericht Essen
(Regional Court Essen) of 25 November 2002, received at the
Court Registry on 2 December 2002, for a preliminary ruling
in proceedings relating to the commercial register between
Axel Springer AG and Zeitungsverlag Niederrhein GmbH &
Co. Essen KG on the following questions:

(1)

(2)

Is Directive 90/605/EEC (1),
in conjunction with
Article 47 of Directive 78/660/EEC (2), compatible with
the fundamental Community right of freedom to exercise
a trade or profession in so far as Kommanditgesellschaften
(limited partnerships) whose personally liable partner is a
private limited company are obliged to publish their
annual accounts and annual report, in particular without
any restriction being imposed on the group of persons
entitled to inspect those documents?

Is Directive 90/605/EEC, in conjunction with Article 47
of Directive 78/660/EEC, compatible with the fundamen-
tal Community rights of freedom of the press and radio
in so far as Kommanditgesellschaften whose personally
liable partner is a private limited company and which are
engaged in the press and publishing sector or the radio
broadcasting sector are obliged to publish their annual
accounts and annual report, in particular without any
restriction being imposed on the group of persons
entitled to inspect those documents?