Judgment of the Court (Second Chamber) of 13 March 2003 in Case C-436/01: Commission of the European Communities v Kingdom of Belgium (Failure by a Member State to fulfil its obligations — Directive 98/81/EC — Failure to transpose within the prescribed period)
Date: 2003-05-10
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, genetically modified organism, occupational safety, public health

C 112/6

EN

Official Journal of the European Union

10.5.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 March 2003

(Second Chamber)

of 13 March 2003

in Case C-378/01: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Special protection areas — Conservation of
wild birds)

(2003/C 112/10)

in Case C-436/01: Commission of the European Communi-
ties v Kingdom of Belgium (1)

(Failure by a Member State to fulfil
its obligations —
Directive 98/81/EC — Failure to transpose within the
prescribed period)

(Language of the case: Italian)

(2003/C 112/11)

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

(Language of the case: Dutch)

In Case C-378/01, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agents: U. Leanza and M. Fiorilli): Application for a declar-
ation that, by failing to classify as special protection areas the
most suitable territories, in number and size, for the protection
of those species mentioned in Annex I to Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds
(OJ 1979 L 103, p. 1), as subsequently amended, and of the
other migratory species which regularly occur in Italy, and by
failing to send to the Commission all necessary information
relevant to most of the said areas classified by it, the Italian
Republic has failed to fulfil its obligations under Article 4(1)
to (3) of that directive, the Court (Sixth Chamber), composed
of: J.-P. Puissochet, President of the Chamber, R. Schintgen and
C. Gulmann (Rapporteur), F. Macken and N. Colneric, Judges;
P. Léger, Advocate General; L. Hewlett, Principal Administrator,
for the Registrar, has given a judgment on 20 March 2003, in
which it:

in number and size,

1. Declares that, by failing to classify as special protection areas
the most suitable territories,
for the
protection of those species mentioned in Annex I to Council
Directive 79/409/EEC of 2 April 1979 on the conservation of
wild birds, as subsequently amended, and of the other migratory
species which regularly occur in Italy, and by failing to send to
the Commission all necessary information relevant to most of
the said areas classified by it, the Italian Republic has failed to
fulfil its obligations under Article 4(1) to (3) of that directive;

2. Orders the Italian Republic to pay the costs.

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

In Case C-436/01, Commission of the European Communities
(Agent: H. van Lier) v Kingdom of Belgium (Agent: A. Snoecx):
Application for a declaration that, by failing to adopt, within
the prescribed period, all the laws, regulations and administrat-
ive provisions necessary to comply with Council Directive 98/
81/EC of 26 October 1998 amending Directive 90/219/EEC
on the contained use of genetically modified micro-organisms
(OJ 1998 L 330, p. 13), or, in any event, by failing to notify
the Commission of those provisions, the Kingdom of Belgium
has failed to fulfil its obligations under that directive, the Court
(Second Chamber), composed of: R. Schintgen, President of
the Chamber, V. Skouris and N. Colneric (Rapporteur), Judges;
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
judgment on 13 March 2003, in which it:

1. Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Council Directive 98/81/EC of 26 October 1998
amending Directive 90/219/EEC on the contained use of
genetically modified micro-organisms, the Kingdom of Belgium
has failed to fulfil its obligations under that directive;

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

( 1) OJ C 348 of 8.12.2001.

(1) OJ C 17 of 19.1.2002.