Judgment of the Court (Sixth Chamber) of 5 June 2003 in Case C-145/01: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — No proper letter of formal notice — Application inadmissible)
Date: 2003-08-02
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, labour law, transfer of businesses, worker information

C 184/6

EN

Official Journal of the European Union

2.8.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

of 12 June 2003

(Sixth Chamber)

of 5 June 2003

in Case C-145/01: Commission of the European Commu-
nities v Italian Republic (1)

in Case C-130/01: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — No proper
letter of formal notice — Application inadmissible)

its obligations —
(Failure of a Member State to fulfil
Directive 76/464/EEC — Pollution of the aquatic environ-
ment — Pollution reduction programmes which include
quality objectives for certain dangerous substances)

(2003/C 184/11)

(Language of the case: Italian)

(2003/C 184/10)

(Language of the case: French)

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

for

quality

include

objectives

In Case C-130/01, Commission of the European Communities
(Agents: G. Valero Jordana and J. Adda) v French Republic
(Agents: D. Colas and G. de Bergues): Application for a
declaration that, by failing to adopt pollution reduction
programmes which
the
99 dangerous substances listed in the annex to the application
and failing to communicate a summary of those programmes
and the results of their implementation to the Commission, in
breach of Article 7 of Council Directive 76/464/EEC of 4 May
1976 on pollution caused by certain dangerous substances
the Community
discharged into the aquatic environment of
(OJ 1976 L 129, p. 23), the French Republic has failed to fulfil
its obligations under the EC Treaty, the Court (Sixth Chamber),
the Chamber,
composed of:
J.-P. Puissochet, President of
C. Gulmann, V.
F. Macken and
J. Mischo, Advocate General; R. Grass,
N. Colneric,
Registrar, has given a judgment on 12 June 2003, in which it:

(Rapporteur),

Skouris

Judges;

1. Declares

to

that,

adopt
quality

failing
include

pollution
objectives

reduction
by
programmes which
the
for
99 dangerous substances listed in the annex to the application
which comply with the requirements of Article 7 of Council
Directive 76/464/EEC of 4 May 1976 on pollution caused by
certain dangerous substances discharged into the aquatic envir-
onment of the Community, the French Republic 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-145/01, Commission of the European Communities
(Agent: A. Aresu) v Italian Republic (Agent: U. Leanzaassisted
by D. Del Gaizo): Application for a declaration that, by
maintaining in force Article 47(5) and (6) of Law No 428 of
29 December 1990 laying down provisions for compliance
the
with the obligations arising from Italy's membership of
European Communities (Community Law for 1990) (ordinary
supplement to GURI No 10 of 12 January 1991, p. 5), which:

— allow for the non-application of the automatic transfer of
all contracts of employment or employment relationships,
from the transferor to the transferee, in respect of under-
takings subject
to an approved composition procedure
involving the transfer of assets or a special administration
procedure, where those undertakings pursue their activity
after the transfer, and

— in respect of undertakings declared to be ‘in a situation of
economic crisis’, do not provide for the transfer, from the
to the transferee, of employees and debts
transferor
arising from a contract of employment or employment
relationship,

the Italian Republic has failed to fulfil
its obligations under
Council Directive 77/187/EEC of 14 February 1977 on the
approximation of the laws of the Member States relating to
the safeguarding of employees' rights in the event of transfers
of undertakings, businesses or parts of businesses (OJ 1977
L 61, p. 26), in particular Articles 3 and 4 thereof, the Court
(Sixth Chamber), composed of:
(Rapporteur),
President of
Schintgen, C. Gulmann,
F. Macken and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate
General; R. Grass, Registrar, has given a judgment on 5 June
2003, in which it:

the Chamber, R.

J.-P. Puissochet

1. Dismisses the application as inadmissible;

2. Orders the Commission of the European Communities to pay

2. Orders the French Republic to bear the costs.

the costs.

(1) OJ C 150, 19.5.2001.

(1) OJ C 173 of 16.06.2001.