Case C-294/03: Action brought on 7 July 2003 by the Commission of the European Communities against Ireland
Date: 2003-09-06
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, environmental impact, national implementing measure, peat

6.9.2003

EN

Official Journal of the European Union

C 213/19

Action brought on 7 July 2003 by the Commission of the
European Communities against Ireland

(Case C-294/03)

In accordance with Article 228 (2) of the EC Treaty, the
Commission asks the Court to impose a penalty payment of
EUR 21 600 on Ireland for each day’s delay in implementing
the Court’s judgment in Case C-392/96, beginning from the
day on which the Court gives its judgment in the present case.

(2003/C 213/32)

(1) OJ L 175, 05.07.1985, p. 40.

An action against Ireland was brought before the Court of
Justice of the European Communities on 7 July 2003 by the
Commission of the European Communities, represented by
Xavier Lewis and Florence Simonetti, acting as agents, with an
address for service in Luxembourg.

The Applicant claims that the Court should:

1) Declare that, by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Article 4 (2) of Council Directive 85/337/EEC of 27 June
1985 on the assessment of the effects of certain public
and private projects on the environment (1) in respect of
peat extraction projects or, in any event, by failing to
notify such provisions to the Commission, Ireland has
not implemented all the measures necessary to comply
with the judgment of the Court of 21 September 1999 in
Case C-392/96 Commission v. Ireland and has failed to
fully fulfil its obligations under Article 228 of the Treaty;

2) Order Ireland to pay to the Commission of the European
Communities,
into the account EC own resources, a
penalty payment of EUR 21 600 for each day of delay in
implementing the measures necessary to comply with
the judgment in Case C-392/96, from delivery of the
judgment in these proceedings until judgment in Case
C-392/96 has been complied with,

3) Order Ireland to pay the costs.

Pleas in law and main arguments

This application concerns the failure by Ireland to comply
with the judgment of 21 September 1999 in Case C-392/96
in so far as Ireland has taken inadequate measures since that
judgment to ensure that Irish legislation complies with Council
Directive 85/337/EEC of 27 June 1985 on the assessment of
the effects of certain public and private projects (‘the Directive’)
in respect of peat extraction projects covered by point 2(a) of
Annex II of that Directive. Although Ireland has taken some
measures in an effort to execute the judgment, they remain
inadequate in theory and have not been implemented in
practice.

Appeal brought on 2 July 2003 by Alessandrini Srl and
Others against the judgment delivered on 10 April 2003
by the Fifth Chamber of the Court of First Instance of the
European Communities in Joined Cases T-93/00 and
T-46/01 between Alessandrini Srl and Others and the
Commission of the European Communities

(Case C-295/03 P)

(2003/C 213/33)

An appeal against the judgment delivered on 10 April 2003
by the Fifth Chamber of the Court of First Instance of the
European Communities in Joined Cases T-93/00 and T-46/01
between Alessandrini Srl and Others and the Commission of
the European Communities was brought before the Court of
Justice of the European Communities on 2 July 2003 by
Alessandrini Srl and Others, represented by W. Viscardini and
G. Donà.

The appellants claim that the Court should:

1.

2.

set aside the judgment of the Court of First Instance of
10 April 2003 in Joined Cases T-93/00 and T-46/01 as
to that part which deals with the application for damages;

order the Commission to pay the appellants damages for
the losses sustained as a result of the Commission’s failure
to grant certificates for the import of bananas from non-
member countries,
in the sum quantified in para-
graph 114-A of the pleading, totalling LIT 370 983 900
(EUR 191 597,20) together with currency re-valuation
and interest, and

3.

order the Commission to reimburse the appellants their
costs of the proceedings both at first instance and on
appeal.