Judgment of the Court (First Chamber) of 2 October 2003 in Case C-89/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 93/15/EEC)
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, explosive, harmonisation of standards, national implementing measure, preparation for market, safety standard

C 275/22

EN

Official Journal of the European Union

15.11.2003

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 2 October 2003

(First Chamber)

of 2 October 2003

in Case C-348/02: Commission of the European Communi-
ties v Italian Republic (1)

in Case C-89/03: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil its obligations — Failure
to implement Directive 1999/13/EC)

(Failure of a Member State to fulfil its obligations — Failure
to transpose Directive 93/15/EEC)

(2003/C 275/38)

(Language of the case: Italian)

(2003/C 275/39)

(Language of the case: French)

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

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

In Case C-348/02, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agent: U. Leanza, assisted by M. Fiorilli): Application for a
declaration that by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 1999/13/EC of 11 March 1999 on the limitation of
emissions of volatile organic compounds due to the use of
organic solvents in certain activities and installations (OJ 1999
L 85, p. 1, and corrigendum, OJ 1999 L 188, p. 54) the Italian
Republic has failed to fulfil its obligations under Article 15
of that directive, the Court (First Chamber), composed of:
M. Wathelet, President of the Chamber, P. Jann and A. Rosas
Judges; L.A. Geelhoed, Advocate General;
(Rapporteur),
R. Grass, Registrar, has given a judgment on 2 October 2003,
in which it:

In Case C-89/03, Commission of the European Communities
(Agents: L. Ström and B. Stromsky) v Grand Duchy of
Luxembourg (Agents: S. Schreiner): Application for a declar-
ation that, by failing to bring into force the laws, regulations
and administrative provisions necessary to comply with
Council Directive 93/15/EEC of 5 April 1993 on the harmonis-
ation of the provisions relating to the placing on the market
and supervision of explosives for civil uses (OJ 1993 L 121,
p. 20), the Grand Duchy of Luxembourg has failed to fulfil its
obligations under that directive, the Court (First Chamber),
composed of: M. Wathelet, President of the Chamber, P. Jann
and A. Rosas (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, has given a judgment
on 2 October 2003, in which it:

1. Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 1999/13/EC of 11 March 1999 on the limitation
of emissions of volatile organic compounds due to the use of
the
organic solvents in certain activities and installations,
Italian Republic has failed to fulfil
its obligations under
Article 15 of that directive;

1. Declares that, by failing to bring into force the laws, regulations
and administrative provisions necessary to comply with Council
Directive 93/15/EEC of 5 April 1993 on the harmonisation
of the provisions relating to the placing on the market and
supervision of explosives for civil uses, the Grand Duchy of
its obligations under that
Luxembourg has failed to fulfil
directive;

2. Orders the Italian Republic to pay the costs.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 289 of 23.11.2002.

(1) OJ C 101 of 26.4.2003.