Case C-118/04: Actionbrought on 4 March 2004 by the Commission of theEuropean Communities against the Italian Republic
Date: 2004-04-30
Institutions: Court of Justice
Subjects: European standard, Italy, action for failure to fulfil an obligation, health legislation, national implementing measure, protection of animals, swine, veterinary legislation

C 106/30

EN

Official Journal of the European Union

30.4.2004

Action brought on 4 March 2004 by the Commission of
the Kingdom of
the European Communities against

Sweden

(Case C-116/04)

(2004/C 106/51)

event, by failing to communicate those provisions to the
Commission, the Italian Republic has failed to fulfil its obli-
gations under the first paragraph of Article 2 of that direc-
tive;

— order the Italian Republic to pay the costs.

An action against the Kingdom of Sweden was brought before
the Court of Justice of the European Communities on 4 March
2004 by the Commission of the European Communities, repre-
sented by E. Traversa and K. Simonsson, acting as Agents, with
an address for service in Luxembourg.

Pleas in law and main arguments:

The period for transposition of the directive expired on 1
January 2003.

The applicant claims that the Court should:

(1) OJ L 316 of 1.12.2001, p. 36
(2) OJ L 340 of 11.12.1991, p. 33

— declare that, by failing to adopt, or to communicate to the
Commission, the laws, regulations and administrative provi-
sions necessary to implement Directive 2001/17/EC (1) of
the European Parliament and the Council of 19 March
2001 on the reorganisation and winding-up of insurance
undertakings, Sweden has failed to fulfil
its obligations
under that directive; and

— order Sweden to pay the costs of the case.

Pleas in law and main arguments

The period within which the directive was to be implemented
expired on 20 April 2003.

(1) OJ 2001 L 110, p. 28.

Action brought on 4 March 2004 by the Commission of
the European Communities against the Italian Republic

(Case C-117/04)

(2004/C 106/52)

Action brought on 4 March 2004 by the Commission of
the European Communities against the Italian Republic

(Case C-118/04)

(2004/C 106/53)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 4 March
2004 by the Commission of the European Communities, repre-
sented by Luca Visaggio, acting as Agent.

The applicant claims that the Court should:

— declare that, by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Council Directive 2001/88/EC (1) of 23 October 2001
amending Directive 91/630/EEC (2) laying down minimum
standards for the protection of pigs or, in any event, by
failing to communicate those provisions to the Commis-
sion, the Italian Republic has failed to fulfil its obligations
under Article 2(1) of that directive;

— order the Italian Republic to pay the costs.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 4 March
2004 by the Commission of the European Communities, repre-
sented by Luca Visaggio, acting as Agent.

Pleas in law and main arguments:

The applicant claims that the Court should:

— declare that, by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Commission Directive 2001/93/EC (1) of 9 November
2001 amending Directive 91/630/EEC (2)
laying down
minimum standards for the protection of pigs or, in any

The period for transposition of the directive expired on 1
January 2003.

(1) OJ L 316 of 1.12.2001, p. 1.
(2) OJ L 340 of 11.12.1991, p. 33.