Judgment of the Court (Fourth Chamber) of 10 June 2004 in Case C-302/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 1999/22/EC — Keeping of wild animals in zoos — Failure to implement within the period prescribed)
Date: 2004-08-07
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, animal life, national implementing measure, protection of animals, zoo

C 201/6

EN

Official Journal of the European Union

7.8.2004

1. Declares that, by failing to carry out inspections of at least 25 %
of the number of
individual vessels which entered its ports in
1999 and 2000, the French Republic has failed to fulfil its obli-
gations under Article 5(1) of Council Directive 95/21/EC of 19
June 1995 concerning the enforcement,
in respect of shipping
using Community ports and sailing in the waters under the juris-
diction of the Member States, of international standards for ship
safety, pollution prevention and shipboard living and working
conditions (port State control);

R. Grass, Registrar, has given a judgment on 17 June 2004, in
which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Commission
Directive 2000/52/EC of 26 July 2000 amending Directive
80/723/EEC on the transparency of financial relations between
Member States and public undertakings, Ireland has failed to fulfil
its obligations under that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 19, 25.1.2003.

2. Orders Ireland to pay the costs.

(1) OJ C 101, 26.4.2003.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 17 June 2004

JUDGMENT OF THE COURT

(Fourth Chamber)

of 10 June 2004

in Case C-99/03: Commission of the European Commu-
nities v Ireland (1)

in Case C-302/03: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil its obligations — Direc-
financial relations
tive 2000/52/EC — Transparency of
between Member States and public undertakings — Failure
to implement within the prescribed period)

(Failure of a Member State to fulfil its obligations — Direc-
tive 1999/22/EC — Keeping of wild animals in zoos —
Failure to implement within the period prescribed)

(2004/C 201/10)

(Language of the case: English)

(2004/C 201/11)

(Language of the case: Italian)

(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-99/03: Commission of the European Communities
(Agent: J. Flett) v Ireland (Agent: D. O'Hagan) — application for
a declaration that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Commis-
sion Directive 2000/52/EC of 26 July 2000 amending Directive
80/723/EEC on the transparency of financial relations between
Member States and public undertakings (OJ 2000 L 193, p. 75)
or, in any event, by failing to notify the Commission of those
measures, Ireland has failed to fulfil its obligations under that
directive — the Court
(Fifth Chamber), composed of: C.
Gulmann, President of the Chamber, S. von Bahr (Rapporteur)
and R. Silva de Lapuerta, Judges; A. Tizzano, Advocate General;

In Case C-302/03: Commission of the European Communities
(Agents: M. van Beek and R. Amorosi) v Italian Republic
(Agent: I.M. Braguglia, assisted by G. de Bellis) — application
for a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to implement Council
Directive 1999/22/EC of 29 March 1999 relating to the
keeping of wild animals in zoos (OJ 1999 L 94, p. 24), or, in
any event, by failing to notify those provisions to the Commis-
sion, the Italian Republic has failed to fulfil
its obligations
under that directive — the Court (Fourth Chamber), composed
the
of:
Chamber,
Judges; P. Léger,
Advocate General; R. Grass, Registrar, has given a judgment on
10 June 2004, in which it:

J.-P. Puissochet and K. Lenaerts,

(Rapporteur), President of

J.N. Cunha Rodrigues

7.8.2004

EN

Official Journal of the European Union

C 201/7

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to implement Council Directive
1999/22/EC of 29 March 1999 relating to the keeping of wild
animals in zoos, the Italian Republic has failed to fulfil its obliga-
tions under that directive;

the laws,

2. Orders the Italian Republic to pay the costs.

(1) OJ C 213, 6.9.2003.

Reference for a preliminary ruling by the Simvoulio tis
Epikratias by judgment of that court of 3 March 2004 in
the case of Elmeka N.E. against the Minister for Economic
Affairs

(Case C-182/04)

(2004/C 201/12)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Simvoulio tis Epikratias
(Council of State, Greece) of 3 March 2004, received at the
Court Registry on 19 April 2004, for a preliminary ruling in
the case of Elmeka N.E. against the Minister for Economic
Affairs on the following questions:

The questions in the present case match the questions in Case
C-181/04.

Action brought on 7 May 2004 by the Commission of the
European Communities against the Federal Republic of
Germany

(Case C-204/04)

(2004/C 201/14)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Commu-
nities on 7 May 2004 by the Commission of the European
Communities, represented by Nicola Yarrell, of the Commis-
sion's Legal Service, and Horstpeter Kreppel, a labour court
judge appointed to the Commission's Legal Service under the
exchange programme for national public servants, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that the Federal Republic of Germany has infringed
the principle of equal treatment for men and women laid
down under Articles 1, 2 and 5 of Council Directive
76/207/EEC (1), and Clause 4 of the Framework Agreement
on part-time work concluded between UNICE, CEEP and the
to Council Directive
ETUC set out
97/81/EC (2),
indirectly discriminates against
women, who form the great majority of part-time
employees working less than 18 hours a week in the
German public sector, by excluding,

in the Annex

in that

it

(a) under Paragraph 14(2) of

the Bundespersonalvertre-
tungsgesetz (Federal Law on staff committees in the
public sector) and the equivalent regulations applying in
the Länder of

— Bavaria

— Berlin

— Bremen

— Hesse,

Reference for a preliminary ruling by the Simvoulio tis
Epikratias by judgment of that court of 3 March 2004 in
the case of Elmeka N.E. against the Minister for Economic
Affairs

part-time employees who normally work less than 18
hours a week, and

(b) in the Länder of

— Mecklenburg-Western Pomerania

(Case C-183/04)

(2004/C 201/13)

— Saxony

— Schleswig-Holstein

— Thuringia,

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Simvoulio tis Epikratias
(Council of State, Greece) of 3 March 2004, received at the
Court Registry on 19 April 2004, for a preliminary ruling in
the case of Elmeka N.E. against the Minister for Economic
Affairs on the following questions:

The questions in the present case match the questions in Case
C-181/04.

part-time employees who work less than half of the
normal weekly hours of work,

(c) in the Länder of

— Baden-Württemberg

— Brandenburg

— Rhineland-Palatinate

— Saxony-Anhalt,

part-time employees who work less than one-third of
the normal weekly hours of work,