Case C-330/04: Action brought on 30 July 2004 by the Commission of the European Communities against the Italian Republic
Date: 2004-10-23
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, animal product, by-product, health control, national implementing measure

C 262/16

EN

Official Journal of the European Union

23.10.2004

Action brought on 30 July 2004 by the Commission of the
European Communities against the Italian Republic

The applicant claims that the Court should:

(Case C-330/04)

(2004/C 262/28)

An action against
Italian Republic was brought before the
Court of Justice of the European Communities on 30 July 2004
by the Commission of the European Communities, represented
by Chiara Cattabriga, acting as Agent.

The applicant claims that the Court should:

the European Parliament and of

1) Declare that, by failing to adopt and bring into force within
the prescribed period the laws, regulations and administra-
to comply with Directive
tive provisions necessary
2002/33/EC (1) of
the
Council of 21 October 2002 amending Council Directives
90/425/EEC (2)
regards health
requirements for animal by-products, or in any event by
failing to communicate them to the Commission, the Italian
Republic has failed to fulfil its obligations under Article 3(1)
thereof; and

and 92/118/EEC (3)

as

(a) declare that:

— by incompletely transposing Article 3 of Directive
85/337/EEC (1) of 27 June 1985 on the assessment of
the effects of certain public and private projects on the
environment, as amended by Directive 97/11/EC, (2)

— by failing to transpose Article 9(1) of Directive

85/337/EEC, as amended,

— by infringing the transitional rules laid down by Article

3 of Directive 97/11/EC,

— by failing correctly to transpose point 10(b) of Annex II
to Directive 85/337/EEC, as amended, in conjunction
with Article 2(1) and Article 4(2), and

— by failing to subject to the impact assessment procedure
the plans for the construction of a leisure centre at
Paterna (Valencia) and, consequently, by failing to apply
Articles 2(1), 3, 4(2), 8 and 9 of Directive 85/337/EEC,
as amended,

2) Order the Italian Republic to pay the costs.

the Kingdom of Spain has failed to fulfil
under those directives;

its obligations

Pleas in law and main arguments

(b) order the kingdom of Spain to pay the costs.

The period for transposing the directive expired on 16 May
2003.

Pleas in law and main arguments

(1) OJ L 315 of 19.11.2002, p. 14.
(2) OJ L 224 of 18.8.1990, p. 29.
(3) OJ L 62 of 15.3.1993, p. 49.

Action brought on 28 July 2004 by Commission of the
European Communities against Kingdom of Spain

(Case C-332/04)

(2004/C 262/29)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 28 July
2004 by the Commission of the European Communities, repre-
sented by Gregorio Valero Jordana, of its Legal Service, and by
Florence Simonetti, a detached national expert assigned to that
service, with an address for service in Luxembourg.

The Spanish legislation amending domestic law so as to make
it conform with Directive 85/337/EEC, as amended by Direc-
tive 97/11/EC, comprising essentially Royal Legislative Decree
No 1302/1986 of 28 June 1986, on environmental
impact
evaluation, as amended by Law No 6/2001 of 8 May 2001,
does not require the environmental impact assessment to eval-
uate the foreseeable effects of the interaction of various envir-
onmental factors with each other, contrary to the requirements
of Article 3 of Directive 85/337/EEC, as amended.

The Spanish legislation does not
include an obligation to
render public the administrative decision to grant or withhold
authorisation for implementation of the project, the terms of
the decision and the conditions attached to it, contrary to the
requirements of Directive 85/337/EEC, as amended.

Articles 3(1) and (2) of Directive 97/11/EC state that the provi-
sions of that Directive are to be applied to new projects for
which authorisation is sought on or after 14 March 1999. The
Spanish legislation breaches that Community provision since it
does not apply to private projects for which the administrative
authorisation procedure is pending or
to public projects
already at the public information stage or already approved
before 8 October 2000.