Judgment of the Court (Fourth Chamber) of 2 December 2004 in Case C-97/04 Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 2000/76/EC — Incineration of waste — Failure to transpose)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, environmental protection, waste incineration, waste management

C 19/8

EN

Official Journal of the European Union

22.1.2005

JUDGMENT OF THE COURT

copyright and related rights in the information society —
Failure to transpose within the prescribed period)

(Fourth Chamber)

of 18 November 2004

(2005/C 19/15)

(Language of the case: Swedish)

in Case C-87/04: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/17/EC — Reorganisation and winding-up of insur-
to transpose within the
ance undertakings — Failure

prescribed period)

(2005/C 19/14)

(Language of the case: French)

the European Communities

In Case C-87/04: action under Article 226 EC for failure to
fulfil obligations, brought on 23 February 2004, Commission
(Agents: E. Traversa and
of
P. Léouffre) against Kingdom of Belgium (Agent: E. Dominko-
vits) – the Court (Fourth Chamber), composed of: J.N. Cunha
Rodrigues, acting as President of the Fourth Chamber, M. Ilešič
Judges; L.A. Geelhoed, Advocate
(Rapporteur) and E. Levits,
General; R. Grass, Registrar, has given a judgment on 18
November 2004, in which it:

In Case C-91/04: action under Article 226 EC for failure to
fulfil obligations, brought on 25 February 2004, between
Commission of the European Communities (Agents: K. Banks
and K. Simonsson) and Kingdom of Sweden (Agent: A. Kruse) –
the Court
J.-P. Puissochet,
acting as President of the Sixth Chamber, S. von Bahr and J.
Malenovský (Rapporteur), Judges; J. Kokott, Advocate General;
R. Grass, Registrar, has given a judgment on 18 November
2004, in which it:

(Sixth Chamber), composed of:

1. Declares that, failing to take the laws, regulations and administra-
tive provisions necessary to comply with Directive 2001/29/EC of
the European Parliament and of the Council of 22 May 2001 on
the harmonisation of certain aspects of copyright and related
rights in the information society, the Kingdom of Sweden has
failed to fulfil its obligations under that directive.

2. Orders the Kingdom of Sweden to pay the costs.

(1) OJ C 94 of 17.4.2004.

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2001/17/EC of the European Parliament and of the Council of
19 March 2001 on the reorganisation and winding-up of insur-
ance undertakings, the Kingdom of Belgium has failed to fulfil its
obligations under that directive,

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 85 of 3.4.2004.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 18 November 2004

in Case C-91/04: Commission of the European Commu-
nities v Kingdom of Sweden (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/29/EC — Harmonisation of certain aspects of

JUDGMENT OF THE COURT

(Fourth Chamber)

of 2 December 2004

in Case C-97/04 Commission of the European Commu-
nities v Italian Republic (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2000/76/EC — Incineration of waste — Failure to trans-
pose)

(2005/C 19/16)

(Language of the case: Italian)

In Case C-97/04 Commission of the European Communities
(Agents: R. Amorosi and M. Konstantinidis) v Italian Republic
(Agent: I.M. Braguglia, and G. Fiengo) – action under Article
226 EC for failure to fulfil obligations, brought on 26 February
2004 – the Court (Fourth Chamber), composed of: K. Lenaerts,
President of the Chamber, N. Colneric and E. Levits (Rappor-
teur), Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar,
gave a judgment on 2 December 2004, in which it:

22.1.2005

EN

Official Journal of the European Union

C 19/9

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2000/76/EC of the European Parliament and of the Council of 4
December 2000 on the incineration of waste, the Italian Republic
has failed to fulfil its obligations under that directive and, in par-
ticular, Article 21(1) thereof.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 94 of 17.4.2002.

ORDER OF THE COURT

(Second Chamber)

of 29 October 2004

in Case C-360/02 P: Carlo Ripa di Meana v European Parlia-
ment (1)

(Appeal — Former member of the European Parliament —
Provisional retirement pension scheme — Suspension of
payment of the pension following the election of that member
as a regional councillor — Action for annulment — Confir-
act — Inadmissibility — Appeal manifestly
matory

unfounded)

(2005/C 19/17)

(Language of the case: Italian)

In Case C-360/02 P: appeal under Article 49 of the EC Statute
of the Court of Justice, brought on 2 October 2002, Carlo Ripa
di Meana, former member of the European Parliament, residing
in Montecastello di Vibio (Italy) (lawyers: W. Viscardini and
G. Donà), the other party to the proceedings being: European
Parliament (Agents: A. Caiola and G. Ricci), defendant at first
instance – the Court (Second Chamber), composed of: C. W. A.
Timmermans
the Chamber,
C. Gulmann, J. Makarczyk, P. Kūris and J. Klučka, Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, has
made an order on 29 October 2004, the operative part of
which is as follows:

(Rapporteur),

President

of

1. The appeal is dismissed.

2. Mr Ripa di Meana shall pay the costs.

(1) OJ C 305 of 7.12.2002.

ORDER OF THE COURT

(Second Chamber)

of 14 October 2004

in Case C-288/03 P: Bernard Zaoui and Others v Commis-
sion of the European Communities (1)

(Non-contractual liability of the Community — Appeal in
part manifestly unfounded and in part manifestly inadmis-
sible)

(2005/C 19/18)

(Language of the case: French)

In Case C-288/03 P: appeal under Article 56 of the Statute of
the Court of Justice, brought on 3 July 2003, Bernard Zaoui,
residing at Combs-la-Ville (France), Lucien Zaoui, residing at
Netanya (Israel), Déborah Stain, née Zaoui, residing at Ramat
Gan (Israel) the other party to the proceedings being: Commis-
sion of
the European Communities (Agents: P. Kuijper, F.
Dintilhac and C. Tufvesson) – the Court (Second Chamber),
composed of: C.W.A. Timmermans (Rapporteur) President of
the Chamber, C. Gulmann, R. Schintgen, J. Makarczyk and J.
Klučka, Judges; M. Poiares Maduro, Advocate General; R. Grass,
Registrar, has made an order on 14 October 2004, the opera-
tive part of which is as follows:

1. The appeal is dismissed.

2. Mr Bernard Zaoui, Mr Lucien Zaoui and Mrs Déborah Stain,

née Zaoui, shall bear the costs.

(1) OJ C 171 of 19.7.2003.