Judgment of the Court (First Chamber) of 9 December 2004 in Case C-460/02: Commission of the European Communities v Italian Republic (Air transport — Groundhandling — Directive 96/67/EC)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, airport, ground handling, job preservation, labour law, market access, provision of services

C 45/4

EN

Official Journal of the European Union

19.2.2005

3. Article 28 EC precludes national rules, such as those laid down in
Paragraphs 8(1) and 9(2) of the Verordnung über die Vermeidung
und Verwertung von Verpackungsabfällen (Regulation on the
Avoidance and Recovery of Packaging Waste), when they
announce that a global packaging-waste collection system is to be
replaced by a deposit and return system without the producers and
distributors concerned having a reasonable transitional period to
adapt thereto and being assured that, at the time when the packa-
ging-waste management system changes, they can actually partici-
pate in an operational system.

(1) OJ C 274 of 9.11.2002.

2001/37/EC of the European Parliament and of the Council of 5
June 2001 on the approximation of the laws, regulations and admin-
istrative provisions of the Member States concerning the manufacture,
presentation and sale of tobacco products.

(1) OJ C 44 of 22.2.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 9 December 2004

JUDGMENT OF THE COURT

in Case C-460/02: Commission of the European Commu-
nities v Italian Republic (1)

(Grand Chamber)

of 14 December 2004

in Case C-434/02 (reference for a preliminary ruling from
the Verwaltungsgericht Minden): Arnold André GmbH &
Co. KG v Landrat des Kreises Herford (1)

(Directive 2001/37/EC — Manufacture, presentation and
sale of tobacco products — Article 8 — Prohibition of
placing on the market of tobacco products for oral use —
Validity)

(2005/C 45/06)

(Language of the case: German)

the Court on 29 November 2002,

In Case C-434/02: reference for a preliminary ruling under
Article
234 EC from the Verwaltungsgericht Minden
(Germany), made by decision of 14 November 2002, received
at
in the proceedings
between Arnold André GmbH & Co. KG and Landrat des
Kreises Herford – the Court (Grand Chamber), composed of:
V. Skouris, President, P.
Jann, C.W.A. Timmermans and K.
Lenaerts, Presidents of Chambers, C. Gulmann, J.-P. Puissochet,
N. Colneric, S. von Bahr and J.N. Cunha Rodrigues (Rappor-
teur),
Judges; L.A. Geelhoed, Advocate General; H. von
Holstein, Deputy Registrar, and subsequently M.-F. Contet, Prin-
cipal Administrator, for the Registrar, has given a judgment on
14 December 2004, in which it has ruled:

Consideration of the question referred has not disclosed any factor of
the validity of Article 8 of Directive
such a kind as to affect

(Air transport — Groundhandling — Directive 96/67/EC)

(2005/C 45/07)

(Language of the case: Italian)

the European Communities

In Case C-460/02: action under Article 226 EC for failure to
fulfil obligations, brought on 19 December 2002, between
(Agents:
Commission of
A. Aresu and M. Huttunen) and Italian Republic (Agents: I.M.
(First Chamber),
Braguglia and O. Fiumara) – the Court
composed
Chamber,
the
of
R. Silva de Lapuerta (Rapporteur), K. Lenaerts, S. von Bahr and
K. Schiemann, Judges; P. Léger, Advocate General; M. Múgica
Arzamendi, Principal Administrator,
the Registrar, has
given a judgment on 9 December 2004, in which it:

President

Jann,

for

of

P.

1. Declares that in so far as Legislative Decree No 18 of 13 January
1999 applying Directive 96/67/EC on access to the groundhand-
ling market at Community airports incorporates, at Article 14, a
social measure which is incompatible with Article 18 of Council
Directive 96/67/EC of 15 October 1996 and sets out, at Article
20, interim provisions which are not authorised under the direc-
tive, the Italian Republic has failed to fulfil its obligations under
the directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 55 of 8.3.2003.