Case C-84/05: Action brought on 18 February 2005 by the Commission of the European Communities against the Italian Republic
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, air quality, environmental policy, industrial pollution, polluter pays principle, pollution control measures

C 93/18

EN

Official Journal of the European Union

16.4.2005

2. The Commission considers that the manner in which the
Greek authorities interpret and apply the legislation in force
effectively leads to a prohibition on the sale in general food
stores (supermarkets) of ‘bake-off’ products that have been
baked to completion or reheated, since ‘bake-off’ products
are – mistakenly – regarded by the Greek authorities as
subject to the enhanced requirements which generally apply
to the preparation and baking of complete baked bread and
bakery products.

The Commission claims that the Court should:

1. declare that, by failing, hitherto, to adopt the legislation
necessary to apply Council Directive 96/61/EC (1) of 24
September 1996 concerning integrated pollution prevention
and control, to new installations, has failed to fulfil its obli-
gations under Article 21(1) thereof;

2. order the Italian Republic to pay the costs.

3. According to the Commission, since the short final baking
or the reheating outside a bakery is the specific character-
istic that distinguishes ‘bake-off’ products from other bakery
products, the application of the Greek legislation on bread-
making to ‘bake-off’ products cannot be considered a matter
relating to selling arrangements for the purpose of the judg-
ment in and therefore falls within the scope of Article 28
of the EC Treaty.

4. The Commission also submits that most of the conditions
that are imposed on the ‘bake-off’ method are clearly unjus-
tified and disproportionate, since that method consists only
in the short final baking or the reheating of semi-baked or
fully-baked frozen bread or bakery products. In addition, the
Commission considers that those conditions are exception-
ally burdensome for all general stores called on to meet the
specifications for bakeries.

5. The Commission therefore considers

the Hellenic
Republic is infringing its obligations under Article 28 of the
EC Treaty.

that

Pleas in law and main arguments

The period prescribed for the transposition of the directive
expired on 30 October 1999.

(1) OJ L 257 of 10. 10. 1996, p. 26.

Action brought on 18 February 2005 by the Commission
of the European Communities against the Italian Republic

(Case C-85/05)

(2005/C 93/33)

Action brought on 18 February 2005 by the Commission
of the European Communities against the Italian Republic

(Language of the case: Italian)

(Case C-84/05)

(2005/C 93/32)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 February
2005 by the Commission of the European Communities, repre-
sented by M. Konstantinidis and A. Aresu, members of its legal
service, acting as Agents.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 February
2005 by the Commission of the European Communities, repre-
sented by S. Pardo Quintillán and D. Recchia, acting as Agents.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2000/60/EC (1) of the European Parliament and of the
Council of 23 October 2000 establishing a framework for
Community action in the field of water policy or, in any
event, by failing to communicate those provisions to the
Commission, the Italian Republic has failed to fulfil its obli-
gations under Article 24(1) of that directive;

— order the Italian Republic to pay the costs.