Case C-122/05: Action brought on 14 March 2005 by the Commission of the European Communities against the Italian Republic
Date: 2005-05-14
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, tradeable emission permit

14.5.2005

EN

Official Journal of the European Union

C 115/15

— Where trading in beef and veal requires the presentation of
certificates of health and origin formally drawn up by the
competent veterinary authority after daily inspections of the
production plant, do the errors, faults or negligent acts
established by a court, which are committed by those
authorities in exercising their powers and lead to incorrect
certification to the detriment of the operators and expor-
ters, constitute force majeure?

Action brought on 15 March 2005 by the Commission of
the European Communities against the Italian Republic

(Case C-123/05)

(2005/C 115/28)

Action brought on 14 March 2005 by the Commission of
the European Communities against the Italian Republic

(Language of the case: Italian)

(Case C-122/05)

(2005/C 115/27)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 14 March
2005 by the Commission of the European Communities, repre-
sented by U. Wölker and D. Recchia, members of the Commis-
sion's legal service.

The applicant claims that the Court should:

1. declare that, by failing to adopt all

laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/87/EC (1) of the European Parliament and of the
Council of 13 October 2003 establishing a scheme for
greenhouse gas emission allowance trading within the Com-
munity and amending Council Directive 96/61/EC (2) or, in
any event, by failing to notify the Commission of those
provisions, the Italian Republic has failed to fulfil its obliga-
tions under Article 31(1) of that directive;

2. order the Italian Republic to pay the costs.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 15 March
2005 by the Commission of the European Communities, repre-
sented by X. Lewis and A. Aresu, members of the Commission's
legal service.

The applicant claims that the Court should:

1. declare that by adopting Article 44 of Law No 724 of 23
December 1994, amending Article 6(2) of Law No 573 of
24 December 1993 so as to permit the renewal of public
service contracts to previous contract-holders, the Italian
Republic has failed to fulfil its obligations under Articles 11,
15 and 17 of Council Directive 92/50/EEC (1) of 18 June
1992 relating to the coordination of procedures for the
award of public service contracts, and Articles 6 and 9 of
Council Directive 93/36/EEC (2) of 14 June 1993 coordi-
nating procedures for the award of public supply contracts,
and Articles 43 EC and 49 EC;

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The time-limit for complying with the directive expired on 31
December 2003.

(1) OJ L 275 of 25.10.2003, p. 32.
(2) OJ L 257 of 10.10.1996, p. 26.

The Commission has challenged Article 6(2) of Law No 537 of
1993 as amended by Article 44 of Law No 724 of 1994. In
particular that provision prohibits the tacit renewal of public
contracts for the supply of goods and services but also provides
that ‘within three months of the expiry of the contracts the
administration shall ascertain whether it is convenient and in
the public interest for those contracts to be renewed and, if so,
shall notify the contracting party of its willingness to renew the
contract.’