Case C-302/05: Action brought on 28 July 2005 by the Commission of the European Communities against Italian Republic
Date: 2005-09-17
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, commercial contract, ownership, payment

C 229/10

EN

Official Journal of the European Union

17.9.2005

Despite the passing of that time-limit, the agglomeration of the
Varese area has, up to the present day, still not been provided
with purification plants to ensure that the waste water from
that agglomeration is treated in accordance with Article 5(2) of
Directive 91/271/EEC.

(1) Council Directive 91/271/EEC of 21 May 1991 concerning urban

waste-water treatment (OJ L 135 of 30.05.1991, p. 40).

Article 11(3) of Legislative Decree No 231/2002 (the measure
implementing Directive 2000/35/EC in Italian law) provides
that the retention of title clause will be enforceable against
creditors of the purchaser only if that clause is confirmed on
individual
for successive supplies bearing a date
certain prior
to the attachment and duly entered in the
accounting records.

invoices

Action brought on 28 July 2005 by the Commission of the
European Communities against Italian Republic

(Case C-302/05)

(2005/C 229/20)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 28 July 2005
by the Commission of the European Communities, represented
by B. Schima and D. Recchia, of its Legal Service.

The applicant claims that the Court should:

1. Find that, by providing that the retention of title clause
invoices for successive
must be confirmed on individual
supplies bearing a date certain prior to the attachment and
duly entered in accounting records in order to be enforce-
able against creditors of the purchaser, the Italian Republic
has failed to fulfil its obligations under Article 4(1) of Direc-
tive 2000/35/EC (1) of the European Parliament and of the
Council of 29 June 2000 on combating late payment in
commercial transactions;

2. Order the Italian Republic to pay the costs.

Enforceability against creditors of the purchaser constitutes an
essential element of the agreement for retention of title. The
conditions laid down by Article 11(3) of Decree No 231/2002
create a series of additional obligations for the vendor over and
above
those provided for by Article 4(1) of Directive
2000/35/EC. The Commission therefore considers that those
of Directive
conditions
2000/35/EC.

to Article

contrary

4(1)

are

(1) OJ L 200 of 8.8.2000, p. 35.

Action brought on 29 July 2005 by Commission of the
European Communities against the Italian Republic

(Case C-304/05)

(2005/C 229/21)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 29 July 2005
by Commission of the European Communities, represented by
M. van Beek and D. Recchia, of its Legal Service.

The applicant claims that the Court should:

Pleas in law and main arguments

Article 4(1) of Directive 2000/35/EC provides that, to ensure
retention of title to goods until they are fully paid for, the
buyer and the seller must make an agreement to that effect
before the delivery of the goods.

1. Declare that, in relation to the project for the extension and
improvement of the Santa Caterina Valfurva ski area (the
‘Bucaneve’ and ‘Edelweiss’ pistes) and for provision of the
corresponding ski facilities, with a view to the holding of
the 2005 world Alpine ski championships in SPA IT
2040044 Parco Nazionale dello Stelvio, by having: