Case C-387/05: Action brought on  24 October 2005  by the Commission of the European Communities against the Italian Republic
Date: 2006-01-28
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, import, military equipment, own resources, tariff exemption

C 22/4

EN

Official Journal of the European Union

28.1.2006

Action brought on 20 October 2005 by the Commission
of the European Communities against the Italian Republic

(Case C-382/05)

(2006/C 22/07)

fulfilling the advertising requirements laid down by the above-
mentioned provisions. Not only does the model contract notice
used for the advertisement refer to what is called the ‘prior
information’ procedure and not to the award of contracts, but,
more importantly, the information set out in the notice is
clearly inadequate when compared with the information that
must be included in accordance with the model contract notice
set out in the Annexes to Directive 92/50/EEC, as most recently
amended by Directive 2001/78/EC.

(Language of the case: Italian)

(1) O J 1992 L 209 p. 1

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 20 October
2005 by the Commission of the European Communities, repre-
sented by A. Aresu and X. Lewis, acting as Agents, with an
address for service in Luxembourg.

The Commission claims that the Court should:

Action brought on 24 October 2005 by the Commission
of the European Communities against the Italian Republic

civile

la protezione

1. declare that, by reason of the fact that the Presidenza del
Consiglio dei Ministri (Prime Minister's Office) — Diparti-
mento per
(Department of Civil
Defence) — Ufficio del Commissario delegato (Office of the
Deputy Government official) responsible for waste emer-
gency and water protection in Sicily initiated the procedure
for the award of contracts for the use of residual municipal
waste, remaining after separately collected waste, produced
in the municipal areas of
the Region of Sicily, and
concluded such contracts but failed to apply the procedures
laid down by Council Directive 92/50/EEC (1) of 18 June
1992 relating to the coordination of procedures for the
award of public service contracts and, in particular, failed to
publish the appropriate contract notice in the Official
Journal of the European Union, the Italian Republic failed to
fulfil its obligations under that directive and, in particular,
under Articles 11, 15 and 17 of that directive;

(Case C-387/05)

(2006/C 22/08)

(Language of the case: Italian)

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 24 October
2005 by the Commission of the European Communities, repre-
sented by G. Wilms and L. Visaggio, acting as Agents.

Pleas in law and main arguments

The Commission claims that the Court should:

According to the Commission, an examination of the docu-
ments relating to the award of the contracts at issue leads to
the conclusion that they are to be classified as public service
contracts governed by Directive 92/50/EEC.

It follows that those contracts should have been awarded in
compliance with the rules on advertising and participation laid
down in Titles III and IV of that directive and, in particular,
following publication in the O.J.E.U of the contract notice
required by Articles 15 and 17 of the directive and in accord-
ance with the procedures set out in Article 11.

— declare

that, by unilaterally exempting from import
customs duties material which may be used for both civi-
lian and military purposes and by refusing to calculate and
pay the own resources which were improperly not collected
as a result of that exemption and the default interest due by
reason of the failure to make those own resources available
to the Commission in good time, the Italian Republic has
failed to fulfil its obligations under Article 26 EC, Article
20 of Regulation (EEC) No 2913/92 (1) and, consequently,
the Common Customs Tariff, Articles 2, 9, 10 and 17(1) of
Regulation (EEC, Euratom) No 1552/89 (2) and the corre-
sponding provisions of Regulation (EC, Euratom) No 1150/
2000; (3)

In the present case, the notice published on behalf of the
regarded as adequately
Commissario delegato cannot be

— order the Italian Republic to pay the costs.

28.1.2006

EN

Official Journal of the European Union

C 22/5

Pleas in law and main arguments

import customs duties (or,

in specific cases,
Suspension of
zero-rating) in respect of certain weapons and military equip-
ment was decided on within a Community context by Council
Regulation (EC) No 150/2003 (4) and was to take effect from
1 January 2003.

the Commission,

In the view of
the unilateral exemption
granted by Italy during the period preceding the application of
that regulation amounted to an unlawful derogation from
Article 26 EC and from Community customs legislation,
resulting in an unjustifiable reduction in customs revenue,
which constitutes the Community's own resources.

Area) No 94 (from IBA Catalogue 89)
‘Gargano
Promontory’ and which have in fact brought about a
deterioration of habitats and resulted in serious distur-
bances affecting birds within the above IBA[s];

(b) after 28 December 1998, the date for the designation
of the Special Protection Area (SPA) ‘Valloni e steppe
pedegarganiche’, the Italian Republic failed to meet its
obligations under Article 6(2), (3) and (4) and Article 7
of Council Directive 92/43/EEC (2) of 21 May 1992 on
the conservation of natural habitats and of wild fauna
and flora;

— order the Italian Republic to pay the costs of the proceed-

ings.

(1) OJ 1992 L 302 of 19.10.1992, p. 1.
(2) OJ 1989 L 155 of 07.06.1989, p. 1.
(3) OJ 2000 L 130 of 31.05.2000, p. 1.
(4) OJ 2003 L 25 of 30.01.2003, p. 1.

Action brought on 24 October 2005 by the Commission
of the European Communities against the Italian Republic

(Case C-388/05)

(2006/C 22/09)

(Language of the case: Italian)

Pleas in law and main arguments

By failing to take appropriate steps to avoid pollution or dete-
rioration of habitats or any disturbances affecting birds likely to
have significant consequences, with reference to the plan desig-
nated ‘the regional agreement’ and the projects outlined
therein, within the area subsequently designated as the Special
Protection Area (SPA)
‘Valloni e steppe pedegarganiche’, the
Italian Republic has failed to meet its obligations under Article
4(4) of Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds and, after 28 December 1998, under
(3) and (4) and Article 7 of Council Directive
Article 6(2),
92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora.

(1) OJ 1979 L 103 of 25.04.1979, p. 1.
(2) OJ 1992 L 206 of 22.07.1992, p. 7.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 24 October
2005 by the Commission of the European Communities, repre-
sented by A. Aresu and D. Recchia, acting as Agents.

Action brought on 9 November 2005 by the Commission
of the European Communities against the Italian Republic

The Commission claims that the Court should:

— declare that:

(a) prior to 28 December 1998, the date for the designa-
‘Valloni e
tion of the Special Protection Area (SPA)
steppe pedegarganiche’,
the Italian Republic failed to
meet its obligations under Article 4(4) of Council Direc-
tive 79/409/EEC (1) of 2 April 1979 on the conserva-
tion of wild birds in so far as it failed to take appro-
priate steps to avoid pollution or deterioration of habi-
tats or any disturbances affecting birds likely to have
significant consequences, with reference to the plan
designated ‘the regional agreement’ and the projects
outlined therein, which were liable to have an impact
on the habitats and species within IBA (Important Bird

(Case C-394/05)

(2006/C 22/10)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 9 November
2005 by the Commission of the European Communities, repre-
sented by D. Recchia and M. Konstantinidis, acting as Agents,
with an address for service in Luxembourg.