Case C-157/06: Action brought on  23 March 2006  — Commission of the European Communities v Italian Republic
Date: 2006-06-03
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, award of contract, derogation from EU law, helicopter, police, public contract, supplies contract

C 131/32

EN

Official Journal of the European Union

3.6.2006

Action brought on 21 March 2006 — Commission of the
European Communities v Republic of Finland

Form of order sought

(Case C-154/06)

(2006/C 131/59)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and K. Nyberg, acting as Agents)

Defendant: Republic of Finland

Form of order sought

to

necessary

comply
the European Parliament and of

— Declare that, with regard to the province of Åland, by
failing to adopt the laws, regulations and administrative
Directive
provisions
2003/108/EC of
the
Council of 8 December 2003 (1) amending Directive
2002/96/EC on waste electrical and electronic equipment
(WEEE) or in any case by failing to inform the Commission
thereof, the Republic of Finland has failed to fulfil its obliga-
tions under that directive;

with

firms

institutions,
in a

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/87/EC of the European Parliament and of the
Council of 16 December 2002 on the supplementary super-
insurance undertakings and
vision of credit
conglomerate (1)
investment
and
amending Council Directives 73/239/EEC, 79/267/EEC,
92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and
Directives 98/78/EC and 2000/12/EC of
the European
Parliament and of the Council the directive or in any case
by failing to inform the Commission thereof, the Kingdom
of Sweden has failed to fulfil
its obligations under that
directive;

financial

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of
expired on 11 August 2004.

the directive

(1) OJ 2003 L 35, p. 1.

— order the Republic of Finland to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of
expired on 13 August 2004.

the directive

(1) OJ L 345, 31.12.2003, p. 106.

Action brought on 23 March 2006 — Commission of the
European Communities v Italian Republic

(Case C-157/06)

(2006/C 131/61)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis and D. Recchia, Agents)

Action brought on 23 March 2006 — Commission of the
European Communities v Kingdom of Sweden

Defendant: Italian Republic

(Case C-156/06)

(2006/C 131/60)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and K. Simonsson, acting as Agents)

Form of order sought

— Declaration that, by adopting Decree No 558/A/04/03/RR
of the Minister for the Interior of 11 July 2003, authorising
the derogation from Community rules on public supply
contracts in respect of the procurement of light helicopters
for the use of police forces and the national fire service,
without any of the conditions capable of justifying that
derogation having been satisfied, the Italian Republic has
failed to fulfil its obligations under the combined provisions
of Articles 2(1)(b), 6 and 9 of Directive 93/36/EEC (1);

— Order requiring the Italian Republic to pay the costs of the

Defendant: Kingdom of Sweden

proceedings.

3.6.2006

EN

Official Journal of the European Union

C 131/33

Pleas in law and main arguments

The Commission of the European Communities brought an
action on 23 March 2006 in which it seeks a declaration that,
by adopting the Decree of the Minister for the Interior of
11 July 2003 authorising the derogation from Community
rules on public supply contracts in respect of the procurement
of light helicopters for the use of police forces and the national
fire service, without any of the conditions capable of justifying
such a derogation having been satisfied, the Italian Republic
has failed in its obligations under Council Directive 93/36/EEC
of 14 June 1993 coordinating procedures for the award of
public supply contracts, and in particular under Article 2(1)(b),
in conjunction with Articles 6 and 9, thereof.

for

The Commission became aware of the existence of the afore-
the Interior while
the Minister
mentioned decree of
preparing other infringement proceedings. The Commission
submits that this decree is at variance with the above directive
on public supply contracts in so far as none of the conditions
set out in Article 2(1)(b) of Directive 93/36/EEC which, if met,
may allow that directive not to be applied — that is to say, in
the case of contracts which are declared secret or the execution
of which must be accompanied by special security measures, or
where the protection of the basic interests of the State's security
so requires — has been satisfied.

(1) OJ L 199 of 09.08.1993, p. 1.

programmes on the environment (1) or in any case by
failing to inform the Commission thereof, the Republic of
Finland has failed to fulfil its obligations under that direc-
tive;

— order the Republic of Finland to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of
expired on 21 July 2004.

the directive

(1) OJ L 197, 21.7.2001, p. 30.

Action brought on 24 March 2006 — Commission of the
European Communities v Italian Republic

(Case C-160/06)

(2006/C 131/63)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti, G. Zavvos, Agents)

Action brought on 21 March 2006 — Commission of the
European Communities v Republic of Finland

Defendant: Italian Republic

(Case C-159/06)

(2006/C 131/62)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker, F. Simonetti and K. Nyberg, acting as
Agents)

Form of order sought

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/51/EC (1) of the European Parliament and of the
Council of 18 June 2003 on the annual and consolidated
accounts of certain types of companies, banks and other
financial institutions and insurance undertakings, or, in any
case, by failing to communicate such measures to the
Commission, the Italian Republic has failed to fulfil its obli-
gations under that directive;

— Order the Italian Republic to pay the costs.

Defendant: Republic of Finland

Pleas in law and main arguments

Form of order sought

— Declare that, with regard to the province of Åland, by
failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 2001/42/EC
of the European Parliament and of the Council of 27 June
2001 on the assessment of the effects of certain plans and

The period prescribed for
national law expired on 1 January 2005.

transposing that directive into

(1) OJ L 178, 17.7.2003, p. 16