Case C-40/07: Action brought on 1 February 2007 — Commission of the European Communities v Italian Republic
Date: 2007-04-14
Institutions: Court of Justice
Subjects: EU environmental policy, EU programme, European Commission, Italy, action for failure to fulfil an obligation, environmental impact, national implementing measure, project evaluation

14.4.2007

EN

Official Journal of the European Union

C 82/19

— the diploma shows post-secondary training of more than
three years, since in order to obtain the diploma of
Hospital Pharmacist it is necessary to be in possession of
the university diploma of Licenciado en Farmacia,
to
have completed the training in the corresponding specia-
lisation and to have passed an examination;

— the diploma shows that the holder has the necessary
qualifications to follow the profession of hospital phar-
macist in Spain.

2. In the same way, the profession of hospital pharmacist is a
‘regulated profession’ in Spain within the meaning of Direc-
tive 89/48/EEC.

3. Council Directive 85/433/EEC (2) of 16 September 1985
concerning the mutual recognition of diplomas, certificates
and other evidence of
formal qualifications in pharmacy,
including measures to facilitate the right of establishment
relating to certain activities in the field of pharmacy, is not
applicable to the profession of hospital pharmacist.

4. Consequently, the Kingdom of Spain was required to trans-
pose Directive 89/48/EEC in connection with the profession
of hospital pharmacist. By not adopting the necessary
measures in that regard, the Kingdom of Spain has failed to
fulfil its obligations under that directive.

(1) OJ L 19, p. 16.
(2) OJ L 253, p. 37.

of 27 June 2001 on the assessment of the effects of certain
plans and programmes on the environment (1), the Italian
Republic has
under
Article 13(1) of that directive;

obligations

failed

fulfil

its

to

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit
expired on 21 July 2004.

for

transposition of Directive 2001/42/EC

(1) OJ 2001 L 197, p. 30.

Action brought on 2 February 2007 — Commission of the
European Communities v Hellenic Republic

(Case C-45/07)

(2007/C 82/35)

Language of the case: Greek

Parties

Action brought on 1 February 2007 — Commission of the
European Communities v Italian Republic

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson, M. Konstantinidis and F. Hoffmeister)

(Case C-40/07)

(2007/C 82/34)

Language of the case: Italian

Parties

Defendant: Hellenic Republic

Form of order sought

— declare that, by submitting to the International Maritime
Organisation (IMO) on 18 March 2005 a proposal
for
‘Monitoring the compliance of ships and port facilities with
the requirements of Chapter XI-2 of SOLAS and the ISPS
Code’, the Hellenic Republic has failed to fulfil its obligations
under Articles 10, 71 and 80(2) of the Treaty establishing
the European Community;

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia, J.-B. Laignelot, Agents)

— order the Hellenic Republic to pay the costs.

Defendant: Italian Republic

Pleas in law and main arguments

Forms of order sought

— Declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2001/42/EC of the European Parliament and of the Council

According to the Commission, the submission by the Hellenic
Republic to the International Maritime Organisation of a
proposal in respect of a matter covered by Regulation (EC) No
725/2004 (1) on enhancing ship and port
facility security,
without being authorised so to do by the Community, consti-
tutes a breach of its obligations under Articles 10, 71 and 80(2)
of the Treaty establishing the European Community.