Case C-347/07: Action brought on 25 July 2007 — Commission of the European Communities v Italian Republic
Date: 2007-09-22
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, animal product, foodstuff, health legislation, human nutrition, national implementing measure

C 223/8

EN

Official Journal of the European Union

22.9.2007

Pleas in law and main arguments

— order the Italian Republic to pay the costs.

1. Infringement of the right to a fair hearing in relation to the
assessment of the alleged participation in certain meetings of
the cartel on the Spanish market and participation in a
European cartel.

2. Infringement of the presumption of innocence in respect of
the assessment of the alleged infringements as a result of
circumstantial evidence.

3. Infringement of Community law in connection with the
disproportionate and unfair nature of the fine in respect of
its severity, its calculation and the application of attenuating
circumstances, and a lack of reasoning in the assessment of
certain attenuating circumstances.

4. Infringement of the right to a fair hearing within a reason-

able period of time.

Pleas in law and main arguments

The period for transposition of Directive 2004/41/EC expired
on 1 January 2006.

(1) OJ 2004 L 157, p. 33.
(2) OJ 1989 L 395, p. 13.
(3) OJ 1992 L 62, p. 49.
(4) OJ 1995 L 243, p. 17.

(1) OJ 2004 L 115, p. 1.

Action brought on 2 August 2007 — Commission of the
European Communities v Italian Republic

Action brought on 25 July 2007 — Commission of the
European Communities v Italian Republic

(Case C-347/07)

(2007/C 223/09)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga, acting as Agent)

Defendant: Italian Republic

(Case C-368/07)

(2007/C 223/10)

Language of the case: Italian

Parties

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

Defendant: Italian Republic

Form of order sought

— declare that, by failing to draw up and adopt, in respect of
each Italian port, waste reception and handling plans, the
Italian Republic has failed to fulfil its obligations under Arti-
cles 5(1) and 16(1) of Directive 2000/59/EC of
the
European Parliament and of the Council of 27 November
2000 on port reception facilities for ship-generated waste
and cargo residues (1);

Form of order sought

— order the Italian Republic to pay the costs.

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/41/EC (1) of
the
Council of 21 April 2004 repealing certain directives
concerning food hygiene and health conditions for
the
production and placing on the market of certain products of
animal origin intended for human consumption and
amending
Directives
and
92/118/EEC (3) and Council Decision 95/408/EC (4) or,
in
any event, by failing to communicate those provisions to the
Commission, the Italian Republic has failed to fulfil its obli-
gations under Article 8 of that directive;

89/662/EEC (2)

Council

Pleas in law and main arguments

The period for
28 December 2002.

transposition of

the directive expired on

(1) OJ 2000 L 332, p. 81.