Case C-449/07: Action brought on 3 October 2007 — Commission of the European Communities v Italian Republic
Date: 2007-11-24
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, air safety, aircraft, airport, civil aviation, national implementing measure, third country, transport safety

C 283/24

EN

Official Journal of the European Union

24.11.2007

Form of order sought

— annul

the order of

the Court of First

Instance (Fourth
Chamber) of 12 July 2007 in Case T-177/06 Ayuntamiento
de Madrid and Madrid Calle 30, SA v Commission of the
European Communities;

— refer the case back to the Court of First Instance for judg-

ment.

Pleas in law and main arguments

In the order under appeal, the Court of First Instance held inad-
missible the action brought by Ayuntamiento de Madrid and
Madrid Calle 30, SA, which sought the annulment of the classi-
fication by the Commission (Eurostat) of Madrid Calle 30 in the
‘public administration’ sector, in accordance with the ‘European
System of Accounts’
(ESA 95) provided for in Annex A to
Council Regulation (EC) No 2223/96 (1) of 25 June 1996. That
classification was based on accounts published by the Commis-
sion (Eurostat) on 24 April 2006, using the data of 2005 on
the government deficit and government debt for the application
of the Protocol on the excessive deficit procedure annexed to
the EC Treaty.

The appellants consider that the Court of First Instance erred in
holding that the news release 48/2006 did not constitute an
implied decision of
the Commission (Eurostat) with binding
legal effects and consequently was not a legal act against which
an action could be brought.

In support of their appeal, the appellants emphasise the central
role of the Commission (Eurostat) in the final approval of the
figures of government deficit and debt of the Member States,
based not only on the relevant legislation (Article 104 EC, the
Protocol on the excessive deficit procedure and Council Regu-
lation (EC) No 3605/93 (2) of 22 November 1993 on the appli-
cation of
the Protocol on the excessive deficit procedure
annexed to the Treaty establishing the European Community, as
amended by Regulation (EC) No 2103/2005 (3)) but also on the
institutional architecture of the regulatory system.

The appellants consider that in the order under appeal the
Court of First Instance came to an erroneous conclusion by not
accepting that the Commission (Eurostat) is obliged to check
whether the government accounts comply with the accounting
rules of ESA 95 before publishing the data on the government
deficit and debt of the Member States. The appellants add that
the absence of reservations and/or amendments on the part of
the Commission (Eurostat), within the relevant period laid down
in Regulation (EC) No 3605/93, as amended, implies that the
act which has been approved without
reservations and/or
amendments becomes final and is therefore a legal act against
which an action can be brought. The appellants further claim
that the act in question entails legal effects with significant

consequences in various areas, such as for example, under the
excessive deficit procedure or the Structural Funds procedure.

(1) Council Regulation (EC) No 2223/96 of 25 June 1996 on the
European system of national and regional accounts in the Com-
munity (OJ L 310, p. 1).

(2) OJ L 332, p. 7.
(3) Council Regulation (EC) No 2103/2005 of 12 December 2005
amending Regulation (EC) No 3605/93 as regards the quality of
statistical data in the context of
the excessive deficit procedure
(OJ L 337, p. 1).

Action brought on 3 October 2007 — Commission of the
European Communities v Italian Republic

(Case C-449/07)

(2007/C 283/43)

Language of the case: Italian

Parties

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

Defendant: Italian Republic

Forms of order sought

The applicant claims that the Court should:

— declare that, by not adopting (all) the laws, regulations and
administrative provisions necessary to comply with Directive
2004/36/EC (1) of
the
Council of 21 April 2004 on the safety of third-country
aircraft using Community airports, the Italian Republic has
failed to fulfil its obligations under Article 11 of that Direc-
tive;

the European Parliament and of

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
2004/36/EC into national law expired on 30 April 2006.

the transposition of Directive

(1) OJ 2004 L 143, p. 76.