CELEX: C1996/294/18
Language: en
Date: 1996-10-05 00:00:00
Title: Action brought on 22 August 1996 by the Commission of the European Communities against the Italian Republic (Case C-285/96)

5 . 10 . 96              EN                   Official Journal of the European Communities                                    No C 294/9
  Agent, assisted by J. -J. Evrard, of the Brussels Bar, with an           — order the Italian Republic to pay the costs .
  address for service in Luxembourg at the office of Carlos
  Gomez de la Cruz, Wagner Centre, Kirchberg.
                                                                           Pleas in law and main arguments
  The applicant claims that the Court should :                             Article 7 of the Directive requires Member States to establish
                                                                           programmes in order to reduce pollution of the waters by
  — declare that, by failing to adopt the laws , regulations or            the substances within List II . The Directive did not expressly
        administrative provisions necessary to comply with                 provide for a date of entry into force . In a letter of
        Commission Directive 93/86/EEC of 4 October 1993 ( ] )             3 November 1976 , the Commission proposed the following
        adapting to technical progress Council Directive                   timetable to the Member States : an authorization system by
        91 / 157/EEC on batteries and accumulators containing               15 September 1978 ; programmes to reduce pollution by the
        certain dangerous substances ( 2 ), or by failing to notify        substances within List II by 15 September 1981 ;
        such measures, the French Republic has failed to fulfil its        programmes to take effect by 15 September 1986 . Those
        obligations under that Directive,                                  periods expired without the Italian Republic having
                                                                           adopted the programmes necessary to comply with the
  — order the French Republic to pay the costs .                           Directive .
- Pleas in law and main arguments                                          (M OJ No L 129 , 18 . 5 . 1976 , p . 23 .
  Under Article 189 of the EC Treaty, according to which a
  directive is to be binding, as to the result to be achieved, on
  each Member State to which it is addressed, Member States
  are required to observe the time limits laid down in
  directives for their transposition . That time limit expired on
  31 December 1993 without the French Republic having
  brought into force the necessary provisions in order to                  Action brought on 22 August 1996 by the Commission of
  comply with the Directive referred to the Commission 's                    the European Communities against the Italian Republic
  application .                                                                                     Case C-286/96 )
                                                                                                     ( 96/C 294/ 19 )
  (') OJ No L 264 , 23 . 10 . 1993 , p . 51 .
  ( 2 ) OJ No L 78 , 26 . 3 . 1991 , p . 38 .
                                                                           An action against the Italian Republic was brought before
                                                                           the Court of Justice of the European Communities on
                                                                           22 August 1996 by the Commission of the European
                                                                           Communities , represented by Gotz zur Hausen, of its Legal
                                                                           Service, acting as Agent, with an address for service in
                                                                           Luxembourg at the office of Carlos Gomez de la Cruz, of its
  Action brought on 22 August 1996 by the Commission of                    Legal Service, Wagner Centre, Kirchberg.
     the European Communities against the Italian Republic
                              Case C-285/96 )                              The applicant claims that the Court should :
                               ( 96/C 294/ 18 )
                                                                           — declare that, by failing to adopt and bring into force
  An action against the Italian Republic was brought before                     within the prescribed period the laws , regulations or
  the Court of Justice of the European Communities on                           administrative provisions necessary to comply with :
  22 August 1996 by the Commission of the European
  Communities, represented by Gotz zur Hausen, of its Legal                    — Commission Directive 91 /410/EEC of 22 July 1991
  Service, acting as Agent, with an address for service in                         adapting to technical progress for the 14th time
  Luxembourg at the office of Carlos Gomez de la Cruz, of its                      Council      Directive        67/548/EEC      on     the
  Legal Service, Wagner Centre, Kirchberg.                                         approximation of laws, regulations and
                                                                                   administrative provisions relating to the
  The applicant claims that the Court should :                                     classification , packaging and labelling of dangerous
                                                                                   substances ('),
  — declare that, by failing to adopt programmes to reduce
                                                                               — Commission Directive 93 / 86/EEC of 4 October
        pollution containing quality objectives for the 99
        dangerous substances listed in the Annex, or by failing to                  1993 adapting to technical progress Council
                                                                                   Directive 91 / 1 57/EEC on batteries and accumulators
        communicate to the Commission the programmes and
        the result of their application, contrary to Article 7 of                  containing certain dangerous substances ( 2 ),
        Commission Directive 76/464/EEC ( '), and by not
        providing the Commission with the information                           — Commission Directive 93/90/EEC of 29 October
        requested in that connection , contrary to Article 5 of the                 1993 concerning the list of substances referred to in
        EC Treaty, the Italian Republic has failed to fulfil its                   Article 13 ( 1 )         (5)      of Council   Directive
        obligations under that Treaty, and                                         67/548/EEC ( 3 ),