CELEX: C2002/169/20
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (First Chamber) 16 May 2002 in Case C-372/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC)

C 169/12                 EN                      Official Journal of the European Communities                                          13.7.2002
declaration that, by failing to adopt the laws, regulations and             Commission, the Grand Duchy of Luxembourg has failed to
adminstrative provisions necessary to comply with Com-                      fulfil its obligations under that directive, the Court (First
mission Directive 98/101/EC of 22 December 1998 adapting                    Chamber), composed of: P. Jann, President of the Chamber,
to technical progress Council Directive 91/157/EEC on batter-               M. Wathelet (Rapporteur), and A. Rosas, Judges; F.G. Jacobs,
ies and accumulators containing certain dangerous substances                Advocate General; R. Grass, Registrar, has given a judgment
(OJ 1999 L 1, p. 1) or, in any event, by failing to inform the              on 16 May 2002, in which it:
Commission thereof, Italy has failed to fulfil its obligations
under that directive, the Court (Third Chamber), composed of:
F. Macken, President of the Chamber, C. Gulmann (Rapporteur)                1.    Declares that, by failing to adopt, within the prescribed period,
and J.-P. Puissochet, Judges; D. Ruiz-Jarabo Colomer, Advocate                    the laws, regulations and administrative measures necessary in
General; R. Grass, Registrar, has given a judgment on 30 May                      order to comply with Directive 98/8/EC of the European
2002, in which it:                                                                Parliament and of the Council of 16 February 1998 concerning
                                                                                  the placing of biocidal products on the market, the Grand
                                                                                  Duchy of Luxembourg has failed to fulfil its obligations under
1.    Declares that, by failing to adopt the laws, regulations and
                                                                                  that directive.
      administrative provisions necessary to comply with Commission
      Directive 98/101/EC of 22 December 1998 adapting to
      technical progress Council Directive 91/157/EEC on batteries          2.    Orders the Grand Duchy of Luxembourg to pay the costs.
      and accumulators containing certain dangerous substances, the
      Italian Republic has failed to fulfil its obligations under
      Directive 98/101;
                                                                            (1) OJ C 317 of 10.11.2001.
2.    Orders the Italian Republic to pay the costs.
(1) OJ C 317 of 10.11.2001.
                                                                                               JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                               (First Chamber)
                           (First Chamber)                                                              30 May 2002
                             16 May 2002                                    in Case C-376/01: Commission of the European Communi-
                                                                                                      ties v Ireland (1)
in Case C-372/01: Commission of the European Communi-
             ties v Grand Duchy of Luxembourg (1)                           (Failure by a Member State to fulfil its obligations — Failure
                                                                                              to transpose Directive 98/8/EC)
(Failure by a Member State to fulfil its obligations — Failure
                 to transpose Directive 98/8/EC)
                                                                                                      (2002/C 169/21)
                           (2002/C 169/20)
                                                                                                 (Language of the case: English)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published      In Case C-376/01, Commission of the European Communities
                    in the European Court Reports)                          (Agent: R. Wainwright) v Ireland (Agent: D. J. O’Hagan):
                                                                            Application for a declaration that, by failing to adopt, by
                                                                            14 May 2000, the laws, regulations and administrative pro-
                                                                            visions necessary to comply with Directive 98/8/EC of the
In Case C-372/01, Commission of the European Communities                    European Parliament and of the Council of 16 February 1998
(Agent: M. Nolin) v Grand Duchy of Luxembourg (Agent:                       concerning the placing of biocidal products on the market
J. Faltz): Application for a declaration that, by failing to adopt          (OJ 1998 L 123, p. 1), or in any event by failing to inform the
the laws, regulations and administrative provisions necessary               Commission thereof, Ireland has failed to fulfil its obligations
to comply with Directive 98/8/EC of the European Parliament                 under that directive, the Court (First Chamber), composed of:
and of the Council of 16 February 1998 concerning the                       P. Jann, President of the Chamber, M. Wathelet (Rapporteur)
placing of biocidal products on the market (OJ 1998 L 123,                  and A. Rosas, Judges; J. Mischo, Advocate General; R. Grass,
p. 1) and, in any event, by failing to communicate them to the              Registrar, has given a judgment on 30 May 2002, in which it: