CELEX: C1995/229/13
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 June 1995 in Case C-135/94: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Directive 89/618/Euratom - Admissibility)

2 . 9 . 95           I KN                  Official Journal of the European Communities                                  No C 229/7
Dimitrios Gouloussis ) v. Hellenic Republic (Agents:                            effective exercise of freedom to provide services and
Michael Apessos, Katerina Samoni-Rantou and Nana                                amending Directive 79/267/EEC;
Dafniou ) — application for a declaration that the Hellenic
Republic has failed to fulfil its obligations under the EC
Treaty by failing, in Case C- 109/94, to adopt or to                  2 . orders the Hellenic Republic to pay the costs.
communicate to the Commission within the prescribed
period the laws, regulations and administrative provisions
necessary to comply with Council Directive 90/618/EEC of              (])  OJ  No  C  161 , 11 . 6 . 1994 .
8 November 1990 amending, particularly as regards motor               (2)  OJ  No  L 330 , 29 . 11 . 1990, p . 44 .
vehicle liability insurance, Directive 73/239/EEC and                 (3)  OJ  No  L 172 , 4 . 7. 1988 , p . 1 .
Directive 88/357/EEC which concern the coordination of                (4)  OJ  No  L 330 , 29 . 11 . 1990 , p . 50 .
laws, regulations and administrative provisions relating to
direct insurance other than life assurance ( 2 ), and by failing,
in Cases C-207/94 and C-225/94 , to adopt and, in the
alternative, to communicate to the Commission within the
prescribed periods the laws, regulations and administrative
provisions necessary to comply, respectively, with Second
Council Directive 88/357/EEC of 22 June 1988 on the
coordination of laws, regulations and administrative
provisions relating to direct insurance other than life
assurance and laying down provisions to facilitate the
                                                                                      JUDGMENT OF THE COURT
effective exercise of freedom to provide services and
amending Directive 73/239/EEC ( 3 ), and Council Directive                                        ( Sixth Chamber)
90/619/EEC of 8 November 1990 on the coordination of
                                                                                                 of 29 June 1995
laws, regulations and administrative provisions relating to
direct life assurance, laying down provisions to facilitate the             in Case C-135/94: Commission of the European
effective exercise of freedom to provide services and                                Communities v. Italian Republic (')
amending Directive 79/267/EEC ( 4 ) — the Court ( Fifth               (Failure to fulfil obligations — Directive 89/61 8/Euratom
Chamber ), composed of: C. Gulmann, President of the                                             — Admissibility)
Chamber, P. Jann, J. C. Moitinho de Almeida, D. A. O.                                               ( 95/C 229/ 13
Edward and L. Sevon, Judges; C. O. Lenz, Advocate­
General; D. Louterman-Hubeau, Principal Administrator,
for the Registrar, has given a judgment on 29 June 1995 ,
in which it:                                                                            (Language of the case: Italian)
                                                                      (Provisional translation; the definitive translation will be
1 . declares that the Hellenic Republic has failed to fulfil its                published in the European Court Reports)
     obligations under the EC Treaty by failing to adopt
     within the prescribed periods the laws, regulations and
     administrative provisions necessary to comply with :
                                                                      In Case C-135/94 : Commission of the European
                                                                      Communities ( Agent: Antonio Aresu ) v. Italian Republic
     — Council Directive 90/618/EEC of 8 November                     ( Agent: Umberto Leanza ) — application for a declaration
          1990 amending, particularly as regards motor                that, by failing to adopt the laws, regulations and
          vehicle liability insurance, Directive 73/239/EEC           administrative measures necessary to comply with Council
          and Directive 88/357/EEC which concern the                  Directive 89/61 8/Euratom of 27 November 1989 on
          coordination oflaws, regulations and administrative         informing the general public about health protection
          provisions relating to direct insurance other than life     measures to be applied and steps to be taken in the event of a
          assurance,
                                                                      radiological emergency ( 2 ), the Italian Republic has failed to
                                                                      fulfil its obligations under that Directive and under the third
                                                                      paragraph of Article 161 and the first paragraph of
     — Second Council Directive 88/357/EEC of 22 June                 Article 192 of the EAEC Treaty — the Court ( Sixth
          1988 on the coordination of laws, regulations               Chamber ), composed of: F. A. Schockweiler, President of
          and administrative provisions relating to direct            the Chamber, P. J. G. Kapteyn ( Rapporteur ), C. N.
          insurance other than life assurance and laying down         Kakouris, J. L. Murray and G. Hirsch, Judges; M. B. Elmer,
          provisions to facilitate the effective exercise of          Advocate-General; R. Grass, Registrar, has given a
          freedom to provide services and amending Directive          judgment on 29 June 1995 , in which it:
          73/239/EEC, and
                                                                       1 . declares that, by failing to adopt the laws, regulations
     — Council Directive 90/619/EEC of 8 November 1 990                    and administrative measures necessary to comply with
          on the coordination of laws, regulations and                      Council Directive 89/61 8/Euratom of 27 November
          administrative provisions relating to direct life                 1989 on informing the general public about health
          assurance, laying down provisions to facilitate the              protection measures to be applied and steps to be taken
 ---pagebreak--- No C 229/8              EN                  Official Journal of the European Communities                                     2 . 9 . 95
      in the event of a radiological emergency, the Italian                  modified organisms, the Hellenic Republic has failed to
      Republic has failed to fulfil its obligations under that               fulfil its obligations under the EC Treaty;
      Directive;
                                                                       2 . orders the Hellenic Republic to pay the costs.
2 . orders the Italian Republic to bear the costs.
                                                                       H OJ No C 275 , 1 . 10 . 1994 .
( ! ) OJ No C 188 , 9 . 7 . 1994 .                                     ( 2 ) OJ No L 117, 8 . 5 . 1990, p. 1 .
( 2 ) OJ No L 357, 7 . 12 . 1989 , p . 31 .                            ( 3 ) OJ No L 117, 8 . 5 . 1990, p . 15 .
               JUDGMENT OF THE COURT                                                    JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                        of 5 July 1995
                           of 29 June 1995                             in Case C-21/94: European Parliament v. Council of the
       in Case C-l 70/94: Commission of the European                                           European Union (*)
             Communities v. Hellenic Republic (*)                      (Directive 93/89/EEC on the application by Member States
(Failure of a Member State to fulfil its obligations —                 oftaxes on certain vehicles used for the carriage ofgoods by
Non-transposition of Directives 90/219/EEC and                         road and tolls and charges for the use of certain
       90/220/EEC — Genetically modified organisms)                    infrastructures — Reconsultation of the European
                                                                                                     Parliament)
                            ( 95/C 229/14 )
                                                                                                   ( 95/C 229/ 15 )
                 (Language of the case: Greek)
                                                                                         (Language of the case: French)
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                     (Provisional translation: the definitive translation will be
                                                                                  published in the European Court Reports)
In Case C-l 70/94 : Commission of the European
Communities ( Agent: Maria Kontou-Durande ) v. Hellenic                In Case C-21 /94 : European Parliament ( Agents : Johann
Republic ( Agents : Panagiotis Mylonopoulos and Nana                   Schoo and Jannis Pantalis ) v. Council of the European
Dafniou ) — application for a declaration that, by failing to          Union ( Agents : Antonio Sacchettini and Amadeu Lopes
adopt, or not notifying within the prescribed period, the              Sabino ) supported by Federal Republic of Germany
laws, regulations and administrative provisions necessary to           ( Agents : Ernst Röder and Bernd Kloke) and by the United
comply with Council Directive 90/219/EEC of 23 April                   Kingdom of Great Britain and Northern Ireland ( Agents :
1990 on the contained use of genetically modified                      Lucinda Hudson and Lindsey Nicholl ) — application for the
micro-organisms (2 ) and Council Directive 90/220/EEC of               annulment of Council Directive 93/89/EEC of 25 October
23 April 1990 on the deliberate release into the environment           1993 on the application by Member States of taxes on
of genetically modified organisms (3 ), the Hellenic Republic          certain vehicles used for the carriage of goods by road and
has failed to fulfil its obligations under the EC Treaty — the         tolls and charges for the use of certain infrastructures ( 2 ) —
Court ( Fifth Chamber ), composed of: C. Gulmann,                      the Court, composed of: G. C. Rodriguez Iglesias, President,
President of the Chamber, P. Jann, J. C. Moitinho de                   F. A. Schockweiler, P. J. G. Kapteyn, C. Gulmann and
Almeida, D. A. O. Edward and L. Sevón ( Rapporteur ),                  P. Jann ( Presidents of Chambers ), G. F. Mancini, C. N.
Judges: F. G. Jacobs, Advocate-General; R. Grass, Registrar,           Kakouris, J. C. Moitinho de Almeida ( Rapporteur), J. L.
gave a judgment on 29 June 1995 , the operative part of                Murray, D. A. O. Edward, G. Hirsch, H. Ragnemalm and
which is as follows :                                                  L. Sevón, Judges; P. Leger, Advocate-General; R. Grass,
                                                                       Registrar, has given a judgment on 5 July 1995 in which
                                                                       it :
1 . declares that in not adopting within the prescribed
      periods the laws, regulations and administrative
      provisions necessary to comply with Council Directive            1 . annuls Council Directive 93/89/EEC of 25 October
      90/219/EEC of 23 April 1990 on the contained use of                    1 993 on the application by Member States of taxes on
      genetically modified micro-organisms and Council                       certain vehicles used for the carriage of goods by road
      Directive 90/220/EEC of 23 April 1990 on the                           and tolls and charges for the use of certain
      deliberate release into the environment of genetically                 infrastructures;