CELEX: C2000/020/26
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-421/99: Action brought on 29 October 1999 by the Commission of the European Communities against the Italian Republic

22.1.2000               EN                     Official Journal of the European Communities                                          C 20/13
Action brought on 29 October 1999 by the Commission                       Giacinto Bisogni, acting as Agents, with an address for service
of the European Communities against the Italian Republic                  in Luxembourg at the office of Carlos Gómez de la Cruz, of its
                                                                          Legal Service, Wagner Centre, Kirchberg.
                           (Case C-421/99)
                                                                          The applicant claims that the Court should:
                            (2000/C 20/26)
                                                                          — declare that, by failing to adopt and bring into force or, in
An action against the Italian Republic was brought before the                 any event, by failing to communicate the laws, regulations
Court of Justice of the European Communities on 29 October                    and administrative provisions necessary to comply with
1999 by the Commission of the European Communities,                           Directive 97/51/EC of the European Parliament and of the
represented by Lena Ström, of its Legal Service, and Giacinto                 Council of 6 October 1997 amending Council Directives
Bisogni, an appeal court judge on secondment to its Legal                     90/387/EEC and 92/44/EEC for the purpose of adaptation
Service, acting as Agents, with an address for service in                     to a competitive environment in telecommunications (1),
Luxembourg at the office of Carlos Gómez de la Cruz, Wagner                  the Italian Republic has failed to fulfil its obligations under
Centre, Kirchberg.                                                            that directive; and
The applicant claims that the Court should:
                                                                          — order the Italian Republic to pay the costs.
— declare that, by failing to adopt, or at any rate to
     communicate to the Commission, the laws, regulations
     and administrative measures necessary in order to comply
                                                                          Pleas in law and main arguments
     with Council Directive 94/67/EC of 16 December 1994 (1)
     on the incineration of hazardous waste, the Italian Republic
     has failed to fulfil its obligations under that directive;
                                                                          Under Article 249 of the EC Treaty, according to which a
                                                                          directive is to be binding, as to the result to be achieved, upon
— order the Italian Republic to pay the costs.
                                                                          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
Pleas in law and main arguments                                           1997 without the Italian Republic having brought into force
                                                                          the necessary provisions in order to comply with the directive
Article 249 EC (formerly Article 189 of the EC Treaty),                   referred to in the Commission’s application.
according to which a directive is to be binding, as to the result
to be achieved, upon each Member State to which it is
addressed, requires Member States to observe the time-limits
laid down in directives for their transposition. The time-limit           (1) OJ 1997 L 295, p. 23.
in the present case expired on 31 December 1996 without the
Italian Republic having adopted the necessary provisions in
order to comply with the directive referred to in the Com-
mission’s application.
(1) OJ L 365 of 31.12.1994, p. 34.
                                                                          Action brought on 29 October 1999 by the Commission
                                                                          of the European Communities against the Italian Republic
Action brought on 29 October 1999 by the Commission                                               (Case C-423/99)
of the European Communities against the Italian Republic
                                                                                                   (2000/C 20/28)
                           (Case C-422/99)
                                                                          An action against the Italian Republic was brought before the
                            (2000/C 20/27)
                                                                          Court of Justice of the European Communities on 29 October
                                                                          1999 by the Commission of the European Communities,
An action against the Italian Republic was brought before the             represented by Claudia Schmidt, of its Legal Service, and by
Court of Justice of the European Communities on 29 October                Giacinto Bisogni, acting as Agents, with an address for service
1999 by the Commission of the European Communities,                       in Luxembourg at the office of Carlos Gómez de la Cruz, of its
represented by Claudia Schmidt, of its Legal Service, and by              Legal Service, Wagner Centre, Kirchberg.