CELEX: C1999/226/13
Language: en
Date: 1999-08-07 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 17 June 1999 in Case C-336/97: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil obligations - Incomplete transposition of Directive 82/501/EEC)

C 226/8                  EN                      Official Journal of the European Communities                                               7.8.1999
P. Jann, C. Gulmann, D.A.O. Edward and M. Wathelet (Rap-                                      JUDGMENT OF THE COURT
porteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General;
L. Hewlett, Administrator, for the Registrar, has given a
judgment on 17 June 1999, in which it has ruled:                                                       (Sixth Chamber)
                                                                                                       of 17 June 1999
1. Within the framework of proceedings brought under Article 234
     EC (ex Article 177), the Court does not have jurisdiction to
     interpret national law or to give a ruling on the compatibility of     in Case C-336/97: Commission of the European Communi-
     a national measure with Article 92 of the EC Treaty (now, after                              ties v Italian Republic (1)
     amendment, Article 87 EC). However, where an application is
     made to a national court that it should draw the appropriate
     inferences from infringement of the final sentence of Article          (Failure by a Member State to fulfil obligations — Incom-
     88(3) EC (ex Article 93(3)), it may seek clarification from the                  plete transposition of Directive 82/501/EEC)
     Commission on that point or, in accordance with the second and
     third paragraphs of Article 234 EC, it may or must refer a
     question to the Court for a preliminary ruling on the interpret-                                  (1999/C 226/13)
     ation of Article 92 of the Treaty, in order to determine whether
     the State measures in question constitute State aid which should
     have been notified to the Commission.
                                                                                                 (Language of the case: Italian)
2. Application to an undertaking of a system of the kind introduced
     by Italian Law No 95/79 of 3 April 1979, and derogating                (Provisional translation; the definitive translation will be published
     from the rules of ordinary law relating to insolvency, is to be                            in the European Court Reports)
     regarded as giving rise to the grant of State aid, within the
     meaning of Article 92(1) of the Treaty, where it is established
     that the undertaking                                                   In Case C-336/97: Commission of the European Communities
                                                                            (Agent: Paolo Stancanelli, assisted by Claudio Tesauro) v Italian
                                                                            Republic (Agent: Umberto Leanza, assisted by Danilo Del
     — has been permitted to continue trading in circumstances in           Gaizo) — application for a declaration that, by failing to
          which it would not have been permitted to do so if the rules      ensure that emergency plans are drawn up for action outside
          of ordinary law relating to insolvency had been applied, or       the establishments in respect of whose industrial activity
                                                                            notification has been given pursuant to Article 5 of Council
                                                                            Directive 82/501/EEC of 24 June 1982 on the major-accident
                                                                            hazards of certain industrial activities (OJ 1982 L 230, p. 1),
     — has enjoyed one or more advantages, such as a State                  and by failing to organise inspections or other measures of
          guarantee, a reduced rate of tax, exemption from the              control proper to the type of industrial activity concerned, in
          obligation to pay fines and other pecuniary penalties or de       breach of the third indent of Article 7(1) and Article 7(2) of
          facto waiver of public debts wholly or in part, which could       that directive, the Italian Republic has failed to fulfil its
          not have been claimed by another insolvent undertaking            obligations under the EC Treaty — the Court (Sixth Chamber),
          under the application of the rules of ordinary law relating to    composed of P.J.G. Kapteyn, President of the Chamber,
          insolvency.                                                       G.F. Mancini, J.L. Murray, H. Ragnemalm and R. Schintgen
                                                                            (Rapporteur), Judges; F.G. Jacobs, Advocate-General; L. Hew-
                                                                            lett, Administrator, for the Registrar, has given a judgment on
3. Since it is established that a system such as that established by        17 June 1999, in which it
     Law No 95/79 is in itself capable of giving rise to the grant of
     State aid within the meaning of Article 92(1) of the Treaty, that      1. Declares that, by failing to ensure that emergency plans are
     system cannot be put into operation unless it has been notified to          drawn up for action outside the establishments in respect of
     the Commission and, if it has been so notified, before the                  whose industrial activity notification has been given pursuant to
     Commission has made a decision acknowledging that the aid                   Article 5 of Council Directive 82/501/EEC of 24 June 1982
     plan is compatible with the common market, or, if the Com-                  on the major-accident hazards of certain industrial activities, and
     mission takes no decision within a period of two months from                by failing to organise inspections or other measures of control
     the notification. before that period has expired.                           proper to the type of industrial activity concerned, in breach of
                                                                                 the third indent of Article 7(1) and Article 7(2) of the directive,
                                                                                 the Italian Republic has failed to fulfil its obligations thereunder;
(1) OJ C 295 of 27.9.1997.                                                  2. Orders the Italian Republic to pay the costs.
                                                                            (1) OJ C 357 of 22.11.1997.