CELEX: C2002/323/32
Language: en
Date: 2002-12-21 00:00:00
Title: Judgment of the Court (First Chamber) of 7 November 2002 in Case C-352/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC)

21.12.2002                EN                      Official Journal of the European Communities                                              C 323/23
Chamber), composed of: C. Gulmann, acting for the President                  (Agents: G. de Bergues and D. Colas also by C. Isidoro):
of the Second Chamber, V. Skouris and N. Colneric (Rappor-                   Application for a declaration that, by failing to adopt all the
teur), Judges; A. Tizzano, Advocate General; H. von Holstein,                laws, regulations and administrative provisions necessary to
Deputy Registrar, has given a judgment on 7 November 2002,                   comply with Council Directive 97/11/EC of 3 March 1997
in which it has ruled:                                                       amending Directive 85/337/EEC on the assessment of the
                                                                             effects of certain public and private projects on the environ-
1.    Articles 3 and 5 of Council Regulation (EEC) No 881/92 of              ment (OJ 1997 L 73, p. 5), alternatively by failing to inform
      26 March 1992 on access to the market in the carriage of               the Commission of those provisions, the French Republic has
      goods by road within the Community to or from the territory of         failed to fulfil its obligations under that directive, the Court
      a Member State or passing across the territory of one or more          (Sixth Chamber), composed of: J.-P. Puissochet, President of
      Member States, and Article 14 of Council Regulation (EEC)              the Chamber, R. Schintgen, C. Gulmann (Rapporteur),
      No 3821/85 of 20 December 1985 on recording equipment                  V. Skouris and J.N. Cunha Rodrigues, Judges; A. Tizzano,
      in road transport, both in its original version and in that            Advocate General; M.-F. Contet, Administrator, for the Regis-
      resulting from Council Regulation (EC) No 2135/98 of                   trar, has given a judgment on 7 November 2002, in which it:
      24 September 1998, do not permit a road haulage company
      established in one Member State, which hires out vehicles              1.    Declares that, by failing to adopt within the prescribed time-
      without drivers to a road haulage company established in                     limit all the laws, regulations and administrative provisions
      another Member State, to transfer the benefit of its own                     necessary to comply with Article 1(7) and (11) of Council
      Community authorisation to the lessee or to retain the                       Directive 97/11/EC of 3 March 1997 amending Directive
      management of the tachograph discs of the hired vehicles.                    85/337/EEC on the assessment of the effects of certain public
                                                                                   and private projects on the environment, the French Republic
2.    Article 2(1) of Council Directive 84/647/EEC of 19 December                  has failed to fulfil its obligations under that directive;
      1984 on the use of vehicles hired without drivers for the
      carriage of goods by road, as amended by Council Directive 90/         2.    Orders the French Republic to pay the costs.
      398/EEC of 24 July 1990, should be interpreted as meaning
      that, subject to the possible application of Article 4 of that
                                                                             (1 ) OJ C 331 of 24.11.2001.
      directive, vehicles hired without drivers must be registered in the
      Member State in which the lessee road haulage company is
      established.
( 1) OJ C 227 of 11.8.2001.
                                                                                               JUDGMENT OF THE COURT
                                                                                                         (First Chamber)
                                                                                                     of 7 November 2002
                   JUDGMENT OF THE COURT
                                                                             in Case C-352/01: Commission of the European Communi-
                            (Sixth Chamber)                                                      ties v Kingdom of Spain (1)
                         of 7 November 2002                                  (Failure by a Member State to fulfil its obligations — Failure
                                                                                              to transpose Directive 98/8/EC)
in Case C-348/01: Commission of the European Communi-
                       ties v French Republic ( 1)                                                       (2002/C 323/32)
(Failure of a Member State to fulfil its obligations —                                           (Language of the case: Spanish)
Directive 97/11/EC — Environmental impact assessment of
certain public and private projects — Incomplete transpo-                    (Provisional translation; the definitive translation will be published
                                 sition)                                                         in the European Court Reports)
                            (2002/C 323/31)
                                                                             In Case C-352/01, Commission of the European Communities
                      (Language of the case: French)                         (Agent: G. Valero Jordana) v Kingdom of Spain (Agent:
                                                                             L. Fraguas Gadea): Application for a declaration that, by failing
(Provisional translation; the definitive translation will be published       to adopt the laws, regulations and administrative provisions
                     in the European Court Reports)                          necessary to comply with Directive 98/8/EC of the European
                                                                             Parliament and of the Council of 16 February 1998 concerning
                                                                             the placing of biocidal products on the market (OJ 1998
                                                                             L 123, p. 1) or, in any event, by failing to communicate them
In Case C-348/01, Commission of the European Communities                     to the Commission, the Kingdom of Spain has failed to fulfil
(Agents: G. zur Hausen and J. Adda) v French Republic                        its obligations under that directive, the Court, composed of:
 ---pagebreak--- C 323/24                   EN                      Official Journal of the European Communities                                         21.12.2002
M. Wathelet (Rapporteur), President of the Chamber, P. Jann                   A directive may not, of itself, impose obligations on a private
and A. Rosas, Judges; J. Mischo, Advocate General; R. Grass,                  individual and may not therefore be relied on as such against such a
Registrar, has given a judgment on 7 November 2002, in                        person.
which it:
1.    Declares that, by failing to adopt, within the prescribed period,       (1 ) OJ C 245 of 1.9.2001.
      the laws, regulations and administrative measures necessary to
      comply with Directive 98/8/EC of the European Parliament
      and of the Council of 16 February 1998 concerning the placing
      of biocidal products on the market, the Kingdom of Spain has
      failed to fulfil its obligations under that Directive;
2.    Orders the Kingdom of Spain to pay the costs.
                                                                                                  ORDER OF THE COURT
( 1) OJ C 317 of 10.11.2001.
                                                                                                        (Fifth Chamber)
                                                                                                      of 3 October 2002
                      ORDER OF THE COURT
                            (Third Chamber)                                   in Case C-273/01 (reference for a preliminary ruling from
                                                                              the Tribunale di Bari): Walter Ferro v Giovanni Santoro (1)
                          of 24 October 2002
in Case C-233/01 (Reference for a preliminary ruling from                     (Article 104(3) of the Rules of Procedure — Council
the Giudice di pace di Palermo): Riunione Adriatica di                        Directive 86/653/EEC of 18 December 1986 on the coordi-
             Securtà SpA (RAS) v Dario Lo Bue (1)                             nation of the laws of the Member States relating to self-
                                                                                  employed commercial agents — Applicability to brokers)
(Article 104(3) of the Rules of Procedure — Directives 73/
239/EEC and 92/49/EEC — Freedom to set premium rates                                                    (2002/C 323/34)
— Possibility of relying on a directive against an individual)
                             (2002/C 323/33)                                                      (Language of the case: Italian)
                      (Language of the case: Italian)
                                                                              (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                           in the European Court Reports)
                     in the European Court Reports)
In Case C-233/01: Reference to the Court under Article 234                    In Case C-273/01: reference to the Court under Article 234
EC by the Giudice di pace di Palermo (Italy) for a preliminary                EC from the Triunale di Bari (Italy) for a preliminary ruling in
ruling in the proceedings pending before that court between                   the proceedings pending before that court between Walter
Riunione Adriatica di Securtà SpA (RAS) and Dario Lo Bue, on                  Ferro and Giovanni Santoro — on the interpretation of
the interpretation of Article 8(3) of the First Council Directive             Council Directive 86/653/EEC of 18 December 1986 on the
73/239/EEC of 24 July 1973 on the coordination of laws,                       coordination of the laws of the Member States relating to self-
regulations and administrative provisions relating to the                     employed commercial agents (OJ 1986 L 382, p. 17) — the
taking-up and pursuit of the business of direct insurance other               Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
than life assurance (OJ 1973 L 228, p. 3), in its version                     President of the Chamber, D.A.O. Edward, A. La Pergola,
resulting from Council Directive 92/49/EEC of 18 June 1992                    M. Wathelet and A. Rosas, Judges; F.G. Jacobs, Advocate
on the coordination of laws, regulations and administrative                   General; R. Grass, Registrar, has made an order in which it has
provisions relating to direct insurance other than life assurance             ruled:
and amending Directives 73/239/EEC and 88/357/EEC (third
non-life insurance Directive) (OJ 1992 L 228, p. 1), and of
Articles 29 and 39 of Directive 92/49, the Court (Third                       The provisions of Council Directive 86/653/EEC of 18 December
Chamber), composed of: J.-P. Puissochet, President of the                     1986 on the coordination of the laws of the Member States relating
Chamber, F. Macken and J.N. Cunha Rodrigues (Rapporteur),                     to self-employed commercial agents must be interpreted as meaning
Judges; S. Alber, Advocate General; R. Grass, Registrar, after                that they do not apply to national legislation which makes the
informing the national court that the Court proposes to give                  entitlement of brokers to remuneration conditional upon the name of
its decision by reasoned order pursuant to Article 104(3) of its              the broker being entered in a register established for that purpose.
Rules of Procedure, after inviting the interested parties referred
to in Article 20 of the EC Statute of the Court of Justice to
                                                                              (1 ) OJ C 289 of 13.10.2001.
submit any observations they might have in that regard, has
made an order on 24 October 2002, the operative part of
which is as follows: