CELEX: C2002/084/15
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 24 January 2002 in Case C-372/99: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 93/13/CEE — Unfair terms in contracts concluded with consumers — Means to prevent the use of those clauses)

6.4.2002                 EN                      Official Journal of the European Communities                                                C 84/9
Notwithstanding what is provided in Article 6(3) of the Agreement           1.    Declares that, by failing to adopt the measures necessary to
on Social Policy, a provision such as Article L. 12(b) of the French              transpose in full Article 7(3) of Council Directive 93/13/CEE
Civil and Military Retirement Pensions Code infringes the principle               of 5 December 1993 on unfair terms in consumer contracts,
of equal pay inasmuch as it excludes male civil servants who are able             the Italian Republic has failed to fulfil its obligations under the
to prove that they assumed the task of bringing up their children                 Directive;
from entitlement to the credit which it introduces for the calculation
of retirement pensions.                                                     2.    Orders the Italian Republic to pay the costs.
(1) OJ C 366 of 18.12.1999.                                                 (1) OJ C 352 of 4.12.1999.
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                           (Fifth Chamber)                                                             (Fifth Chamber)
                         of 24 January 2002                                                         of 6 December 2001
in Case C-372/99: Commission of the European Communi-                       in Case C-373/99: Hellenic Republic v Commission of the
                      ties v Italian Republic (1)                                               European Communities (1)
(Failure by a Member State to fulfil its obligations —                      (EAGGF — Clearance of accounts — 1995 financial year
Directive 93/13/CEE — Unfair terms in contracts concluded                               — Fruit and vegetables — Arable crops)
with consumers — Means to prevent the use of those clauses)
                                                                                                        (2002/C 84/16)
                            (2002/C 84/15)
                                                                                                 (Language of the case: Greek)
                     (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-372/99, Commission of the European Communities                    In Case C-373/99: Hellenic Republic (Agents: V. Kontolaimos
(agent: P. Stancanelli) v Italian Republic (agents: initially               and I.-K. Chalkias) v Commission of the European Communi-
U. Leanza, assisted by P.G. Ferri and, subsequently, U. Leanza,             ties (Agent: M. Condou-Durande) — application for partial
assisted by G. de Bellis): Application for a declaration that, by           annulment of Commission Decision 1999/596/EC of 28 July
failing to adopt the measures necessary to:                                 1999 amending Decision 1999/187/EC on the clearance of
                                                                            the accounts presented by the Member States in respect of the
                                                                            expenditure for 1995 of the Guarantee Section of the European
—      apply the provisions of Council Directive 93/13/EEC of               Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 1999
       5 April 1993 on unfair terms in consumer contracts (OJ               L 226, p. 26) — the Court (Fifth Chamber), composed of:
       1993 L 95, p. 29) to all contracts concluded between                 P. Jann, President of the Chamber, S. von Bahr, D.A.O. Edward,
       consumers and sellers or suppliers;                                  A. La Pergola and L. Sevón (Rapporteur), Judges; A. Tizzano,
                                                                            Advocate General; L. Hewlett, Administrator, for the Registrar,
—      transpose the third sentence of Article 5 of that directive,         has given a judgment on 6 December 2001, in which it:
       and
—      transpose in full Articles 6(2) and 7(3) of that directive,          1.    Dismisses the application;
       the Italian Republic has failed to fulfil its obligations
       under that directive,                                                2.    Orders the Hellenic Republic to pay the costs.
the Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
President of the Chamber, D.A.O. Edward and A. La Pergola,                  (1) OJ C 6 of 8.1.2000.
Judges, Advocate General: S. Alber, Registrar: R. Grass, has
given a judgment on 24 January 2001, in which it has ruled: