CELEX: C1997/009/16
Language: en
Date: 1997-01-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 7 November 1996 in Case C-315/95: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Failure to transpose Directives 93/48/EEC, 93/49/EEC, 93/52/EEC, 93/61/EEC and 93/85/EEC)

11.1.97              I EN |               Official Journal of the European Communities                                     No C 9/9
— Council Directive 86/280/EEC of 12 June 1986 on                                     JUDGMENT OF THE COURT
      limit values and quality objectives for discharges of                                   ( Sixth Chamber)
      certain dangerous substances included in List I of the
      Annex to Directive 76/464/EEC (6 ),                                                   of 7 November 1996
                                                                      in    Case    C-3 15/95 : Commission of the European
                                                                                    Communities v. Italian Republic ( ')
and in particular with Article 3 of each of those
Directives, the Federal Republic of Germany has failed to              (Failure to fulfil obligations — Failure to transpose
fulfil its obligations pursuant to the EC Treaty — the                Directives 93/48/EEC, 93/49/EEC, 93/52/EEC, 93/61/
Court ( Sixth Chamber), composed of: G. F. Mancini,                                        EEC and 93/85/EEC)
President of the Chamber, J. L. Murray ( Rapporteur ),                                            ( 97/C 9/16 )
C. N. Kakouris, P. J. G. Kapteyn and H. Ragnemalm,
Judges; P. Leger, Advocate-General; R. Grass, Registrar,
has given a judgment on 7 November 1996, in which it:                                  (Language of the case: Italian)
1 . Declares that, by not adopting, within the prescribed               (Provisional translation; the definitive translation will be
      time-limits, the necessary measures to comply with:                        published in the European Court Reports)
     — Council Directive 82/176/EEC of 22 March 1982                  In Case C-3 15/95 : Commission of the European
          on limit values and quality objectives for mercury          Communities (Agent: Eugenio de March ) v. Italian
          discharges by the chlor-alkali electrolysis industry,       Republic (Agent: Professor Umberto Leanza, assisted by
                                                                      Ivo Braguglia ) — application for a declaration that, by not
                                                                      adopting and bringing into force within the prescribed
     — Council Directive 83/513/EEC of 26 September                   periods the laws, regulations and administrative provisions
          1983 on limit values and quality objectives for             necessary to comply with:
          cadmium discharges,
                                                                      — Commission Directive 93/48/EEC of 23 June 1993
     — Council Directive 84/156/EEC of 8 March 1984                        setting out the schedule indicating the conditions to be
          on limit values and quality objectives for mercury               met by fruit plant propagating material and fruit
          discharges by sectors other than the chlor-alkali                plants intended for fruit production, pursuant to
          electrolysis industry,                                           Council Directive 92/34/EEC (2 ),
     — Council Directive 84/491 /EEC of 9 October 1984                — Commission Directive 93/49/EEC of 23 June 1993
          on limit values and quality objectives for                       setting out the schedule indicating the conditions to be
          discharges of hexachlorocyclohexane, and                         met by ornamental plant propagating material and
                                                                           ornamental plants pursuant to Council Directive 91/
                                                                           682/EEC ( 3 ),
     — Council Directive 86/280/EEC of 12 June 1986 on
          limit values and quality objectives for discharges of
          certain dangerous substances included in List I of          — Council Directive 93/52/EEC of 24 June 1993
          the Annex to Directive 76/464/EEC,                               amending Directive 89/556/EEC on animal health
                                                                           conditions governing intra-Community trade in and
                                                                           importation from third countries of embryos of
                                                                           domestic animals of the bovine species ( 4),
     and in particular with Article 3 of each of those
     Directives, the Federal Republic of Germany has failed
     to fulfil its obligations under those Directives.                — Commission Directive 93/61/EEC of 2 July 1993
                                                                           setting out the schedules indicating the conditions to
                                                                           be met by vegetable propagating and planting
2 . Orders the Federal Republic of Germany to pay the                      material, other than seed pursuant to Council
     costs.
                                                                           Directive 92/33/EEC ( 5 ), and
(!)  OJ No C 248 , 23 . 9 . 1995 , p . 9 .                            — Council Directive 93/85/EEC of 4 October 1993 on
(2)  OJ No L 81 , 27. 3 . 1982 , p . 29 .                                  the control of potato ring rot ( 6 ),
(3)  OJ No L 291 , 24 . 10 . 1983 , p. 1 .
(4 ) OJ No L 74 , 17. 3 . 1984, p. 49 .
(5)  OJ No L 274, 17. 10 . 1984, p . 11                               the Italian Republic has failed to fulfil its obligations
(6)  OJ No L 181,4 . 7. 1986 , p . 16 .                               pursuant to those Directives and pursuant to the EC
                                                                      Treaty — the Court ( Sixth Chamber), composed of: G. F.
                                                                      Mancini, President of the Chamber, J. L. Murray, C. N.
                                                                      Kakouris ( Rapporteur ), P. J. G. Kapteyn and H.
 ---pagebreak--- No C 9/ 10             1 EN                  Official Journal of the European Communities                                    11 . 1 . 97
Ragnemalm, Judges; D. Ruiz-Jarabo Colomer, Advocate-                    Bravo-Ferrer Delgado, Abodago del Estado ), the
General; R. Grass, Registrar, has given a judgment on                   Commission of the European Communities (Agent:
7 November 1996, in which it:                                           Nicholas Khan ), and the Kingdom of Belgium (Agent: Jan
                                                                        Devadder) — application for the annulment of Council
1 . Declares that, by not adopting and bringing into force              Directive 93/ 104/EC of 23 November 1993 concerning
      within the prescribed periods the laws, regulations and           certain aspects of the organization of working time (2 )
      administrative provisions necessary to comply with:               and, in the alternative, of Article 4, the first and second
      — Commission Directive 93/48/EEC of 23 June 1993                  sentences of Article 5 , Article 6 (2 ) and Article 7 of that
          setting out the schedule indicating the conditions            Directive — the Court, composed of: G. C. Rodriguez
          to be met by fruit plant propagating material and             Iglesias, President, G. F. Mancini , J. C. Moitinho de
          fruit plants intended for fruit production, pursuant          Almeida ( Rapporteur), J. L. Murray and L. Sevón
          to Council Directive 92/34/EEC,                               ( Presidents of Chambers ), C. N. Kakouris, P. J. G.
                                                                        Kapteyn, C. Gulmann, D. A. O. Edward, J. -P. Puissochet,
      — Commission Directive 93/49/EEC of 23 June 1993                  G. Hirsch, P. Jann and H. Ragnemalm, Judges; P. Leger,
          setting out the schedule indicating the conditions            Advocate-General ; L. Hewlett, Administrator, for the
          to be met by ornamental plant propagating                     Registrar, has given a judgment on 12 November 1996 , in
          material and ornamental plants pursuant to                    which it:
          Council Directive 91 /682/EEC,
      — Council Directive 93/52/EEC of 24 June 1993                     1 . Annuls the second sentence of Article 5 of Council
          amending Directive 89/556/EEC on animal health                      Directive 93/104/EC of 23 November 1993
          conditions governing intra- Community trade in                      concerning certain aspects of the organization of
          and importation from third countries of embryos                     working time.
          of domestic animals of the bovine species,
                                                                        2 . Dismisses the remainder of the application.
      — Commission Directive 93/61 /EEC of 2 July 1993
          setting out the schedules indicating the conditions
                                                                        3 . Orders the United Kingdom of Great Britain and
          to be met by vegetable propagating and planting
                                                                              Northern Ireland to pay the costs.
          material, other than seed pursuant to Council
          Directive 92/33/EEC,
                                                                        4 . Orders the Kingdom of Belgium, the Kingdom of
      the Italian Republic has failed to fulfil its obligations               Spain and the Commission of the European
      pursuant to Article 10 of Directive 93/48/EEC,                          Communities to bear their own costs.
      Article 8 of Directive 93/49/EEC, Article 2 of
      Directive 93/52/EEC and Article 7 of Directive 93/61 /            0 ) OJ No C 120 , 30 . 4 . 1994 , p. 13 .
      EEC.                                                              ( 2 ) OJ No L 307, 13 . 12 . 1993 , p . 18 .
2 . Orders the Italian Republic to pay the costs.
0)    OJ No  C 315 , 25 . 11 . 1995 , p . 11
(2 )  OJ No L 250, 7. 10. 1993 , p . 1 .
(3 )  OJ No L 250, 7. 10 . 1993 , p. 9.
(4 )  OJ No L 175, 19 . 7. 1993 , p. 21 .                               Reference for a preliminary ruling by the Pretura
(5 )  OJ No L 250, 7. 10 . 1993 , p. 19 .                               Circondariale di Pavia by order of that court of
(6 )  OJ No L 259, 18 . 10 . 1993 , p . 1 .                             17 October 1996 in the criminal proceedings pending
                                                                        before that court against Luigi Bazzan, Adriano Filippo
                                                                                        Calvini and Agostino Traverso
                                                                                                 ( Case C-359/96 )
                                                                                                     ( 97/C 9/18 )
                JUDGMENT OF THE COURT
                        of 12 November 1996
                                                                        Reference has been made to the Court of Justice of
in Case C-84/94: United Kingdom of Great Britain and                    the European Communities by order of the Pretura
     Northern Ireland v. Council of the European Union ( ' )            Circondariale di Pavia ( Pavia District Court) of 17 October
(Council Directive 93/104/EC concerning certain aspects                 1996, which was received at the Court Registry on
of the organization of working time — Action for                        4 November 1996 , for a preliminary ruling in the criminal
                               annulment)                               proceedings pending before that court against Luigi
                                                                        Bazzan, Adriano Filippo Calvini and Agostino Traverso on
                               ( 97/C 9/17)                             the questions whether Article 1 ( 1 ) of Law No 1369 of
                 (Language of the case: English)                        23 October 1960, in conjunction with Article 11 ( 1 ) of
                                                                        Law No 264 of 29 April 1949, is compatible with the
In Case C-84/94 : United Kingdom of Great Britain and                   Community principles enshrined in Articles 48 , 49, 54 and
Northern Ireland (Agent: John E. Collins, assisted by                   90 of the EC Treaty and whether those principles are
Michael J. Beloff and Eleanor Sharpston) v. Council of the              directly applicable, with the result that the Italian
European Union (Agents: Antonio Sacchettini, Jill Aussant               legislation must be disapplied.
and Sophia Kyriakopoulou), supported by the Kingdom of
Spain (Agents : Alberto Navarro Gonzalez and Miguel