CELEX: C2002/305/10
Language: en
Date: 2002-12-07 00:00:00
Title: Judgment of the Court (Third Chamber) of 15 October 2002 in Case C-328/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to implement Directive 1999/28/EC)

7.12.2002                EN                        Official Journal of the European Communities                                            C 305/7
                  JUDGMENT OF THE COURT                                                         JUDGMENT OF THE COURT
                           (Third Chamber)                                                              (Third Chamber)
                         of 15 October 2002                                                           of 15 October 2002
                                                                              in Case C-328/01: Commission of the European Communi-
in Case C-327/01: Commission of the European Communi-
                                                                                                         ties v Ireland ( 1)
                             ties v Ireland ( 1)
                                                                              (Failure by a Member State to fulfil its obligations — Failure
(Failure by a Member State to fulfil its obligations — Failure                               to implement Directive 1999/28/EC)
                to implement Directive 98/20/EC)
                                                                                                         (2002/C 305/10)
                            (2002/C 305/09)
                                                                                                  (Language of the case: English)
                    (Language of the case: English)
                                                                              (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-328/01, Commission of the European Communities
In Case C-327/01, Commission of the European Communities                      (Agent: M. Huttunen) v Ireland (Agents: D.J. O’Hagan and
(Agent: M. Huttunen) v Ireland (Agents: D.J. O’Hagan and                      C. O’Rourke): Application for a declaration that, by failing
C. O’Rourke): Application for a declaration that, by failing                  to adopt the laws, regulations or administrative provisions
to adopt the laws, regulations or administrative provisions                   necessary to comply with Commission Directive 1999/28/EC
necessary to comply with Council Directive 98/20/EC of                        of 21 April 1999 amending the Annex to Council Directive
30 March 1998 amending Directive 92/14/EEC on the limi-                       92/14/EEC on the limitation of the operation of aeroplanes
tation of the operation of aeroplanes covered by Part II,                     covered by Part II, Chapter 2, Volume 1 of Annex 16 to the
Chapter 2, Volume 1 of Annex 16 to the Convention on                          Convention on International Civil Aviation, second edition
International Civil Aviation, second edition (1988) (OJ 1988                  (1988) (OJ 1999 L 118, p. 53) or, in any event, by failing to
L 107, p. 4) or, in any event, by failing to inform the                       inform the Commission of the adoption of those measures,
Commission of the adoption of those measures, Ireland has                     Ireland has failed to fulfil its obligations under that directive,
failed to fulfil its obligations under that directive, the Court              the Court (Third Chamber), composed of: J.-P. Puissochet
(Third Chamber), composed of: J.-P. Puissochet (Rapporteur),                  (Rapporteur), President of the Chamber, F. Macken and
President of the Chamber, F. Macken and J.N. Cunha Rodrigues,                 J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;
Judges; J. Mischo, Advocate General; R. Grass, Registrar, has                 R. Grass, Registrar, has given a judgment on 15 October 2002,
given a judgment on 15 October 2002, in which it:                             in which it:
                                                                              1.    Declares that, by failing to adopt, within the prescribed
1.    Declares that, by failing to adopt, within the prescribed
                                                                                    time-limit, the laws, regulations or administrative provisions
      time-limit, the laws, regulations or administrative provisions
                                                                                    necessary to comply with Commission Directive 1999/28/EC
      necessary to comply with Council Directive 98/20/EC of
                                                                                    of 21 April 1999 amending the Annex to Council Directive
      30 March 1998 amending Directive 92/14/EEC on the
                                                                                    92/14/EEC on the limitation of the operation of aeroplanes
      limitation of the operation of aeroplanes covered by Part II,
                                                                                    covered by Part II, Chapter 2, Volume 1 of Annex 16 to the
      Chapter 2, Volume 1 of Annex 16 to the Convention on
                                                                                    Convention on International Civil Aviation, second edition
      International Civil Aviation, second edition (1988), Ireland
                                                                                    (1988), Ireland has failed to fulfil its obligations under that
      has failed to fulfil its obligations under that directive;
                                                                                    directive;
2.    Orders Ireland to pay the costs.                                        2.    Orders Ireland to pay the costs.
( 1) OJ C 317 of 10.11.2001.                                                  (1 ) OJ C 317 of 10.11.2001.