CELEX: C1995/315/21
Language: en
Date: 1995-11-25 00:00:00
Title: Action brought on 3 October 1995 by the Commission of the European Communities against the Italian Republic (Case C-314/95)

25 . 11 . 95             EN                    Official Journal of the European Communities                                   No C 315 / 11
Action brought on 3 October 1995 by the Commission of                           provisions necessary to comply with Directives
   the European Communities against the Italian Republic                        92/45/EEC ( ] ), 92/46/EEC ( 2 ), 92/65/EEC ( 3 ), 92/88/
                           ( Case C-3 13/95                                     EEC (4 ), 92/116/EEC ( 5 ), 92/117/EEC ( 6 ) and 92/118/
                                                                                EEC ( 7), the Italian Republic has failed to fulfil its
                              ( 95/C 315/20 )
                                                                                obligations under those Directives and the EC Treaty .
An action against the Italian Republic was brought before                 2 . Order the Italian Republic to pay the costs .
the Court of Justice of the European Communities on
3 October 1995 by the Commission of the European                          Pleas in law and main arguments adduced in support:
Communities , represented by Eugenio de March, Legal
Adviser, acting as Agent, with an address for service in                  Article 189 of the EC Treaty, which provides that a directive
Luxembourg at the office of Carlos Gomez de la Cruz,                      is binding, as to the result to be achieved, upon the Member
Wagner Centre, Kirchberg .                                                State to which it is addressed, places Member States under
                                                                          an obligation to comply with the time limits prescribed in
The applicant claims that the Court should :                              directives for their transposition . In the case of Directives
                                                                          92/45/EEC, 92/46/EEC, 92/65/EEC, 92/116/EEC, 92/ 117/
1 . Declare that, by not adopting within the prescribed                   EEC and 92/ 118/EEC, the periods prescribed expired on
       period the laws, regulations and administrative                    1 January 1994 and, in the case of Directive 92/88/EEC, it
       provisions necessary to comply with Directives                     expired on 31 December 1993 ; in each case, the Italian
       92/66/EEC C ) and 92/119/EEC ( 2 ), the Italian Republic           Republic had failed to adopt the provision necessary to
       has failed to fulfil its obligations under those Directives        comply with the Directive in question by the required
                                                                          date .
       and the EC Treaty .
2 . Order the Italian Republic to pay the costs .                         0)   OJ   No  L 268 , 14 . 9 . 1992 , p . 35 .
                                                                          (2)  OJ   No  L 268 , 14 . 9 . 1992 , p . 1 .
                                                                          (3)  OJ   No  L 268 , 14 . 9 . 1992 , p . 54 .
Pleas in law and main arguments adduced in support:                       (4)  OJ   No  L 321 , 6 . 11 . 1992 , p . 24 .
                                                                          (s)  OJ   No  L 62 , 15 . 3 . 1993 , p . 1 .
Article 189 of the EC Treaty, which provides that a directive             (6)   OJ  No  L 62 , 15 . 3 . 1993 , p . 38 .
is binding, as to the result to be achieved, upon the Member              (7)   OJ  No  L 62 , 15 . 3 . 1993 , p . 49 .
State to which it is addressed, places Member States under
an obligation to comply with the time limits prescribed in
directives for their transposition .
The prescribed periods expired on 1 October 1993 , at which
time the Italian Republic had failed to adopt the provisions              Action brought on 3 October 1995 by the Commission of
necessary for implementation of the Directives referred to in                the European Communities against the Italian Republic
the forms of order sought by the Commission .                                                          ( Case C-3 15 /95 )
                                                                                                         ( 95 /C 315/22 )
 (') OJ No L 260 , 5 . 9 . 1992 , p . 1 .
 ( 2 ) OJ No L 62 , 15 . 3 . 1993 , p . 69 .                              An action against the Italian Republic was brought before
                                                                           the Court of Justice of the European Communities on
                                                                           3 October 1995 by the Commission of the European
                                                                           Communities, represented by Eugenio de March, Legal
                                                                           Adviser, acting as Agent, with an address for service in
                                                                           Luxembourg at the office of Carlos Gomez de la Cruz,
 Action brought on 3 October 1995 by the Commission of                     Wagner Centre, Kirchberg .
    the European Communities against the Italian Republic
                            ( Case C-3 14/95 )                             The applicant claims that the Court should :
                               ( 95/C 315/21 )
                                                                           1 . Declare that, by not adopting within the prescribed
                                                                                 periods the laws, regulations and administrative
 An action against the Italian Republic was brought before                       provisions necessary to comply with Directives
 the Court of Justice of the European Communities on                             93/48/EEC {'), 93/49/EEC ( 2 ), 93/52/EEC ( 3 ), 93/61 /
  3 October 1995 by the Commission of the European                               EEC (4 ) and 93/85/EEC ( 5 ), the Italian Republic has
  Communities, represented by Eugenio de March, Legal                            failed to fulfil its obligations under those Directives and
 Adviser, acting as Agent, with an address for service in                        the EC Treaty .
  Luxembourg at the office of Carlos Gomez de la Cruz,
 Wagner Centre, Kirchberg.                                                 2 . Order the Italian Republic to pay the costs .
 The applicant claims that the Court should:                               Pleas in law and main arguments adduced in support:
  1 . Declare that, by not adopting within the prescribed                  Article 189 of the EC Treaty, which provides that a directive
        periods the laws, regulations and administrative                    is binding, as to the result to be achieved, upon the Member