CELEX: C1996/336/22
Language: en
Date: 1996-11-09 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 11 July 1996 in Case C-303/95: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Directive 91/157/EEC)

No C 336/ 12            EN                 Official Journal of the European Communities                                       9 . 11 . 96
updated by Council Regulation ( EEC ) No 2001 /83 of 2 June           Murray, P. Jann and M. Wathelet, Judges; Advocate
1983 ( 2 ), and Article 7 of Council Regulation ( EEC )               General : N. Fennelly; L. Hewlett, Administrator, acting as
No 574/72 of 21 March 1972 laying down the procedure for              Registrar, gave a judgment on 11 July 1996 , the operative
implementing Regulation ( EEC ) No 1408/71 , as amended               part of which is as follows :
and updated by Regulation ( EEC ) No 2001 /83 ( 3 ) — the
Court ( Fifth Chamber ), composed of D. A. O. Edward ,                1 . Article 4 (1 ) or (2) of Council Directive 79/409/EEC of
President of the Chamber, J. -P. Puissochet, J. C. Moitinho                  2 April 1979 on the conservation of wild birds is to be
de Almeida ( Rapporteur ), C. Gulmann and P. Jann , Judges,                  interpreted as meaning that a Member State is not
Advocate-General : D. Ruiz-Jarabo Colomer, Registrar: H.                     authorized to take account of the economic
von Holstein, Deputy Registrar, gave a judgment on 11 July                   requirements mentioned in Article 2 thereof when
1996 , the operative part of which is as follows :                           designating a Special Protection Area and defining its
                                                                             boundaries.
Article 4 ( I ) and (2) of Council Regulation (EEC)
No 1408/71 of 14 June 1971 on the application of social               2 . Article 4 (1 ) or (2) of Directive 79/409/EEC is to be
security schemes to employed persons, to self-employed                       interpreted as meaning that a Member State may not,
persons and to members of their families moving within the                   when designating a Special Protection Area and defining
Community, as amended and updated by Council                                 is boundaries, take account ofeconomic requirements as
Regulation (EEC) No 2001 /83 of 2 june 1983 , must be                        constituting a general interest superior to that
interpreted as not applying to benefits which, like those                    represented by the ecological objective of that
provided for by the 1971 and 1988 guidelines on the                          directive.
granting of the adaptation allowance to employees in the
coal-mining industry, are granted by a Member State in the            3 . Article 4 (1 ) or (2) of Directive 79/409/EEC is to be
form of non-compulsory subsidies to workers from the time                    interpreted as meaning that a Member State may not,
at which they are laid off to the time at which they attain                  when designating a Special Protection Area and defining
retirement age.                                                              its boundaries, take account of economic requirements
                                                                             which may constitute imperative reasons of overriding
(') OJ No C 87, 8 . 4.1995 .                                                 public interest of the kind referred to in Article 6 (4) of
( 2 ) OJ No L 230, 1983 , p . 6 .                                            Directive 92/43/EEC of 21 May 1992 on the
(■') OJ No L 230, 1983 , p . 86 .                                            conservation of the natural habitats of wild fauna and
                                                                             flora.
                                                                      (') OJ No C 101 , 22 . 4 . 1995 .
                                                                      ( 2 ) OJ No L 103 , 1979 , p . 1 .
                  JUDGMENT OF THE COURT
                          of 11 July 1996
in Case C-44/95 ( reference for a preliminary ruling from the
House of Lords ): Regina v. Secretary of State for the                                  JUDGMENT OF THE COURT
Environment ex parte : Royal Society for the Protection of                                       ( Fifth Chamber)
       Birds supported by Port of Sheerness Limited ( J )
                                                                                                  of 11 July 1996
 (Directive 79/409/EEC on the conservation of wild birds —
Directive 92/43/EEC on the conservation of the natural                in Case C-303/95 : Commission of the European Commu­
habitats of wild fauna and flora — Delimitation of Special                                 nities v. Italian Republic (')
Protection Areas — Discretion enjoyed by the Member                        (Failure to fulfil obligations — Directive 91/157/EEC)
States — Economic and social considerations — Lappel                                               ( 96/C 336/22 )
                                Bank)
                           ( 96/C 336/21 )                                               (Language of the case: Italian)
                   (Language of the case: English)                    (Provisional translation; the definitive translation will be
                                                                                  published in the European Court Reports)
In Case C-44/95 : reference to the Court pursuant to
Article 177 of the EC Treaty by the House of Lords for a              In Case C-303/95 : Commission of the European
preliminary ruling in the proceedings pending before that             Communities ( Agents: Laura Pignataro and Maria
court in the case of Regina v. Secretary of State for the             Kontou-Durande ) v. Italian Republic ( Agents : Umberto
Environment, ex parte: Royal Society for the Protection of            Leanza , assisted by Oscar Fiumara ) — application for a
 Birds supported by Port of Sheerness Limited, on the                 declaration by the Court that, by not adopting the laws,
 interpretation of Articles 2 and 4 of Council Directive              regulations and administrative provisions necessary to
 79/409/EEC of 2 April 1979 on the conservation of wild               comply with Council Directive 91 / 157/EEC of 18 March
 birds ( 2 ), the Court composed of: G. C. Rodriguez Iglesias,         1991 on batteries and accumulators containing certain
President, D. A. O. Edward, J. -P. Puissochet, G. Hirsch              dangerous substances ( 2 ), or at least by failing to inform the
 ( Presidents of Chambers ), G. F. Mancini, J. C. Moitinho de         Commission of those provisions, the Italian Republic has
Almeida , P. J. G. Kaptevn, C. Gulmann ( Rapporteur ), J. L.          failed to fulfil its obligations under that Directive — the
 ---pagebreak--- 9 . 11 . 96            EN                  Official Journal of the European Communities                                   No C 336/ 13
Court ( Fifth Chamber ), composed of: D. A. O. Edward,                      Directive 64/433/EEC, the Hellenic Republic has failed
President of the Chamber, J.-P. Puissochet, C. Gulmann, P.                  to fulfil its obligations pursuant to Article 3 of Directive
Jann and M. Wathelet ( Rapporteur ), Judges; C. O. Lenz,                    92/5/EEC;
Advocate-General; R. Grass, Registrar, has given a
judgment on 11 July 1996 , in which it:
                                                                      2 . Orders the Hellenic Republic to pay the costs.
1 . Declares that, by not adopting within the prescribed
                                                                      (') OJ No C 299 , 11 . 11 . 1995 .
      period the laws, regulations and administrative
                                                                      ( 2 ) OJ No L 57, 1992 , p . 1 .
      provisions necessary to comply with Council Directive
      91 /157'/EEC of 18 March 1991 on batteries and
      accumulators containing certain dangerous substances,
      the Italian Republic has failed to fulfil its obligations
      under that Directive;
2 . Orders the Italian Republic to pay the costs.                                      JUDGMENT OF THE COURT
                                                                                                 of 30 July 1996
(') OJ No C 286 , 28 . 10 . 1995 .
( 2 ) OJ No L 78 , 1991 , p . 38 .                                    in Case C-84/95 ( reference for a preliminary ruling from the
                                                                      Supreme Court of Ireland ): Bosphorus Hava Yollari Turizm
                                                                      ve Ticaret AS v. Minister for Transport, Energy and
                                                                          Communications, Ireland and the Attorney General f 1 )
                                                                      (Embargo against the Federal Republic of Yugoslavia
                                                                         (Serbia and Montenegro) — Impounding of an aircraft)
                JUDGMENT OF THE COURT                                                             ( 96/C 336/24 )
                         ( Sixth Chamber )
                          of 11 July 1996                                                (Language of the case: English)
       in Case C-304/95 : Commission of the European
              Communities v. Hellenic Republic ( J )                  In Case C-84/95 : reference to the Court pursuant to
(Failure to fulfil obligations — Directive 92/5/EEC —                 Article 177 of the EC Treaty from the Supreme Court of
       Failure to transpose within the prescribed period)             Ireland for a preliminary ruling in the proceedings pending
                           ( 96/C 336/23 )                            before that court between Bosphorus Hava Yollari Turizm
                                                                      ve Ticaret AS and Minister for Transport, Energy and
                                                                      Communications, Ireland and the Attorney General — on
                 (Language of the case: Greek)                        the interpretation of Article 8 of Council Regulation ( EEC )
                                                                      No 990/93 of 26 April 1993 concerning trade between the
(Provisional translation; the definitive translation will be          European Economic Community and the Federal Republic
           published in the European Court Reports)                   of Yugoslavia ( Serbia and Montenegro ) ( 2 ) — the Court,
                                                                      composed of: G. C. Rodriguez Iglesias, President, C. N.
In Case C-304/95 : Commission of the European                         Kakouris and D. A. O. Edward ( Presidents of Chambers ),
Communities ( Agent: Maria Kontou Durande ) v. Hellenic               G. F. Mancini, J. C. Moitinho de Almeida , P. J. G. Kapteyn
Republic ( Agents : Aikaterini Samoni-Rantou and Nana                 ( Rapporteur ), J. L. Murray, H. Ragnemalm and L. Sevón,
Dafniou ) — application for a declaration that, by failing to         Judges; F. G. Jacobs, Advocate-General ; L. Hewlett,
adopt and notify to the Commission within the prescribed              Administrator, for the Registrar, has given a judgment on
period the laws, regulations and administrative provisions            30 July 1996 , in which it rules :
necessary to comply with Council Directive 92/5/EEC of
10 February 1992 amending and updating Directive                      Article 8 of Council Regulation (EEC) No 990/93 of
77/99/EEC on health problems affecting intra-Community                26 April 1993 concerning trade between the European
trade in meat products and amending Directive                         Economic Community and the Federal Republic of
64/433/EEC ( 2 ), the Hellenic Republic has failed to fulfil its      Yugoslavia (Serbia and Montenegro) applies to an aircraft
obligations pursuant to the EC Treaty and Directive                   which is owned by an undertaking based in or operating
92/5/EEC — the Court ( Sixth Chamber ), composed of:                  from the Federal Republic of Yugoslavia (Serbia and
C. N. Kakouris, President of the Chamber, P. J. G. Kapteyn            Montenegro), even though the owner has leased it for four
and H. Ragnemalm ( Rapporteur ), Judges; C. O. Lenz,                  years to another undertaking, neither based in nor operating
Advocate-General; R. Grass, Registrar, has given a                    from that Republic and in which no person or undertaking
judgment on 11 July 1996, in which it:                                based in or operating from that republic has a majority or
                                                                      controlling interest.
1 . Declares that, by failing to adopt within the prescribed
      period the laws, regulations and administrative                 (M OJ No C 137, 3 . 6 . 1995 .
      provisions necessary to comply with Council Directive           ( 2 ) OJ No L 102 , 1993 , p . 14 .
      92/5/EEC of 10 February 1 992 amending and updating
      Directive 77/99/EEC on health problems affecting
      intra-Community trade in meat products and amending