CELEX: C2001/331/22
Language: en
Date: 2001-11-24 00:00:00
Title: Case C-370/01: Action brought on 25 September 2001 by the Commission of the European Communities against the Italian Republic

C 331/14              EN                     Official Journal of the European Communities                                      24.11.2001
     In so far as the Commission has sought to suggest that             Pleas in law and main arguments
     the Netherlands Government had failed to make clear at
     an earlier stage that the activities of tug boats were also
     intended to be covered by the two measures, which might            Under Article 249 of the EC Treaty, according to which a
     have constituted a reason enabling the Commission to               directive is to be binding, as to the result to be achieved, upon
     classify that application of the existing measures as ‘new         each Member State to which it is addressed, Member States are
     aid’, the Netherlands Government strenuously denies that           required to observe the time limits laid down in directives for
     assertion;                                                         their transposition. Those time limits expired on 30 Avril
                                                                        2000 and 30 June 2000 respectively without the Italian
—    Decision contrary to the principle of the protection of            Republic having brought into force the necessary provisions
     legitimate expectations and the principle of legal certainty;      in order to comply with the Directive referred to in the
                                                                        Commission’s application.
—    Decision contrary to the principle that reasons must
     always be given.                                                   (1) OJ 1999 L 91, p. 29.
                                                                        (2) OJ 1999 L 139, p. 29.
Action brought on 25 September 2001 by the Com-                         Action brought on 27 September 2001 by the Com-
mission of the European Communities against the Italian                 mission of the European Communities against the United
                            Republic                                                                   Kingdom
                        (Case C-370/01)                                                           (Case C-373/01)
                                                                                                  (2001/C 331/23)
                        (2001/C 331/22)
                                                                        An action against the United Kingdom was brought before the
An action against the Italian Republic was brought before the           Court of Justice of the European Communities on 27 Septem-
Court of Justice of the European Communities on 25 Septem-              ber 2001 by the Commission of the European Communities,
ber 2001 by the Commission of the European Communities,                 represented by Richard Wainwright, acting as agent, with an
represented by Antonio Aresu, acting as Agent.                          address for service in Luxembourg.
                                                                        The Applicant requests that the Court should:
The applicant claims that the Court should:
                                                                        —     declare that by failing to adopt and publish before
—    Declare that, by failing to adopt and bring into force                   1 January 2000 the provisions necessary to comply with
     within the prescribed period the laws, regulations and                   Commission Directive 98/101/EC of 22 December 1998
     administrative provisions necessary to comply with:                      adapting to technical progress Commission Directive
                                                                              91/157/EEC on batteries and accumulators containing
     (a)    Commission Directive 1999/21/EC (1) of 25 March                   certain dangerous substances (1), or in any event by failing
            1999 on dietary foods for special medical purposes;               to inform the Commission thereof, the United Kingdom
            and                                                               has failed to fulfil its obligations under that Directive, and
     (b) Commission Directive 1999/50/EC (2) of 25 May                  —     order the United Kingdom to pay the costs.
            1999 amending Directive 91/321/EEC on infant
            formulae and follow-on formulae;
                                                                        Pleas in law and main arguments
     or in any event by failing to communicate them to the
     Commission, the Italian Republic has failed to fulfil its
     obligations under those directives;
                                                                        Article 249 EC under which a directive shall be binding as to
                                                                        the result to be achieved, upon each Member State, carries by
—    Order the Italian Republic to pay the costs.                       implication an obligation on the Member States to observe the