CELEX: C2001/212/07
Language: en
Date: 2001-07-28 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 14 June 2001 in Case C-207/00: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Failure to implement Directive 97/36/EC amending Directive 89/552/EEC — Coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities)

C 212/4                  EN                     Official Journal of the European Communities                                          28.7.2001
                  JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                          (Third Chamber)                                                           (Fourth Chamber)
                           of 14 June 2001
                                                                                                     of 14 June 2001
in Case C-84/00: Commission of the European Communi-
                     ties v French Republic (1)                            in Case C-207/00: Commission of the European Communi-
                                                                                                ties v Italian Republic (1)
(Failure by a Member State to fulfil its obligations —
Article 30 of the EC Treaty (now, after amendment,
                                                                           (Failure by a Member State to fulfil its obligations —
Article 28 EC) — Free movement of articles of precious
                                                                           Failure to implement Directive 97/36/EC amending Directive
     metal — Rules on acceptable standards of fineness)
                                                                           89/552/EEC — Coordination of certain provisions laid down
                                                                           by law, regulation or administrative action in Member States
                           (2001/C 212/06)                                  concerning the pursuit of television broadcasting activities)
                                                                                                     (2001/C 212/07)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published                         (Language of the case: Italian)
                    in the European Court Reports)
In Case C-84/00: Commission of the European Communities                    (Provisional translation; the definitive translation will be published
(Agent: R. Wainwright) v French Republic (Agents: K. Rispal-                                  in the European Court Reports)
Bellanger and S. Seam) — application for a declaration that,
by failing to allow the marketing within France of articles of
precious metals which come from other Member States and                    In Case C-207/00: Commission of the European Communities
purport to have a standard of fineness of ‘999 parts per                   (Agents: K. Banks and L. Pignataro) v Italian Republic (Agent:
thousand’, despite the fact that that standard is commonly                 U. Leanza, assisted by I.M. Braguglia) — application for a
used in commercial practice, the French Republic has failed to             declaration that, by failing to adopt the laws, regulations and
comply with its obligations under Article 30 of the EC Treaty              administrative provisions necessary to comply with Directive
(now, after amendment, Article 28 EC) — the Court (Third                   97/36/EC of the European Parliament and of the Council of
Chamber), composed of: C. Gulmann, President of the Chamb-                 30 June 1997 amending Council Directive 89/552/EEC on the
er, F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges;               coordination of certain provisions laid down by law, regulation
J. Mischo, Advocate General; R. Grass, Registrar, has given a              or administrative action in Member States concerning the
judgment on 14 June 2001, in which it:                                     pursuit of television broadcasting activities (OJ 1997 L 202,
                                                                           p. 60), specifically Article 1(1) amending Article 1(c) of Council
1.    Declares that, by failing to allow the marketing within France       Directive 89/552/EEC of 3 October 1989 on the coordination
      of articles of precious metals which come from other Member          of certain provisions laid down by law, regulation or adminis-
      States and purport to have a standard of fineness of ‘999 parts      trative action in Member States concerning the pursuit of
      per thousand’, despite the fact that that standard is commonly       television broadcasting activities (OJ 1989 L 298, p. 23);
      used in commercial practice, the French Republic has failed to       Article 1(2) which replaces Article 2 of Directive 89/552 with
      comply with its obligations under Article 30 of the EC Treaty        the exception of Article 2(3), (4), (5) and (6); Article 1(3) which
      (now, after amendment, Article 28 EC);                               inserts Article 2a into Directive 89/552; Article 1(4) which
                                                                           incorporates Article 3a(3) in Directive 89/552; Article 1(12),
                                                                           which replaces Article 10 of Directive 89/552, with the
2.    Orders the French Republic to pay the costs.                         exception of Article 10(2); Article 1(14) which amends the
                                                                           first sentence of Article 12 of Directive 89/552; Article 1(15)
                                                                           which replaces Article 13 of Directive 89/552; and lastly
                                                                           Article 1(18) which adds a paragraph 2 to Article 16 to
(1) OJ C 163 of 10.6.2000.                                                 Directive 89/552, the Italian Republic has failed to fulfil its
                                                                           obligations under that directive — the Court (Fourth Chamber),
                                                                           composed of: A. La Pergola, President of the Chamber,
                                                                           D.A.O. Edward (Rapporteur) and S. von Bahr, Judges; S. Alber,
                                                                           Advocate General; R. Grass, Registrar, has given a judgment
                                                                           on 14 June 2001, in which it:
 ---pagebreak--- 28.7.2001                 EN                    Official Journal of the European Communities                                          C 212/5
1.    Declares that, by failing to adopt, within the prescribed period,    —    Council Directive 76/464/EEC of 4 May 1976 on pol-
      the laws, regulations and administrative provisions necessary to          lution caused by certain dangerous substances discharged
      comply with Articles 1(c), 2(1) and (2), 2a, 3a(3) and                    into the aquatic environment of the Community (OJ
      10(1)(3) and (4), Article 12, inasmuch as it regulates                    1976 L 129, p. 23),
      teleshopping, and Articles 13 and 16(2) of,Council Directive
      89/552/EEC of 3 October 1989 on the coordination of certain          —    Council Directive 80/68/EEC of 17 December 1979 on
      provisions laid down by law, regulation or administrative                 the protection of groundwater against pollution caused
      action in Member States concerning the pursuit of television              by certain dangerous substances (OJ 1980 L 20, p. 43),
      broadcasting activities, as amended by Directive 97/36/EC of
      the European Parliament and of the Council of 30 June 1997,          —    Council Directive 84/360/EEC of 28 June1984 on the
      the Italian Republic has failed to fulfil its obligations under           combating of air pollution from industrial plants (OJ
      that directive.                                                           1984 L 188, p. 20), and
2.    Orders the Italian Republic to pay the costs.                        —    Council Directive 85/337/EEC of 27 June 1985 on the
                                                                                assessment of the effects of certain public and private
                                                                                projects on the environment (OJ 1985 L 175, p. 40),
(1) OJ C 211 of 22.7.2000.
                                                                           the Kingdom of Belgium has failed to fulfil its obligations
                                                                           under Articles 9 of Directive 75/442, 3, 4, 5 and 7 of Directive
                                                                           76/464, 3, 4, 5, 7 and 10 of Directive 80/68, 3, 4, 9 and 10
                                                                           of Directive 84/360, 2 and 8 of Directive 85/337 and
                                                                           Article 189 of the EC Treaty (now Article 249 EC) — the
                                                                           Court (Third Chamber), composed of: C. Gulmann, President
                                                                           of the Chamber, J.-P. Puissochet and J.N. Cunha Rodrigues
                                                                           (Rapporteur), Judges; J. Mischo, Advocate General; R. Grass,
                                                                           Registrar, has given a judgment on 14 June 2001, in which it:
                  JUDGMENT OF THE COURT
                                                                           1.   Declares that by failing to adopt the laws, regulations and
                           (Third Chamber)                                      administrative provisions necessary to implement fully:
                                                                                —     Council Directive 75/442/EEC of 15 July 1975 on
                            of 14 June 2001
                                                                                      waste, as amended by Council Directive 91/156/EEC of
                                                                                      18 March 1991,
in Case C-230/00: Commission of the European Communi-
                   ties v Kingdom of Belgium (1)                                —     Council Directive 76/464/EEC of 4 May 1976 on
                                                                                      pollution caused by certain dangerous substances dis-
                                                                                      charged into the aquatic environment of the Community,
(Failure by a Member State to fulfil its obligations —
Failure to implement Directives 75/442/EEC, 76/464/EEC,                         —     Council Directive 80/68/EEC of 17 December 1979 on
80/68/EEC, 84/360/EEC and 85/337/EEC — Pollution and                                  the protection of groundwater against pollution caused by
nuisance — Waste — Dangerous substances — Pollution of                                certain dangerous substances,
           the aquatic environment — Air pollution)
                                                                                —     Council Directive 84/360/EEC of 28 June 1984 on the
                            (2001/C 212/08)                                           combating of air pollution from industrial plants, and
                                                                                —     Council Directive 85/337/EEC of 27 June 1985 on the
                                                                                      assessment of the effects of certain public and private
                      (Language of the case: Dutch)                                   projects on the environment,
                                                                                the Kingdom of Belgium has failed to fulfil its obligations
(Provisional translation; the definitive translation will be published          under Articles 9 of Directive 75/442, as amended by Directive
                     in the European Court Reports)                             91/156, 3, 4, 5, and 7 of Directive 76/464, 3, 4, 5, 7 and
                                                                                10 of Directive 80/68, 3, 4, 9 and 10 of Directive 84/360
                                                                                and 2 and 8 of Directive 85/337.
In Case C-230/00: Commission of the European Communities
(Agent: H. van Lier, assisted by M.H. van der Woude and                    2.   Orders the Kingdom of Belgium to pay the costs.
T.E.M. Chellingsworth) v Kingdom of Belgium (Agent:
A. Snoecx) — application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions
necessary to implement fully the following:                                (1) OJ C 233 of 12.8.2000.
—     Council Directive 75/442/EEC of 15 July 1975 on waste
      (OJ 1975 L 194, p. 39), as amended by Council Directive
      91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32),