CELEX: C2002/118/23
Language: en
Date: 2002-05-18 00:00:00
Title: Judgment of the court (Second Chamber) 7 March 2002 in Case C-29/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 96/61/EC)

18.5.2002               EN                      Official Journal of the European Communities                                            C 118/15
                 JUDGMENT OF THE COURT                                     2.    Orders the Italian Republic to pay the costs.
                         (Fourth Chamber)                                  (1) OJ C 355 of 9.12.2000.
                           7 March 2002
in Case C-365/00: Commission of the European Communi-
                     ties v Italian Republic (1)
                                                                                            JUDGMENT OF THE COURT
(Failure by a Member State to fulfil its obligations —
Directive 76/768/EEC — Provision of national law concern-
ing the information that must be given on the packaging of                                         (Second Chamber)
cosmetic products — Natural or artificial origin of perfume
    essences or fragrances contained in cosmetic products)                                            7 March 2002
                          (2002/C 118/22)                                  in Case C-29/01: Commission of the European Communi-
                                                                                              ties v Kingdom of Spain (1)
                    (Language of the case: Italian)
                                                                           (Failure by a Member State to fulfil its obligations — Failure
                                                                                           to transpose Directive 96/61/EC)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                                                     (2002/C 118/23)
                                                                                              (Language of the case: Spanish)
In Case C-365/00, Commission of the European Communities
(agents: R. B. Wainwright and R. Amorosi) v Italian Republic               (Provisional translation; the definitive translation will be published
(agent: U. Leanza, assisted by I. M. Braguglia): Application for                              in the European Court Reports)
a declaration that, by having enacted and maintained in force
Article 28 of Law No 128 of 24 April 1998 making provision
for the implementation of obligations resulting from Italy’s
membership of the European Communities — Community
Law 1995-1997, which makes it a requirement that the labels                In Case C-29/01, Commission of the European Communities
of cosmetic products state whether the perfume essences or                 (agent: G. Valero Jordana) v Kingdom of Spain (agent:
fragrances contained in them are of natural or artificial origin,          M. López-Monı́s Gallego): Application for a declaration that,
the Italian Republic has failed to fulfil its obligations under            by failing to adopt the laws, regulations and administrative
Council Directive 76/768/EEC of 27 July 1976 on the                        measures necessary in order to comply with Council Directive
approximation of the laws of the Member States relating to                 96/61/EC of 24 September 1996 concerning integrated pol-
cosmetic products (OJ 1976 L 262, p. 169), as amended by                   lution prevention and control (OJ 1996 L 257, p. 26), or, in
Council Directive 93/35/EEC of 14 June 1993 (OJ 1993                       any event, by failing to communicate the same to the
L 151, p. 32), and, in particular, under the third subparagraph            Commission, the Kingdom of Spain has failed to fulfil its
of Article 6(1)(g) thereof, the Court (Fourth Chamber), compo-             obligations under that directive, the Court (Second Chamber),
sed of: S. von Bahr, President of the Chamber, D.A.O. Edward               composed of: N. Colneric, President of the Chamber,
(Rapporteur) and A. La Pergola, Judges; D. Ruiz-Jarabo Colom-              R. Schintgen (Rapporteur) and V. Skouris, Judges; C. Stix-
er, Advocate General; R. Grass, Registrar, has given a judgment            Hackl, Advocate General; R. Grass, Registrar, has given a
on 7 March 2002, in which it:                                              judgment on 7 March 2002, in which it:
                                                                           1.    Declares that, by failing to adopt the laws, regulations and
1.    Declares that, by having enacted and maintained in force                   administrative measures necessary in order to comply with
      Article 28 of Law No 128 of 24 April 1998 making provision                 Council Directive 96/61/EC of 24 September 1996 concerning
      for the implementation of obligations resulting from Italy’s               integrated pollution prevention and control, the Kingdom of
      membership of the European Communities — Community Law                     Spain has failed to fulfil its obligations under that directive;
      1995-1997, which makes it a requirement that the labels of
      cosmetic products state whether the perfume essences or fra-
      grances contained in them are of natural or artificial origin, the   2.    Orders the Kingdom of Spain to pay the costs.
      Italian Republic has failed to fulfil its obligations under the
      third subparagraph of Article 6(1)(g) of Council Directive 76/
                                                                           (1) OJ C 61 of 24.2.2001.
      768/EEC of 27 July 1976 on the approximation of the laws
      of the Member States relating to cosmetic products, as amended
      by Council Directive 93/35/EEC of 14 June 1993;