CELEX: C1999/299/19
Language: en
Date: 1999-10-16 00:00:00
Title: Case C-312/99: Action brought on 16 August 1999 by the Commission of the European Communities against the Italian Republic

16.10.1999              EN                    Official Journal of the European Communities                                     C 299/17
     class of ‘young persons’ comprising the ‘weaker segment’            Action brought on 16 August 1999 by the Commission
     of the employment market. Whilst the decision quotes                of the European Communities against the Italian Republic
     statistics and the observations of the Italian authorities
     which show that, given the specific characteristics of
     unemployment among young persons in Italy, and particu-
     larly in Southern Italy, that class includes persons in the                                 (Case C-312/99)
     age group up to 32 years, the Commission reached a
     different conclusion, sanctioning the extension of the class
     of ‘young persons’ only to those aged under 25, or 29 in
     the case of graduates.                                                                      (1999/C 299/19)
2. The decision appears to be invalidated by factors which are
     self-evident: unlawfulness, misuse of power and deficiency          An action against the Italian Republic was brought before the
     (inadequacy) of the statement of reasons as regards the             Court of Justice of the European Communities on 16 August
     ‘quantification’ of the aid considered permissible.                 1999 by the Commission of the European Communities,
                                                                         represented by Antonio Aresu, of its Legal Service, acting as
                                                                         Agent, with an address for service in Luxembourg at the office
                                                                         of Carlos Goméz de la Cruz, Wagner Centre, Rue Alcide de
3. The decision appears to be open to challenge on the                   Gasperi.
     ground of the deficiency (illogicality and inadequacy) of
     the statement of reasons in relation to the ‘quantification’
     of the aid not considered permissible. The same irregulari-
     ties are to be found in relation to the measures under              The applicant claims that the Court should:
     Article 15 of Law 196/97, concerning which the Com-
     mission observes that the conversion of fixed term CFLs
     (Contratti di Formazione e Lavoro or Training and Employ-
     ment Contracts) into contracts of indefinite duration does          1. declare that, by failing to adopt the laws, regulations
     not create additional jobs, since the jobs themselves already           and administrative provisions necessary to comply with
     existed, even though they were not permanent.                           Commission Directive 97/59/EC of 7 October 1997 (1)
                                                                             and Commission Directive 97/65/EC of 26 November
                                                                             1997 (2) adapting, for the third time, to technical progress
                                                                             Council Directive 90/679/EEC on the protection of work-
4. The compatibility of the measure with Community legis-                    ers from risks related to exposure to biological agents at
     lation — under which aid ‘to promote the economic                       work (3), the Italian Republic has failed to fulfil its obli-
     development of areas where the standard of living is                    gations under those directives;
     abnormally low or where there is serious underemploy-
     ment’ may be considered to be compatible within the
     meaning of Article 92(3)(a) of the EC Treaty (now Article
     87(3)(a) EC) — is not assessed in depth, with the result            2. order the Italian Republic to pay the costs of the action.
     that the said provision has been infringed and wrongly
     applied and the statement of reasons is defective (inad-
     equate and inconsistent).
                                                                         Pleas in law and main arguments
5. Article 92 of the EC Treaty (now Article 87 EC) has been
     infringed, or in any event the statement of reasons is
     clearly defective (inadequate) in that no account is taken of
     the effect of the aid considered incompatible upon trade            Article 189 of the EC Treaty (now Article 249 EC), under
     within the Community or on competition.                             which a directive is binding, as to the result to be achieved,
                                                                         upon each Member State to which it is addressed, imposes an
                                                                         obligation upon the Member States to comply with the
6. As to the operative part of the contested decision which              time-limits for implementation laid down in the directives.
     concerns the recovery of the aid deemed incompatible, the           Those time-limits expired on 31 March 1998 and 30 June
     statement of reasons is defective (inadequate) as regards           1998 respectively without the Italian Republic having adopted
     the necessity or at least the appropriateness of effecting          the necessary legislation to comply with the directives referred
     recovery.                                                           to in the form of order sought by the Commission.
                                                                         (1) OJ L 282 of 15.10.1997, p. 33.
(1) Concerning the scheme for the grant by Italy of aid for measures     (2) OJ L 335 of 6.12.1997, p. 17.
    to promote employment.                                               (3) OJ L 374 of 31.12.1990, p. 1.