CELEX: C2002/068/16
Language: en
Date: 2002-03-16 00:00:00
Title: Case C-22/02: Action brought on 29 January 2002 by the Commission of the European Communities against the Italian Republic

C 68/8                 EN                    Official Journal of the European Communities                                        16.3.2002
Action brought on 28 January 2002 by the Commission                     The applicant claims that the Court should:
of the European Communities against the Italian Republic
                                                                        —     Declare that, by not adopting the laws, regulations
                         (Case C-17/02)                                       and administrative provisions necessary to comply with
                                                                              Commission Directive 2000/71/EC to adapt the
                                                                              measuring methods as laid down in Annexes I, II, III and
                         (2002/C 68/14)                                       IV to Directive 98/70/EC of the European Parliament and
                                                                              of the Council to technical progress as foreseen in
                                                                              Article 10 of that Directive (OJ 2000 L 287, p. 46) or in
                                                                              any event by not notifying the same to the Commission,
An action against the Italian Republic was brought before the                 the Italian Republic has failed to fulfil its obligations
Court of Justice of the European Communities on 28 january                    under Article 2 of that directive;
2002 by the Commission of the European Communities,
represented by L. Pignatora and S. Rating, acting as Agents.            —     Order the Italian Republic to pay the costs.
The applicant claims that the Court should:
                                                                        Pleas in law and main arguments
—     Declare that, by not having notified the laws, regulations
      and administrative provisions necessary to comply with
      the provisions of Commission Directive 99/64/EC                   Article 249 EC, which provides that a directive is to be binding
      amending Commission Directive 90/388/EEC, or not                  as to the result to be achieved on each Member State to which
      having adopted the measures necessary to comply with              it is addressed, implies an obligation that the Member States
      the same, the Italian Republic has failed to fulfil its           comply with the time-limits for transposition prescribed by
      obligations under that directive;                                 directives. In the present case the prescribed period expired on
                                                                        1 January 2001 without the Italian Republic having adopted
—     Order the Italian Republic to pay the costs.                      the provisions necessary to comply with the directive referred
                                                                        to in the form of order sought by the Commission.
Pleas in law and main arguments
Article 249 EC, which provides that a directive is to be binding
as to the result to be achieved on each Member State to which           Action brought on 29 January 2002 by the Commission
it is addressed, implies an obligation that the Member States           of the European Communities against the Italian Republic
comply with the time-limits for transposition prescribed by
directives. In the present case the prescribed period expired on
30 April 2000 without the Italian Republic having adopted                                        (Case C-22/02)
the provisions necessary to comply with the directive referred
to in the form of order sought by the Commission.
                                                                                                 (2002/C 68/16)
                                                                        An action against the Italian Republic was brought before the
                                                                        Court of Justice of the European Communities on 29 January
                                                                        2002 by the Commission of the European Communities,
                                                                        represented by G. Valero Jordana and R. Amorosi, acting as
Action brought on 29 January 2002 by the Commission                     Agents.
of the European Communities against the Italian Republic
                         (Case C-21/02)                                 The applicant claims that the Court should:
                                                                        —     Declare that, by not adopting the laws, regulations
                         (2002/C 68/15)                                       and administrative provisions necessary to comply with
                                                                              Directive 1999/94/EC of the European Parliament and of
                                                                              the Council of 13 December 1999 relating to the
                                                                              availability of consumer information on fuel economy
An action against the Italian Republic was brought before the                 and CO2 emissions in respect of the marketing of new
Court of Justice of the European Communities on 29 January                    passenger cars (OJ 2000 L 12, p. 16) or in any event by
2002 by the Commission of the European Communities,                           not notifying the same to the Commission, the Italian
represented by G. Valero Jordana and R. Amorosi, acting as                    Republic has failed to fulfil its obligations under Article 12
Agents.                                                                       of that directive;
 ---pagebreak--- 16.3.2002              EN                    Official Journal of the European Communities                                         C 68/9
—     Order the Italian Republic to pay the costs.                      Action brought on 31 January 2002 by the Commission
                                                                        of the European Communities against the Kingdom of
                                                                                                       Spain
Pleas in law and main arguments
                                                                                                 (Case C-28/02)
Article 249 EC, which provides that a directive is to be binding
as to the result to be achieved on each Member State to which
it is addressed, implies an obligation that the Member States
comply with the time-limits for transposition prescribed by                                      (2002/C 68/18)
directives. In the present case the prescribed period expired on
18 January 2001 without the Italian Republic having adopted
the provisions necessary to comply with the directive referred
to in the form of order sought by the Commission.
                                                                        An action against the Kingdom of Spain was brought before
                                                                        the Court of Justice of the European Communities on 31 Janu-
                                                                        ary 2002 by the Commission of the European Communities,
                                                                        represented by Gregorio Valero Jordana, of its Legal Service,
                                                                        acting as Agent, with an address for service in Luxembourg at
                                                                        the office of Luis Escobar Guerrero, also of the Commission’s
Action brought on 31 January 2002 by the Kingdom of                     Legal Service, Wagner Centre, Luxembourg.
 Spain against the Council of the European Communities
                         (Case C-26/02)
                                                                        The applicant claims that the Court should:
                         (2002/C 68/17)
                                                                        —     declare that, by failing to bring into force the laws,
                                                                              regulations and administrative provisions needed in order
An action against the Council of the European Communities                     to comply with Directive 1999/94/EC(1) of the European
was brought before the Court of Justice of the European                       Parliament and of the Council of 13 December 1999
Communities on 31 January 2002 by the Kingdom of Spain,                       relating to the availability of consumer information on
represented by R. Silva de Lapuerta, acting as Agent, with an                 fuel economy and CO2 emissions in respect of the
address for service in Luxembourg.                                            marketing of new passenger cars, or, in any event, by
                                                                              failing to have informed the Commission of any such
                                                                              laws, regulations or administrative provisions, the
The applicant claims that the Court should:                                   Kingdom of Spain has failed to fulfil its obligations under
                                                                              that Directive;
—     annul the point relating to anchovies referred to in note
      (2) to the item relating to stocks of ‘Anchovy; Zones: IX,
      X, CECAF 34.1.1’ (EC waters) contained in Annex ID to             —     order the Kingdom of Spain to pay the costs.
      Council Regulation (EC) No 2555/2001 (1) of 18 Decem-
      ber 2001 fixing for 2002 the fishing opportunities and
      associated conditions for certain fish stocks and groups
      of fish stocks, applicable in Community waters and, for
      Community vessels, in waters where limitations in catch
      are required; and                                                 Pleas in law and main arguments
—     order the defendant institution to pay the costs.
                                                                        Under Article 12 of Directive 1999/94/EC, the Kingdom of
Pleas in law and main arguments                                         Spain should have brought into force the measures necessary
                                                                        to comply with the Directive by 18 January 2001 and should
                                                                        have informed the Commission thereof.
The pleas in law and main arguments are similar to those in
Case C-22/01 (2).
                                                                        (1) OJ L 12, 18.1.2000, p. 16.
(1) OJ L 347 of 31.12.2001, p. 1.
(2) OJ C 79, 10.3.2001, p. 18.