CELEX: C2002/084/37
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 6 December 2001 in Case C-148/00: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 98/51/EC)

6.4.2002                 EN                     Official Journal of the European Communities                                            C 84/23
2.    Orders the Hellenic Republic to pay the costs.                       1.    Declares that, by failing to comply with Article 4c of
                                                                                 Commission Directive 90/388/EEC of 28 June 1990 on
                                                                                 competition in the markets for telecommunications services, as
(1) OJ C 163 of 10.6.2000.
                                                                                 amended by Commission Directive 96/19/EC of 13 March
                                                                                 1996, and by failing to comply with Article 5(1), (3), (4) and
                                                                                 (5) of Directive 97/33/EC of the European Parliament and
                                                                                 of the Council of 30 June 1997 on interconnection in
                                                                                 Telecommunications with regard to ensuring universal service
                                                                                 and interoperability through application of the principles of
                                                                                 Open Network Provision (ONP), the French Republic has failed
                                                                                 to fulfil its obligations under those directives;
                                                                           2.    Orders the French Republic to pay the costs.
                 JUDGMENT OF THE COURT
                                                                           (1) OJ C 163 of 10.6.2000.
                          (Sixth Chamber)
                        of 6 December 2001
in Case C-146/00: Commission of the European Communi-
                     ties v French Republic (1)
                                                                                               JUDGMENT OF THE COURT
(Telecommunications — Financing of a ‘universal service’                                               (Fourth Chamber)
          — contribution from new market entrants)
                                                                                                     of 6 December 2001
                           (2002/C 84/36)
                                                                           in Case C-148/00: Commission of the European Communi-
                    (Language of the case: French)                                                 ties v Italian Republic (1)
                                                                           (Failure of a Member State to fulfil its obligations — Failure
(Provisional translation; the definitive translation will be published                       to transpose Directive 98/51/EC)
                   in the European Court Reports)
                                                                                                         (2002/C 84/37)
In Case C-146/00: Commission of the European Communities                                          (Language of the case: Italian)
(Agents: initially by B. Doherty and F. Siredey-Garnier, and,
subsequently, by E. Gippini Fournier and F. Siredey-Garnier) v
                                                                           (Provisional translation; the definitive translation will be published
French Republic (Agents: initially by K. Rispal-Bellanger,
                                                                                                 in the European Court Reports)
F. Million and S. Pailler, and, subsequently, by G. de Bergues,
F. Million and S. Pailler) — application for a declaration that,
by failing to comply with Article 4c of Commission Directive
90/388/EEC of 28 June 1990 on competition in the markets
for telecommunications services (OJ 1990 L 192, p. 10), as                 In Case C-148/00: Commission of the European Communities
amended by Commission Directive 96/19/EC of 13 March                       (Agents: initially S. Dragone and F. P. Ruggeri Laderchi, and
1996 (OJ 1996 L 74, p. 13), and by failing to comply with                  subsequently S. Dragone and L. Visaggio) v Italian Republic
Article 5(1), (3), (4) and (5) of Directive 97/33/EC of the                (Agent: U. Leanza, assisted by G. De Bellis) — application for
European Parliament and of the Council of 30 June 1997                     a declaration that, by not adopting and, in any event, by
on interconnection in Telecommunications with regard to                    not notifying the Commission of the laws, regulations and
ensuring universal service and interoperability through appli-             administrative provisions necessary to comply with:
cation of the principles of Open Network Provision (ONP) (OJ
1997 L 199, p. 32), the French Republic has failed to fulfil its           —     Council Directive 97/41/EC of 25 June 1997 amending
obligations under the EC Treaty and under those directives —                     Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and
the Court (Sixth Chamber), composed of: F. Macken, President                     90/642/EEC relating to the fixing of maximum levels for
of the Chamber, N. Colneric, C. Gulmann (Rapporteur),                            pesticide residues in and on, respectively, fruit and
J.-P. Puissochet and J.N. Cunha Rodrigues, Judges; L.A. Geel-                    vegetables, cereals, foodstuffs of animal origin, and certain
hoed, Advocate General; R. Grass, Registrar, has given a                         products of plant origin, including fruit and vegetables
judgment on 6 December 2001, in which it:                                        (OJ 1997 L 184, p. 33),
 ---pagebreak--- C 84/24                  EN                     Official Journal of the European Communities                                           6.4.2002
—     Council Directive 97/76/EC of 16 December 1997                       G. Kanellopoulos, C. Tsiavou and D. Tsagkaraki) — application
      amending Directive 77/99/EEC and Directive 72/462/EEC                for a declaration that, by not bringing into force the laws,
      with regard to the rules applicable to minced meat, meat             regulations and administrative provisions necessary to comply
      preparations and certain other products of animal origin             with:
      (OJ 1998 L 10, p. 25), and
—     Commission Directive 98/51/EC of 9 July 1998 laying
      down certain measures for implementing Council Direc-                —     Council Directive 97/41/EC of 25 June 1997 amending
      tive 95/69/EC laying down the conditions and arrange-                      Directives 76/895/EEC, 86/362/EEC, 86/363/EEC and
      ments for approving and registering certain establish-                     90/642/EEC relating to the fixing of maximum levels for
      ments and intermediaries operating in the animal feed                      pesticide residues in and on, respectively, fruit and
      sector (OJ 1998 L 208, p. 43),                                             vegetables, cereals, foodstuffs of animal origin, and certain
                                                                                 products of plant origin, including fruit and vegetables
the Italian Republic has failed to fulfil its obligations under the              (OJ 1997 L 184, p. 33),
Treaty and those directives — the Court (Fourth Chamber),
composed of: S. von Bahr, President of the Chamber, A. La
Pergola and C.W.A. Timmermans (Rapporteur), Judges; P. Lé-
ger, Advocate General; R. Grass, Registrar, has given a                    —     Council Directive 97/76/EC of 16 December 1997
judgment on 6 December 2001, in which it:                                        amending Directive 77/99/EEC and Directive 72/462/EEC
                                                                                 with regard to the rules applicable to minced meat, meat
1.    Declares that, by not bringing into force, within the prescribed           preparations and certain other products of animal origin
      period, the laws, regulations and administrative provisions                (OJ 1998 L 10, p. 25),
      necessary to comply with Commission Directive 98/51/EC of
      9 July 1998 laying down certain measures for implementing
      Council Directive 95/69/EC laying down the conditions and
      arrangements for approving and registering certain establish-        —     Commission Directive 98/51/EC of 9 July 1998 laying
      ments and intermediaries operating in the animal feed sector,              down certain measures for implementing Council Direc-
      the Italian Republic has failed to fulfil its obligations under            tive 95/69/EC laying down the conditions and arrange-
      that directive.                                                            ments for approving and registering certain establish-
                                                                                 ments and intermediaries operating in the animal feed
2.    Orders the Italian Republic to pay the costs.                              sector (OJ 1998 L 208, p. 43), and
(1) OJ C 176 of 24.6.2000.
                                                                           —     Commission Directive 98/67/EC of 7 September 1998
                                                                                 amending         Directives      80/511/EEC,      82/475/EEC,
                                                                                 91/357/EEC and Council Directive 96/25/EC and
                                                                                 repealing Directive 92/87/EEC (OJ 1998 L 261, p. 10),
                  JUDGMENT OF THE COURT
                                                                           within the periods laid down by those directives, the Hellenic
                         (Fourth Chamber)                                  Republic has failed to fulfil its obligations under the said
                                                                           directives — the Court (Fourth Chamber), composed of:
                                                                           S. von Bahr, President of the Chamber, A. La Pergola and
                        of 6 December 2001                                 C.W.A. Timmermans (Rapporteur), Judges; P. Léger, Advocate
                                                                           General; R. Grass, Registrar, has given a judgment on 6 Decem-
in Case C-166/00: Commission of the European Communi-                      ber 2001, in which it:
                    ties v Hellenic Republic (1)
(Failure by a Member State to fulfil its obligations — Failure
to transpose Directives 97/41/EC, 98/51/EC and 98/67/EC)
                                                                           1.    Declares that, by not bringing into force, within the prescribed
                                                                                 period, the laws, regulations and administrative provisions
                           (2002/C 84/38)                                        necessary to comply with:
                      (Language of the case: Greek)
(Provisional translation; the definitive translation will be published           —     Council Directive 97/41/EC of 25 June 1997 amending
                    in the European Court Reports)                                     Directives 76/895/EEC, 86/362/EEC, 86/363/EEC
                                                                                       and 90/642/EEC relating to the fixing of maximum
                                                                                       levels for pesticide residues in and on, respectively, fruit
                                                                                       and vegetables, cereals, foodstuffs of animal origin, and
In Case C-166/00: Commission of the European Communities                               certain products of plant origin, including fruit and
(Agent: M. Condou-Durande) v Hellenic Republic (Agents:                                vegetables,