CELEX: C1997/040/09
Language: en
Date: 1997-02-08 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Case C-297/95 Commission of the European Communities v. Federal Republic of Germany (Failure by a Member State to fulfil obligations - Directive 91/271/EEC - Urban waste water treatment)

8 . 2 . 97            i EN |               Official Journal of the European Communities                                     No C 40/5
Riihl, Principal Administrator, for the Registrar, has given          1 . declares that, by failing to adopt within the period
a judgment on 12 December 1996 , in which it has ruled:                    prescribed the laws, regulations and administrative
                                                                           provisions necessary to comply with Council Directive
1 . The first indent of Article 7 (2) of Council Directive                  9 1 /271 /EEC of 21 May 1991 concerning urban waste
       86/653/EEC of 18 December 1986 on the                                water treatment, the Federal Republic of Germany has
       coordination of the laws of the Member States relating              failed to fulfil its obligations under Article 1 9 of that
       to self-employed commercial agents must be                           Directive;
      interpreted as meaning that, where a commercial agent
      is responsible for a geographical area , he is entitled to      2 . orders the Federal Republic of Germany to pay the
      commission on transactions concluded with customers                   costs .
      belonging to that area, even if they were concluded
       without any action on his part.                                (') OJ No C 286 , 28 . 10 . 1995 .
2 . Article 7 (2) of Directive 86/653/EEC must be
       interpreted to the effect that the meaning of the term
       'customer belonging to that area ' must be determined,
      where the customer is a legal person, by the place
      where the latter actually carries on its commercial
      activities. Where a company carries on its commercial                            JUDGMENT OF THE COURT
      activity in various places, or where the agent operates                                  ( Fifth Chamber )
       in several areas, other factors may be taken into
                                                                                            of 12 December 1996
      account to determine the centre of gravity of the
       transaction effected, in particular the place where            in     Case     C-302/95 Commission of the             European
       negotiations with the agent took place or should, in                           Communities v. Italian Republic (')
       the normal course of events, have taken place, the
      place where the goods were delivered and the place              (Failure of a Member State to fulfil its obligations —
       where the establishment which placed the order is                 Directive 91/271/EEC — Urban waste water treatment)
       located.                                                                                   ( 97/C 40/ 10 )
(■) OJ No C 174 , 8 . 7. 1995 .                                                         (Language of the case: Italian)
                                                                         (Provisional translation; the definitive translation will be
                                                                                  published in the European Court Reports)
                 JUDGMENT OF THE COURT                                In Case C-302/95 : Commission of the European
                          (Fifth Chamber)                             Communities ( Agents: Dominique Maidani and Laura
                       of 12 December 1996
                                                                      Pignataro ) v. Italian Republic ( Agent: Umberto Leanza ,
                                                                      assisted by Pier Giorgio Ferri ) — application for a
in      Case C-297/95 Commission of the European                      declaration that, by not adopting the laws, regulations or
         Communities v. Federal Republic of Germany ( 1 )             administrative provisions necessary to comply with
 (Failure by a Member State to fulfil obligations —                   Council Directive 91 /271/EEC of 21 May 1991
   Directive 91/271/EEC — Urban waste water treatment)                concerning urban waste water treatment ( OJ No L 135 ,
                                                                      30 . 5 . 1991 , p. 40 ) or, in any event, by not notifying the
                            ( 97/C 40/09 )                            Commission thereof, the Italian Republic has failed to
                                                                      fulfil its obligations under that Directive and under the EC
                  (Language of the case: German)                      Treaty — the Court ( Fifth Chamber ), composed of: J. C.
                                                                      Moitinho de Almeida, President of the Chamber, L. Sevon
   (Provisional translation; the definitive translation will be        ( Rapporteur ), D. A. O. Edward, P. Jann and M. Wathelet,
            published in the European Court Reports)                  Judges; P. Leger, Advocate-General ; R. Grass, Registrar,
                                                                      gave a judgment on 12 December 1996 , in which it:
In Case C-297/95 : Commission of the European
 Communities ( Agent: Gotz zur Hausen ) v. Federal                     1 . declares that, by not adopting the laws, regulations
Republic of Germany ( Agents : Ernst Roder and Bernd                        and administrative provisions necessary to comply
Kloke ) — application for a declaration that, by failing to                 with Council Directive 91 /271 /EEC of 21 May 1991
 adopt within the period prescribed the measures necessary                  concering urban waste water treatment, the Italian
to comply with Council Directive 91 /271 /EEC of 21 May                     Republic has failed to fulfil its obligations under
 1991 concerning urban waste water treatment ( OJ No                        Article 19 of that Directive;
 L 135 , 30 . 5 . 1991 , p. 40 ), the Federal Republic of
 Germany has failed to fulfil its obligations under the EC
 Treaty — the Court ( Fifth Chamber), composed of: J. C.               2 . orders the Italian Republic to pay the costs.
 Moitinho de Almeida, President of the Chamber, L. Sevon
 ( Rapporteur ), D. A. O. Edward, P. Jann and M. Wathelet,             (■) OJ No C 286 , 28 . 10 . 1995 .
Judges; G. Tesauro, Advocate-General ; R. Grass, Registrar,
 has given a judgment on 12 December 1996 , in which it: