CELEX: C2004/300/38
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (First Chamber) of 14 October 2004 in Case C-143/03: Commission of the European Communities against the Italian Republic (Failure to fulfil obligations — Article 28 EC — National legislation subjecting alkaline batteries to a marking scheme)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/19
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 14 October 2004
   in Case C-143/03: Commission of the European Communities against the Italian Republic (1)
   
   (Failure to fulfil obligations - Article 28 EC - National legislation subjecting alkaline batteries to a marking scheme)
   (2004/C 300/38)
   Language of the case: German
   In Case C-143/03: Commission of the European Communities (Agents: L. Visaggio and R. Amorosi) v the Italian Republic (Agent: I.M. Braguglia, assisted by P. Gentili) — action under Article 226 EC for failure to fulfil obligations, brought on 28 March 2003 — the Court (First Chamber), composed of P. Jann, President of the Chamber, N. Colneric (Rapporteur), J. N. Cunha Rodrigues, M. Ilešič and E. Levits, Judges; Advocate General: D. Ruiz-Jarabo Colomer, Registrar: R. Grass, has given a judgment on 14 October 2004, in which it:
   
               1)
            
            
               Declares that, by subjecting manganese alkaline batteries containing less than 0.0005 % mercury by weight to a marking scheme which requires, in particular, an indication as to the presence of heavy metals, the Italian Republic has failed to fulfil its obligations under Article 28 EC.
            
         
               2)
            
            
               Orders the Italian Republic to pay the costs.
            
         
      (1)  OJ C 135 of 7.6.2003.