CELEX: C2000/020/24
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-419/99: Action brought on 29 October 1999 by the Commission of the European Communities against the Italian Republic

C 20/12                EN                    Official Journal of the European Communities                                   22.1.2000
Pleas in law and main arguments                                         time-limit expired on 30 September 1997, but the Italian
                                                                        Republic had not adopted the measures necessary to comply
Article 249 EC (formerly Article 189 of the EC Treaty),                 with the directive mentioned in the forms of order sought by
according to which a directive is to be binding, as to the result       the Commission.
to be achieved, upon each Member State to which it is
addressed, requires Member States to observe the time-limits
laid down in directives for their transposition. The time-limit         (1) OJ L 48 of 19 February 1997, p. 20.
in the present case expired on 30 June 1998 without the
Italian Republic having adopted the necessary provisions in
order to comply with the directive referred to in the Com-
mission’s application. Failure by a State to comply with its
obligations — Failure to transpose, within the period pre-
scribed for that purpose, Directive 97/68/EC of the European
Parliament and of the Council of 16 December 1997 on the
approximation of the laws of the Member States relating to
measures against the emission of gaseous and particulate                Action brought on 29 October 1999 by the Commission
pollutants from internal combustion engines to be installed in          of the European Communities against the Italian Republic
non-road mobile machinery.
                                                                                                (Case C-420/99)
(1) OJ L 59 of 27.2.1998, p. 1.
                                                                                                 (2000/C 20/25)
                                                                        An action against the Italian Republic was brought before
                                                                        the Court of Justice of the European Communities by the
                                                                        Commission of the European Communities, represented by
Action brought on 29 October 1999 by the Commission                     Richard Wainwright, of its Legal Service, and Giacinto Bisogni,
of the European Communities against the Italian Republic                a judge of the Court of Appeal, seconded to that Legal Service,
                                                                        acting as Agents, with an address for service at the office of
                                                                        Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
                         (Case C-419/99)
                          (2000/C 20/24)                                The applicant claims that the Court should:
An action against the Italian Republic was brought before               — declare that, by failing to adopt or, in any event, by failing
the Court of Justice of the European Communities by the                     to communicate to the Commission, the laws, regulations
Commission of the European Communities, represented by                      and administrative provisions necessary to comply with
Richard Wainwright, of its Legal Service, and Giacinto Bisogni,             Directive 96/70/EC (1) of the European Parliament and of
a judge of the Court of Appeal, seconded to that Legal Service,             the Council of 28 October 1996 relating to the exploi-
acting as Agents, with an address for service at the office of              tation and marketing of natural mineral waters, the Italian
Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.                         Republic has failed to fulfil its obligations under that
                                                                            directive,
The applicant claims that the Court should:
                                                                        — order the Italian Republic to pay the costs.
— declare that, by failing to adopt or, in any event, by failing
     to communicate to the Commission, the laws, regulations
     and administrative provisions necessary to comply with             Pleas in law and main arguments
     Directive 96/84/EC (1) of the European Parliament and of
     the Council of 19 December 1996 amending Directive
     89/398/EEC on the approximation of the laws of the                 Article 249 EC (formerly Article 189 of the EC Treaty), in
     Member States relating to foodstuffs intended for particular       accordance with which a directive is binding, as to the result
     nutritional uses, the Italian Republic has failed to fulfil its    to be achieved, upon each Member State to which it is
     obligations under that directive,                                  addressed, requires those Member States to comply with the
                                                                        time-limits for implementation laid down in the directive.
— order the Italian Republic to pay the costs.                          The time-limit expired on 28 October 1997, but the Italian
                                                                        Republic had not adopted the measures necessary to comply
                                                                        with the directive mentioned in the forms of order sought by
Pleas in law and main arguments                                         the Commission.
Article 249 EC (formerly Article 189 of the EC Treaty), in
accordance with which a directive is binding, as to the result          (1) OJ L 299 of 23 November 1996, p. 26.
to be achieved, upon each Member State to which it is
addressed, requires those Member States to comply with the
time-limits for implementation laid down in the directive. The