CELEX: C2002/084/71
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-458/01: Action brought on 29 November 2001 by the Commission of the European Communities against the Italian Republic

6.4.2002               EN                   Official Journal of the European Communities                                     C 84/41
The applicant claims that the Court should:                            Pleas in law and main arguments
—     partially annul the judgment of the Court of First Instance
      of the European Communities of 19 September 2001 in              Article 249 EC (formerly Article 189 of the EC Treaty), which
      Case T-336/999, served on 1 October 2001;                        provides that a directive is binding, as to the result to be
                                                                       achieved, on the Member State to which it is addressed, entails
      annul the decision of the Third Board of Appeal of the           an obligation on the Member States to adhere to the time-
      Office for Harmonisation in the Internal Market of               limits for implementation laid down in directives. That time-
      21 September 1999 in Case R 71/1999-3 relating to                limit expired on 1 July 2000 before the Italian Republic had
      Community trade mark application number 703 231;                 taken the necessary measures to comply with the directive
                                                                       which is the subject of the Commission’s claims.
—     order the Office for Harmonisation in the Internal Market
      to pay the costs of the proceedings.
Pleas in law and main arguments
                                                                       Action brought on 29 November 2001 by the Com-
The same as in Case C-456/01P.                                            mission of the European Communities against Ireland
(1) Not yet published in the court reports.                                                     (Case C-459/01)
                                                                                                 (2002/C 84/72)
                                                                       An action against Ireland was brought before the Court of
                                                                       Justice of the European Communities on 29 November 2001
Action brought on 29 November 2001 by the Com-                         by the Commission of the European Communities, represented
mission of the European Communities against the Italian                by Christopher Docksey and Karen Banks, acting as agents,
                              Republic                                 with an address for service in Luxembourg.
                          (Case C-458/01)
                                                                       The Applicant requests that the Court should:
                           (2002/C 84/71)
                                                                       1.    declare that by failing to adopt the laws, regulations
                                                                             or administrative provisions necessary to comply with
                                                                             European Parliament and Council Directive 95/46/EC of
An action against the Italian Republic was brought before the                24 October 1995 concerning the protection of individ-
Court of Justice of the European Communities on 29 Novem-                    uals with regard to the processing of personal data and
ber 2001 by the Commission of the European Communities,                      on the free movement of such data (1) and European
represented by Chiara Cattabriga and Arnaud Bordes, acting as                Parliament and Council Directive 97/66/EC of 15 Decem-
Agents.                                                                      ber 1997 concerning the processing of personal data and
                                                                             the protection of privacy in the telecommunications
                                                                             sector (2), or, in any event, by failing to inform the
                                                                             Commission of those measures, Ireland has failed to fulfil
The applicant claims that the Court should:                                  its obligations under the said Directives, and
—     declare that by failing to adopt within the prescribed           2.    order Ireland to pay the costs of this action.
      period the laws, regulations and administrative provisions
      necessary to comply with Council Directive 1999/90/EC
      of 15 November 1999 amending Directive 90/539/EEC
      on animal health conditions governing intra-Community
      trade in and imports from third countries of poultry and         Pleas in law and main arguments
      hatching eggs the Italian Republic has failed to fulfil its
      obligations under the EC Treaty;
                                                                       Article 249 EC, under which a directive shall be binding as to
—     order the Italian Republic to pay the costs.                     the result to be achieved, upon each Member State, carries by