CELEX: C1999/352/49
Language: en
Date: 1999-12-04 00:00:00
Title: Removal from the register of Case C-336/98

4.12.1999              EN                   Official Journal of the European Communities                                         C 352/29
The applicant claims that the Court, rejecting all contrary            The applicant claims that the Court should:
applications, objections or inferences, should:
                                                                       1. Declare that, by failing to adopt the laws, regulations and
— declare that the Italian Republic has failed to fulfil its               administrative provisions necessary to comply with
    obligations under Council Directive 93/13/EEC of 5 April
    1993 on unfair terms in consumer contracts (1), in that it
    has omitted to adopt the measures necessary in order to:               (a) Council Directive 96/51/EC (1) of 23 July 1996
                                                                                amending Directive 70/524/EEC concerning additives
    — apply the provisions of that directive to all contracts                   in feedingstuffs;
         concluded between consumers and sellers or suppliers;
                                                                           (b) Directive 96/93/EC (2) of 17 December 1996 on the
    — transpose the third sentence of Article 5 of that                         certification of animals and animal products;
         directive;
    — transpose in its entirety Article 6(2) of that directive;            or in any event by failing to communicate such provisions,
                                                                           the Italian Republic has failed to fulfil its obligations under
                                                                           the Treaty and those directives;
    — transpose in its entirety Article 7(3) of that directive;
— order the Italian Republic to pay the costs.                         2. Order the Italian Republic to pay the costs.
Pleas in law and main arguments
                                                                       Pleas in law and main arguments
The Commission claims that the Italian legislation transposing
Directive 93/13/EEC does not fulfil all the requirements of that       Under Article 249 of the EC Treaty, according to which a
directive. In particular, the Commission asserts that the Italian      directive is to be binding, as to the result to be achieved, upon
Republic has committed the following infringements:                    each Member State to which it is addressed, Member States are
                                                                       required to observe the time-limits laid down in directives for
                                                                       their transposition. That time-limit expired without the Italian
— the scope of application of the national legislation is more         Republic having brought into force the necessary provisions
    restricted than that of the directive;                             in order to comply with the directive referred to in the
                                                                       Commission’s application.
— the third sentence of Article 5 of the directive has not been
    transposed;
— Articles 6(2) and 7(3) of the directive have not been                (1) OJ 1996 L 235, p. 39.
    transposed in their entirety.                                      (2) OJ 1997 L 13, p. 18.
(1) OJ L 95 of 21.4.1993, p. 29.
                                                                              Removal from the register of Case C-336/98 (1)
Action brought on 12 October 1999 by the Commission
of the European Communities against the Italian Republic                                        (1999/C 352/49)
                         (Case C-395/99)                               By order of 21 June 1999 the President of the Court of Justice
                                                                       of the European Communities has ordered the removal from
                                                                       the register of Case-336/98 (reference for a preliminary
                         (1999/C 352/48)                               ruling from the Tribunale Amministrativo Regionale per la
                                                                       Lombardia): Agenzia R di Recapito Srl v Poste Italiane SpA
                                                                       and Rinaldi Angenzia di Recapito Srl.
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 12 October
1999 by the Commission of the European Communities,
                                                                       (1) OJ C 340 of 7.11.1998.
represented by Francesco P. Ruggeri Laderchi, of its Legal
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gómez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg.