CELEX: C1996/354/17
Language: en
Date: 1996-11-23 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 26 September 1996 in Case C-117/95: Commission of the European Communities v. Italian Republic (Failure of a Member State to fulfil its obligations - Directive 92/35/EEC - Directive 92/40/EEC - Failure to transpose within the period prescribed)

23.11.96            I EN                    Official Journal of the European Communities                                   No C 354/9
              JUDGMENT OF THE COURT                                    and H. Ragnemalm, Judges; A. La Pergola, Advocate­
                        ( Sixth Chamber )                              General; R. Grass, Registrar, has given a judgment on
                                                                       26 September 1996 in which it:
                     of 26 September 1996
in Case C-79/95 : Commission of the European
                                                                       1 . declares that, by failing to adopt the laws, regulations
            Communities v. Kingdom of Spain (')
                                                                            and administrative provisions necessary to comply with
(Failure to fulfil obligations — Failure to transpose a                     Council Directive 89/654/EEC of 30 November 1989
                              directive)                                    concerning the minimum safety and health requirements
                           ( 96/C 354/ 16 )                                 for the workplace, Council Directive 89/6S5/EEC of
                                                                            30 November 1 989 concerning the minimum safety and
                                                                            health requirements for the use of work equipment by
               (Language of the case: Spanish)                              workers at work, Council Directive 89/65 6/EEC of
                                                                            30 November 1989 on the minimum health and safety
                                                                            requirements for the use by workers of personal
(Provisional translation; the definitive translation will be                protective equipment at the workplace, Council
         published in the European Court Reports)                           Directive 90/269/EEC of 29 May 1 990 on the minimum
                                                                            health and safety requirements for the manual handling
In Case C-79/95 : Commission of the European                                of loads where there is a risk particularly of back injury
Communities ( Agent: Blanca Rodriguez Galindo ) v.                          to workers, Council Directive 90/270/EEC of 29 May
Kingdom of Spain ( Agents : Alberto Jose Navarro Gonzalez                   1 990 on the minimum safety and health requirements
and Gloria Calvo Diaz ) — application for a declaration that,               for work with display screen equipment and Council
by failing to adopt the laws, regulations and administrative                Directive 90/394/EEC of 28 June 1990 on the
provisions necessary to comply with :                                       protection of workers from the risks related to
                                                                            exposure to carcinogens at work, the Kingdom of Spain
                                                                            has failed to fulfil its obligations under Article 10 ( 1 ) of
— Council Directive 89/391 /EEC of 12 June 1989 on the                      Directives 89/654/EEC, 89/655/EEC and 89/656/EEC,
    introduction of measures to encourage improvements in                   Article 9 (1 ) of Directive 90/269/EEC, Article 11 ( 1 ) of
    the health and safety of workers at work ( OJ No L 183 ,                Directive 90/270/EEC and Article 19 ( 1 ) of Directive
    1989 , p. 1 );                                                          90/394/EEC;
— Council Directive 89/654/EEC of 30 November 1989
                                                                       2 . orders the Kingdom of Spain to pay the costs.
    concerning the minimum safety and health requirements
    for the workplace ( OJ No L 393 , 1989 , p. 1 );
                                                                       (') OJ No C 159 , 24 . 6 . 1995 .
— Council Directive 89/655/EEC of 30 November 1989
    concerning the minimum safety and health requirements
    for the use of work equipment by workers at work ( OJ
    No L 393 , 1989 , p. 13 );
— Council Directive 89/656/EEC of 30 November 1989 on
    the minimum health and safety requirements for the use                            JUDGMENT OF THE COURT
    by workers of personal protective equipment at the                                          ( Sixth Chamber )
    workplace ( OJ No L 393 , 1989 , p. 18 );
                                                                                            of 26 September 1996
— Council Directive 90/269/EEC of 29 May 1990 on the                   in Case C-l 17/95 : Commission of the European
    minimum health and safety requirements for the manual                            Communities v. Italian Republic (')
    handling of loads where there is a risk particularly of            (Failure of a Member State to fulfil its obligations —
    back injury to workers ( OJ No L 156 , 1990, p. 9 );               Directive 92/35/FEC — Directive 92/40/EEC — Failure to
                                                                                  transpose within the period prescribed)
— Council Directive 90/270/EEC of 29 May 1990 on the                                               ( 96/C 354/ 17 )
    minimum safety and health requirements for work with
    display screen equipment ( OJ No L 156 , 1990 , p. 14 );                            (Language of the case: Italian)
    and
 — Council Directive 90/394/EEC of 28 June 1990 on the                  (Provisional translation; the definitive translation will be
    protection of workers from the risks related to exposure                     published in the European Court Reports)
    to carcinogens at work ( OJ No L 196 , 1990 , p. 1 ),
                                                                       In Case C-l 17/95 : Commission of the European
 the Kingdom of Spain has failed to fulfil its obligations              Communities ( Agent: Eugenio de March ) v. Italian Republic
 under those Directives, the Court ( Sixth Chamber ),                   ( Agent: Umberto Leanza , assisted by Pier Giorgio Ferri ) —
 composed of: C. N. Kakouris, President of the Chamber,                application for a declaration that, by failing to adopt
 G. F. Mancini , P. J. G. Kapteyn, J. L. Murray ( Rapporteur )         within the period prescribed the laws, regulations and
 ---pagebreak--- No C 354/ 10           EN                  Official Journal of the European Communities                                     23 . 11 . 96
administrative provisions necessary to comply with Council            von Holstein, Deputy Registrar, for the Registrar, has given
Directive 92/35/EEC of 29 April 1992 laying down control              a judgment on 26 September 1996 , in which it rules :
rules and measures to combat African horse sickness ( OJ No
L 157, 1992, p. 19 ) and Council Directive 92/40/EEC of               1 . Article 3 of Council Directive 76/464/EEC of 4 May
 19 May 1992 introducing Community measures for the                        1976 on pollution caused by certain dangerous
control of avian influenza ( OJ No L 167, 1992, p. 1 ), the                substances discharged into the aquatic environment of
Italian Republic has failed to fulfil its obligations under the            the Community is to be interpreted as making any
EC Treaty — the Court ( Sixth Chamber ), composed of:                      discharge of cadmium, irrespective of the date on which
C. N. Kakouris, President of the Chamber, P. J. G. Kapteyn                 the plant from which it comes commenced operation,
and H. Ragnemalm ( Rapporteur), Judges; N. Fennelly,                       subject to the issue of a prior authorization.
Advocate-General ; R. Grass, Registrar, gave a judgment on
26 September 1996 , in which it:                                      2 . In the absence of full transposition by a Member State
                                                                           within the time allowed of Directive 76/464/EEC, and
 1 . declares that, by failing to adopt within the period                  therefore of Article 3 thereof, and of Council Directive
     prescribed the laws, regulations and administrative                   83/513/EEC of 26 September 1983 on limit values and
     provisions necessary to comply with Council Directive                 quality objectives for cadmium discharges, a public
     92/35/EEC of 29 April 1992 laying down control rules                  authority of that State may not rely on that Article 3
     and measures to combat African horse sickness and                     against an individual.
     Council Directive 92/40/EEC of 19 May 1992
     introducing Community measures for the control of                3 . There is no method of procedure in Community law
     avian influenza, the Italian Republic has failed to fulfil            allowing the national court to eliminate national
     its obligations under Articles 20 and 22, respectively, of            provisions contrary to a provision of a Directive which
     those Directives;                                                     has not been transposed where that provision may not
                                                                           be relied upon before the national court.
2 . orders the Italian Republic to pay the costs.
                                                                      (>) OJ No C 208 , 12 . 8 . 1995 .
(') OJ No C 159 , 24 . 6 . 1995 .
                                                                                    JUDGMENT OF THE COURT
                                                                                             ( Sixth Chamber )
               JUDGMENT OF THE COURT
                                                                                            of 3 October 1996
                       (Fourth Chamber )
                     of 26 September 1996                             in Case C-41 /94 : Federal Republic of Germany v.
                                                                              Commission of the European Communities ( ! )
in Case C-l 68/95 ( reference for a preliminary ruling from
the Pretura Circondariale di Vicenza ): Criminal proceedings          (Clearance of accounts — EAGGF — Special premium for
                   against Luciano Arcaro (')                             beef and veal producers — Expenditure disallowed)
                                                                                                ( 96/C 354/ 19 )
(Cadmium discharges — Interpretation of Council
Directives 76/464/EEC and 83/513/EEC — Direct effect
— Possibility for a Directive to be relied on against an                             (Language of the case : German)
                             individual)
                                                                      (Provisional translation; the definitive translation will be
                          ( 96/C 354/18 )                                      published in the European Court Reports)
                 (Language of the case: Italian)                      In Case C-41 /94 : Federal Republic of Germany (Agents :
                                                                      Ernst Roder and Bernd Kloke ) v. Commission of the
(Provisional translation; the definitive translation will be          European Communities ( Agent: Ulrich Wolker, assisted by
          published in the European Court Reports)                    Georg M. Berrisch and Hans-Jiirgen Rabe ) — application
                                                                      for the annulment of Commission Decision 93/659/EC of
In Case C- 168/95 : reference to the Court under Article 177          25 November 1993 on the clearance of the accounts
of the EC Treaty from the Pretura Circondariale [District             presented by the Member States in respect of the
Magistrate's Court], Vicenza, ( Italy ) for a preliminary ruling      expenditure for 1990 of the European Agricultural
in the criminal proceedings pending before that court                 Guidance and Guarantee Fund ( EAGGF ), Guarantee
against Luciano Arcaro — on the interpretation of Council             Section ( OJ No L 301 , 1993 , p. 13 ), to the extent to which it
Directive 76/464/EEC of 4 May 1976 on pollution caused                did not charge to the EAGGF the sum of DM 7 518 141
by certain dangerous substances discharged into the aquatic           disbursed by the Federal Republic of Germany in relation to
environment of the Community ( OJ No L 129, 1976 , p. 23 )            the Community scheme providing for a special premium for
and Council Directive 83/513/EEC of 26 September 1983                 beef and veal producers — the Court ( Sixth Chamber ),
on limit values and quality objectives for cadmium                    composed of C. N. Kakouris ( Rapporteur ), President of the
discharges ( OJ No L 291 , 1983 , p. 1 ) — the Court ( Fourth         Chamber, P. J. G. Kapteyn and J. L. Murray, Judges,
Chamber ), composed of: C. N. Kakouris ( Rapporteur ),                Advocate-General : A. La Pergola, Registrar: H. A. Riihl ,
President of the Chamber, P. J. G. Kapteyn and H.                     Principal Administrator, gave a judgment on 3 October
Ragnemalm, Judges ; M. B. Elmer, Advocate-General ; H.                1996 , in which it: