CELEX: C2001/150/07
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court of 18 January 2001 in Case C-361/98: Italian Republic v Commission of the European Communities (Council Regulation (EEC) No 2408/92 — Application for annulment of Commission Decision 98/710/EC — Distribution of air traffic between the airports of Milan — "Malpensa 2000")

C 150/4                   EN                      Official Journal of the European Communities                                          19.5.2001
                  JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                            (First Chamber)                                                          of 18 January 2001
                          of 11 January 2001                                 in Case C-361/98: Italian Republic v Commission of the
                                                                                                European Communities (1)
in Case C-370/99: Commission of the European Communi-                        (Council Regulation (EEC) No 2408/92 — Application for
                             ties v Ireland (1)                              annulment of Commission Decision 98/710/EC — Distri-
                                                                             bution of air traffic between the airports of Milan —
                                                                                                      ‘Malpensa 2000’)
(Failure of a Member State to fulfil its obligations —
Directive 96/9/EC — Failure to implement within the
                           prescribed period)                                                          (2001/C 150/07)
                            (2001/C 150/06)
                                                                                                 (Language of the case: Italian)
                     (Language of the case: English)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-370/99: Commission of the European Communities
(Agents: K. Banks and M. Desantes) v Ireland (Agents:
M.A. Buckley) — application for a declaration that, by failing               In Case C-361/98: Italian Republic (Agents: U. Leanza, assisted
to adopt the laws, regulations and administrative provisions                 by I.M. Braguglia and P.G. Ferri) v Commission of the
necessary to comply with Directive 96/9/EC of the European                   European Communities (Agents: F. Benyon and L. Pignataro)
Parliament and of the Council of 11 March 1996 on the legal                  — application for annulment of Commission Decision
protection of databases (OJ 1996 L 77, p. 20), Ireland has                   98/710/EC of 16 September 1998 on a procedure relating to
failed to fulfil its obligations under that directive — the Court            the application of Council Regulation (EEC) No 2408/92
(First Chamber), composed of: M. Wathelet, President of the                  (Case VII/AMA/11/98 — Italian traffic distribution rules for
Chamber, P. Jann and L. Sevón (Rapporteur), Judges; P. Léger,               the airport system of Milan) (OJ 1998 L 337, p. 42) —
Advocate General; R. Grass, Registrar, has given a judgment                  the Court, composed of: G.C. Rodrı́guez Iglesias, President,
on 11 January 2001, in which it:                                             C. Gulmann, A. La Pergola, M. Wathelet and V. Skouris
                                                                             (Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet,
                                                                             P. Jann, L. Sevón, R. Schintgen and F. Macken (Rapporteur),
1.    Declares that, by failing to adopt the laws, regulations and           Judges; G. Cosmas, Advocate General; H. von Holstein, Deputy
      administrative provisions necessary to comply with Directive           Registrar, for the Registrar, has given a judgment on 18 January
      96/9/EC of the European Parliament and of the Council of               2001, in which it:
      11 March 1996 on the legal protection of databases, Ireland
      has failed to fulfil its obligations under that directive;
                                                                             1.    Dismisses the application;
2.    Orders Ireland to pay the costs.
                                                                             2.    Orders the Italian Republic to pay the costs.
(1) OJ C 352 of 4.12.1999.                                                   (1) OJ C 378 of 5.12.1998.