CELEX: C2001/212/25
Language: en
Date: 2001-07-28 00:00:00
Title: Case C-210/01: Action brought on 22 May 2001 by the Commission of the European Communities against the Italian Republic

28.7.2001              EN                     Official Journal of the European Communities                                        C 212/15
3.    If Question 2 is answered in the negative: Is it contrary to       their transposition. That time-limit expired on 15 June 1999
      Article 48 of the EC Treaty if an EC official living in            without the Italian Republic having brought into force the
      Luxembourg who is deemed to be resident in Germany                 necessary provisions in order to comply with the directive
      and pays contributions in Luxembourg to the statutory              referred to in the Commission’s application.
      pension insurance scheme for a household help is not
      entitled to deduct special expenditure under Para-
      graph 10(1)(8) of the Einkommensteuergesetz?                       (1) OJ L 71, 10.3.1998, p. 1.
4.    If Question 3 is answered in the affirmative: May the
      principles developed in the judgment in Case C-112/91
      Werner [1993] ECR I-429 be applied to the present case?
                                                                         Action brought on 23 May 2001 by Commission of the
                                                                         European Communities against Council of the European
                                                                                                       Union
                                                                                                 (Case C-211/01)
Action brought on 22 May 2001 by the Commission of                                               (2001/C 212/26)
 the European Communities against the Italian Republic
                                                                         An action against Council of the European Union was brought
                                                                         before the Court of Justice of the European Communities on
                         (Case C-210/01)                                 23 May 2001 by the Commission of the European Communi-
                                                                         ties, represented by M. Wolfcarius, acting as Agent, with an
                                                                         address for service in Luxembourg.
                         (2001/C 212/25)
                                                                         The applicant claims that the Court should:
An action against the Italian Republic was brought before the            —     annul the Council decisions of 19 March 2001 concern-
Court of Justice of the European Communities on 22 May                         ing the conclusion of the agreement between the Euro-
2001 by the Commission of the European Communities,                            pean Community and Bulgaria and Hungary (1) on trans-
represented by Hans Støvlbæk and Roberto Amorosi, acting as                    port inasmuch as they are based on Article 93 EC whereas
Agents.                                                                        the necessary and sufficient legal basis is Article 71 EC;
                                                                         —     maintain the effects of those agreements until the Council
The applicant claims that the Court should:                                    adopts new measures;
                                                                         —     order the Council to pay the costs.
—     Declare that, by failing to adopt and bring into force
      within the prescribed period the laws, regulations and
      administrative provisions necessary to comply with Com-
      mission Directive 98/11/EC of 27 January 1998                      Pleas in law and main arguments
      implementing Council Directive 92/75/EEC with regard
      to energy labelling of household lamps (1) or, in any              The proper legal basis for the adoption of the transport
      event, by failing to forward them to the Commission, the           agreements referred to is Article 71 EC, the only basis required
      Italian Republic failed to fulfil its obligations under that       by the primary objective of the said instruments. The fiscal
      directive; and                                                     element must form an integral part of those agreements
                                                                         because it is involved in the objective of implementing the
—     Order the Italian Republic to pay the costs.                       common transport policy. Its role is to ensure that the system
                                                                         of reciprocal authorisations, created under the agreements, is
                                                                         run in a non-discriminatory manner.
Pleas in law and main arguments                                          The concurrent use of Article 93 EC as a legal basis is precluded
                                                                         by the fact that Article 71 requires only qualified majority
                                                                         voting in the Council, whereas Article 93 requires unanimity.
Under Article 249 of the EC Treaty, according to which a                 Admittedly, the problem regarding consultation of the Euro-
directive is to be binding, as to the result to be achieved, upon        pean Parliament has not arisen in practice in light of
each Member State to which it is addressed, Member States are            Article 300(3) which governs the conclusion of international
required to observe the time-limits laid down in directives for          agreements. Nevertheless the possibility remains since the