CELEX: C2002/118/32
Language: en
Date: 2002-05-18 00:00:00
Title: Case C-101/02: Action brought on 19 March 2002 by the Commission of the European Communities against the Italian Republic

C 118/20                EN                    Official Journal of the European Communities                                        18.5.2002
Action brought on 19 March 2002 by the Commission of                     The Commission therefore concludes that the Italian Govern-
  the European Communities against the Italian Republic                  ment has failed to implement Directive 92/51 in respect of
                                                                         access to those professions.
                          (Case C-101/02)
                                                                         (1) OJ L 209 of 24.7.1992, p. 25.
                                                                         (2) OJ L 19 of 24.1.1989, p. 16.
                          (2002/C 118/32)
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 19 March
2002 by the Commission of the European Communities,
represented by Maria Patakia and Antonio Aresu, acting as                Action brought on 20 March 2002 by the Commission of
Agents.                                                                    the European Communities against the Italian Republic
                                                                                                   (Case C-103/02)
The applicant claims that the Court should:
                                                                                                   (2002/C 118/33)
—     declare that, by not having implemented the provisions
      of Council Directive 92/51/EEC (1) of 18 June 1992 on a
      second general system for the recognition of professional
      education and training to supplement Directive 89/48/
      EEC (2) in relation to the professional activities of athletes,    An action against the Italian Republic was brought before the
      coaches, technical and sporting directors and athletics            Court of Justice of the European Communities on 20 March
      trainers, the Italian Republic has failed to comply with its       2002 by the Commission of the European Communities,
      obligations under that directive.                                  represented by Richard Wainwright and Roberto Amorosi,
                                                                         acting as Agents.
—     order the Italian Republic to pay the costs.
                                                                         The applicant claims that the Court should:
                                                                         —     declare that, by adopting the decree of 5 February 1998
                                                                               on the identification of non-hazardous waste covered by
Pleas in law and main arguments
                                                                               the simplified recovery procedures under Articles 31 and
                                                                               33 of Legislative Decree No 55 of 5 February 1997
                                                                               which,
It is apparent from an examination of the provisions of Law
No 91/81 that the activities of athlete, coach, technical and                  a.    contrary to the first and second indents of the first
sporting director and athletics trainer are regulated professions                    paragraph of Article 11 and Article 10 of Directive
in Italy within the meaning of Directive 92/51. Consequently,                        75/442/EEC (1), as amended, exempts establishments
when the competent Italian authorities receive an application                        and undertakings which recover non-hazardous
for recognition of professional education and training in                            waste from seeking authorisation, without such
respect of those activities they are required to examine that                        exemption being subject to the following require-
application in accordance with the rules laid down by that                           ments: (1) prior setting of a maximum quantity of
directive.                                                                           waste; (2) compliance with the conditions laid down
                                                                                     in Article 4 of Directive 75/442/EEC, as amended,
                                                                                     regarding the quantity of waste processed by the
Article 13 of Decree-Law No 319/94 lists the authorities                             establishments exempt from authorisation,
responsible for the recognition of professional education and
training, providing in particular at subparagraph (a) that the                 b.    contrary to the first indent of Article 11(1) of
minister responsible for supervising the professions referred to                     Directive 75/442/EEC, as amended, does not define
in Article 2(a) is competent to rule on applications for                             precisely the kinds of waste covered by the exemp-
recognition in accordance with annex C of that decree. The                           tion from authorisation and thus, also contrary to
relevant annex lists a number of professions and the ministers                       Article 3 of Directive 91/689/EEC (2), in certain
competent to examine applications for recognition of qualifi-                        cases, as a result of the lack of clarity and precision,
cations concerning those professions. However the only sport-                        allows establishments or undertakings which
ing professions listed are those of ski instructor, sailing                          recover certain kinds of hazardous waste to be
instructor, mountain guide and potholing guide with no                               exempted from seeking authorisation on the basis
reference to athlete, coach, technical and sporting director and                     of the less stringent requirements provided for in
athletics trainer.                                                                   respect of non-hazardous waste,