CELEX: C2003/275/38
Language: en
Date: 2003-11-15 00:00:00
Title: Judgment of the Court (First Chamber) of 2 October 2003 in Case C-348/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Failure to implement Directive 1999/13/EC)

C 275/22                EN                           Official Journal of the European Union                                            15.11.2003
                 JUDGMENT OF THE COURT                                                         JUDGMENT OF THE COURT
                          (First Chamber)                                                               (First Chamber)
                        of 2 October 2003                                                             of 2 October 2003
in Case C-348/02: Commission of the European Communi-                        in Case C-89/03: Commission of the European Communi-
                     ties v Italian Republic (1)                                         ties v Grand Duchy of Luxembourg (1)
(Failure of a Member State to fulfil its obligations — Failure               (Failure of a Member State to fulfil its obligations — Failure
              to implement Directive 1999/13/EC)                                             to transpose Directive 93/15/EEC)
                          (2003/C 275/38)                                                              (2003/C 275/39)
                    (Language of the case: Italian)                                               (Language of the case: French)
(Provisional translation; the definitive translation will be published
                                                                             (Provisional translation; the definitive translation will be published
                   in the European Court Reports)
                                                                                                 in the European Court Reports)
In Case C-348/02, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic                In Case C-89/03, Commission of the European Communities
(Agent: U. Leanza, assisted by M. Fiorilli): Application for a               (Agents: L. Ström and B. Stromsky) v Grand Duchy of
declaration that by failing to adopt all the laws, regulations and           Luxembourg (Agents: S. Schreiner): Application for a declar-
administrative provisions necessary to comply with Council                   ation that, by failing to bring into force the laws, regulations
Directive 1999/13/EC of 11 March 1999 on the limitation of                   and administrative provisions necessary to comply with
emissions of volatile organic compounds due to the use of                    Council Directive 93/15/EEC of 5 April 1993 on the harmonis-
organic solvents in certain activities and installations (OJ 1999            ation of the provisions relating to the placing on the market
L 85, p. 1, and corrigendum, OJ 1999 L 188, p. 54) the Italian               and supervision of explosives for civil uses (OJ 1993 L 121,
Republic has failed to fulfil its obligations under Article 15               p. 20), the Grand Duchy of Luxembourg has failed to fulfil its
of that directive, the Court (First Chamber), composed of:                   obligations under that directive, the Court (First Chamber),
M. Wathelet, President of the Chamber, P. Jann and A. Rosas                  composed of: M. Wathelet, President of the Chamber, P. Jann
(Rapporteur), Judges; L.A. Geelhoed, Advocate General;                       and A. Rosas (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
R. Grass, Registrar, has given a judgment on 2 October 2003,                 Advocate General; R. Grass, Registrar, has given a judgment
in which it:                                                                 on 2 October 2003, in which it:
1.   Declares that, by failing to adopt all the laws, regulations and        1.   Declares that, by failing to bring into force the laws, regulations
     administrative provisions necessary to comply with Council                   and administrative provisions necessary to comply with Council
     Directive 1999/13/EC of 11 March 1999 on the limitation                      Directive 93/15/EEC of 5 April 1993 on the harmonisation
     of emissions of volatile organic compounds due to the use of                 of the provisions relating to the placing on the market and
     organic solvents in certain activities and installations, the                supervision of explosives for civil uses, the Grand Duchy of
     Italian Republic has failed to fulfil its obligations under                  Luxembourg has failed to fulfil its obligations under that
     Article 15 of that directive;                                                directive;
2.   Orders the Italian Republic to pay the costs.                           2.   Orders the Grand Duchy of Luxembourg to pay the costs.
(1) OJ C 289 of 23.11.2002.                                                  (1) OJ C 101 of 26.4.2003.