CELEX: C2000/047/37
Language: en
Date: 2000-02-19 00:00:00
Title: Case C-469/99: Action brought on 7 December 1999 by the Commission of the European Communities against the Italian Republic

19.2.2000               EN                  Official Journal of the European Communities                                        C 47/23
    Article 7 of Council Directive 90/314/EEC of 3 June 1990           Pleas in law and main arguments
    on package travel, package holidays and package tours (1)
    so far as concerns passenger shipping companies, the               Under Article 189 of the EC Treaty (now Article 249 EC), a
    Hellenic Republic has failed to fulfil its obligations under       directive is to be binding, as to the result to be achieved, upon
    that directive;                                                    each Member State to which it is addressed. A Member State
                                                                       must adopt all the provisions necessary to ensure the effective
— order the Hellenic Republic to pay the costs.                        application of directives, in accordance with the objectives
                                                                       pursed by them, and may not plead provisions, practices or
                                                                       circumstances existing in its internal legal system in order to
Pleas in law and main arguments                                        justify a failure to comply with its obligations or time-limits
                                                                       under those directives.
The Greek authorities announced that they would amend
Article 7 of the Presidential Decree so that the obligation to         It is undisputed that the Italian Republic was to provide the
insure laid down therein would also cover passenger shipping           Commission with the information required under Article 8(3)
companies.                                                             of Directive 91/689/EEC in the manner prescribed by Decision
                                                                       96/302/EC.
The Commission considers that it is the task of the Greek              It has failed to do so, nor does the Commission consider itself
authorities to undertake in good time the procedures necessary         to have properly received the information following the
in order for the provisions of the directive at issue to be            reasoned opinion.
transposed fully into Greek law.
                                                                       The Commission therefore finds that the Italian Republic has
The Commission states that up until now the Hellenic Republic          failed to fulfil its obligations under Community law.
has failed to adopt the appropriate measures for the full
incorporation into Greek law of Article 7 of Directive
90/314/EEC so far as concerns shipping companies.                      (1) Council Directive 91/689/EEC of 12 December 1991 on hazard-
                                                                           ous waste. OJ 1991 L 377, p. 20.
                                                                       (2) Commission Decision 96/302/EC of 17 April 1996.
(1) OJ No L 158, 23.6.1990, p. 59.
                                                                       Reference for a preliminary ruling from the Landesgericht
                                                                       für Zivilrechtssachen Wien, by order of that court of
                                                                       9 September 1999 in the case of CLEAN CAR Autoservice
Action brought on 7 December 1999 by the Commission                    GmbH against (1) the City of Vienna and (2) the Republic
of the European Communities against the Italian Republic                                             of Austria
                         (Case C-469/99)                                                          (Case C-472/99)
                          (2000/C 47/37)                                                           (2000/C 47/38)
                                                                       Reference has been made to the Court of Justice of the
An action against the Italian Republic was brought before the
                                                                       European Communities by order of the Landesgericht für
Court of Justice of the European Communities on 7 December
                                                                       Zivilrechtssachen Wien (Regional Civil Court, Vienna), of
1999 by the Commission of the European Communities,
                                                                       9 September 1999, received at the Court Registry on
represented by Lena Ström, of its Legal Service, and Giacinto
                                                                       9 December 1999, for a preliminary ruling in the case of
Bisogni, appeal court judge on secondment to the Legal
                                                                       CLEAN CAR Autoservice GmbH against (1) the City of Vienna
Service, acting as Agents, with an address for service in
                                                                       and (2) the Republic of Austria, on the following question:
Luxembourg at the office of Carlos Gómez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg.
                                                                       Where, as in the present case, a Member State (Austria) has
                                                                       not prescribed any national rules enabling national courts to
The applicant claims that the Court should:                            decide and to award or, as the case may be, to apportion, in
                                                                       relation to the parties to the proceedings, the costs of a
— Declare that, by failing to provide the Commission with              reference for a preliminary ruling, how is Article 104(5) of the
    the information required under Article 8(3) of Council             Rules of Procedure of the Court of Justice of the European
    Directive 91/689/EEC (1), in the format established in             Communities (1) to be interpreted?
    Decision 96/302/EC (2), the Italian Republic has failed to
    fulfil its obligations under Council Directive 91/689/EEC
    and the EC Treaty;                                                 (1) OJ C 65 of 6 March 1999, p. 30.
— Order the Italian Republic to pay the costs.