CELEX: C2002/169/18
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (Fourth Chamber) 16 May 2002 in Case C-142/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Directive 92/51/EEC — System for the recognition of professional education and training — Ski monitor)

13.7.2002                EN                        Official Journal of the European Communities                                             C 169/11
Northern Ireland (Agent: R. Magrill, assisted by R. Anderson,                 di ordinamento della professione di guida alpina (Framework
barrister): Application for a declaration that, by failing to adopt           Law for the profession of ski monitor and supplementary
the laws, regulations and administrative provisions necessary                 provisions relating to the regulation of the profession of
to comply with Council Directive 96/48/EC of 23 July 1996                     mountain guide) of 8 March 1991 (GURI No 64 of 16 March
on the interoperability of the trans-European high-speed rail                 1991, p. 3), which makes recognition of a ski-monitor diploma
system (OJ 1996 L 235, p. 6), the United Kingdom of Great                     subject to a condition of reciprocity, the Italian Republic has
Britain and Northern Ireland has failed to fulfil its obligations             failed to fulfil its obligations under Council Directive 92/51/
under that directive, the Court (First Chamber), composed of:                 EEC of 18 June 1992 on a second general system for
P. Jann, President of the Chamber, M. Wathelet and A. Rosas                   the recognition of professional education and training to
(Rapporteur), Judges; L.A. Geelhoed, Advocate General;                        supplement Directive 89/48/EEC (OJ 1992 L 209, p. 25), the
R. Grass, Registrar, has given a judgment on 30 May 2002, in                  Court (Fourth Chamber), composed of: S. von Bahr, President
which it:                                                                     of the Chamber, D.A.O. Edward (Rapporteur) and C.W.A. Tim-
                                                                              mermans, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
                                                                              R. Grass, Registrar, has given a judgment on 16 May 2002, in
1.    Declares that, by failing to adopt within the prescribed period
                                                                              which it:
      the laws, regulations and administrative provisions necessary to
      comply with Council Directive 96/48/EC of 23 July 1996 on
      the interoperability of the trans-European high-speed rail              1.    Declares that, by maintaining in force the first paragraph of
      system, the United Kingdom of Great Britain and Northern                      Article 12 of Law No 81, Legge-quadro per la professione di
      Ireland has failed to fulfil its obligations under that directive;            maestro di sci e ulteriori disposizioni in materia di ordinamento
                                                                                    della professione di guida alpina (Framework Law for the
                                                                                    profession of ski monitor and supplementary provisions relating
2.    Orders the United Kingdom of Great Britain and Northern
                                                                                    to the regulation of the profession of mountain guide) of
      Ireland to pay the costs.
                                                                                    8 March 1991, which makes recognition of a ski-monitor
                                                                                    diploma subject to a condition of reciprocity, the Italian
(1) OJ C 28 of 27.1.2001.                                                           Republic has failed to fulfil its obligations under Council
                                                                                    Directive 92/51/EEC of 18 June 1992 on a second general
                                                                                    system for the recognition of professional education and training
                                                                                    to supplement Directive 89/48/EEC;
                                                                              2.    Orders the Italian Republic to pay the costs.
                                                                              (1) OJ C 150 of 19.5.2001.
                  JUDGMENT OF THE COURT
                          (Fourth Chamber)
                             16 May 2002
                                                                                                JUDGMENT OF THE COURT
in Case C-142/01: Commission of the European Communi-                                                   (Third Chamber)
                      ties v Italian Republic (1)
                                                                                                           30 May 2002
(Failure by a Member State to fulfil its obligations —
Directive 92/51/EEC — System for the recognition of                           in Case C-323/01: Commission of the European Communi-
     professional education and training — Ski monitor)                                             ties v Italian Republic (1)
                           (2002/C 169/18)                                    (Failure by a Member State to fulfil its obligations —
                                                                              Directive 98/101/EC — Batteries and accumulators contain-
                                                                                              ing certain dangerous substances)
                     (Language of the case: Italian)
                                                                                                         (2002/C 169/19)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                                                 (Language of the case: Italian)
                                                                              (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-142/01, Commission of the European Communities
(Agents: M. Patakia and A. Aresu) v Italian Republic (Agent:
U. Leanza, assisted by G. Aiello, avvocato dello Stato): Appli-
cation for a declaration that, by maintaining in force the first              In Case C-323/01, Commission of the European Communities
paragraph of Article 12 of Law No 81, Legge-quadro per la                     (Agents: R. Wainwright and R. Amorosi) v Italian Republic
professione di maestro di sci e ulteriori disposizioni in materia             (Agent: U. Leanza, assisted by M. Fiorilli): Application for a