CELEX: C2001/275/01
Language: en
Date: 2001-09-29 00:00:00
Title: Judgment of the Court (Second Chamber) of 4 July 2001 in Case C-447/99: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Regulation (EEC) No 2408/92 — Access for Community air carriers to intra-Community air routes — Departure tax)

29.9.2001               EN                      Official Journal of the European Communities                                               C 275/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                              COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.    Declares that, by maintaining in force Article 3 of the Decreto
                                                                                   Ministeriale of 13 August 1998, which brings into force Law
                                                                                   No 537 of 24 December 1993, as amended by Law No 662
                        (Second Chamber)
                                                                                   of 23 December 1996, and which provides for different
                                                                                   departure taxes according to whether the flight in question is
                           of 4 July 2001                                          domestic or intra-Community, the Italian Republic has failed
                                                                                   to fulfil its obligations under Article 59 of the EC Treaty (now,
                                                                                   after amendment, Article 49 EC) and Article 3(1) of Council
in Case C-447/99: Commission of the European Communi-                              Regulation (EEC) No 2408/92 of 23 July 1992 on access for
                     ties v Italian Republic (1)                                   Community air carriers to intra-Community air routes;
(Failure of a Member State to fulfil its obligations —                       2.    Orders the Italian Republic to pay the costs.
Article 59 of the EC Treaty (now, after amendment,
Article 49 EC) — Regulation (EEC) No 2408/92 — Access
for Community air carriers to intra-Community air routes                     (1) OJ C 34 of 5.2.2000.
                         — Departure tax)
                          (2001/C 275/01)
                    (Language of the case: Italian)
                                                                                                 JUDGMENT OF THE COURT
(Provisional translation; the definition translation will be published                                    (Fifth Chamber)
                   in the European Court Reports)
                                                                                                           of 5 July 2001
In Case C-447/99: Commission of the European Communities                     in Case C-100/99: Italian Republic v Council of the
(Agents: F. Benyon and S. Dragone) v Italian Republic (Agent:                                           European Union (1)
U. Leanza, assisted by I.M. Braguglia) — application for a
declaration that, by maintaining in force Article 3 of the                   (Common agricultural policy — Agrimonetary system for
Decreto Ministeriale (Ministerial Decree) of 13 August 1998,                 the euro — Transitional measures for the introduction of the
which brings into force Law No 537 of 24 December 1993, as                                                      euro)
amended by Law No 662 of 23 December 1996, and which
                                                                                                          (2001/C 275/02)
provides for different departure taxes according to whether the
flight in question is domestic or intra-Community, the Italian                                      (Language of the case: Italian)
Republic has failed to fulfil its obligations under the combined
provisions of Article 59 of the EC Treaty (now, after amend-                 (Provisional translation; the definitive translation will be published
ment, Article 49 EC) and Article 3(1) of Council Regulation                                        in the European Court Reports)
(EEC) No 2408/92 of 23 July 1992 on access for Community
air carriers to intra-Community air routes (OJ 1992 L 240,                   In Case C-100/99: Italian Republian (Agent: U. Leanza, assisted
p. 8) — the Court (Second Chamber), composed of: V. Skouris                  by D. Del Gaizo) v Council of the European Union (Agents:
(Rapporteur), President of the Chamber, R. Schintgen and                     G. Maganza and I. Dı́ez Parra) and Commission of the
N. Colneric, Judges; S. Alber, Advocate General; R. Grass,                   European Communities (Agents: K.-D. Borchardt and F. Rug-
Registrar, has given a judgment on 4 July 2001, in which it:                 geri Laderchi) — application for annulment of: