CELEX: C1997/181/09
Language: en
Date: 1997-06-14 00:00:00
Title: Action brought on 15 April 1997 by the Commission of the European Communities against the Italian Republic (Case C-141/97)

14 . 6 . 97              EN                   Official Journal of the European Communities                                     No C 181 /5
     ( b) in view of Austria's accession to the European                 15 April 1997 by the Commission of the European
           Union on 1 January 1995 ?                                     Communities, represented by Paolo Stancanelli, of its
                                                                         Legal Service, assisted by Claudio Tesauro, of the Naples
                                                                         Bar, acting as Agents, with an address for service in
     If Question 3 is to be answered in the negative :                   Luxembourg at the office of Carlos Gomez de la Cruz,
                                                                         Wagner Centre, Kirchberg.
4. Does the failure to transpose merely Article 7 of the
     Directive within the period fixed in itself constitute a
     sufficiently serious breach of Community law and give               The applicant claims that the Court should:
     rise to a right of reparation on the part of the persons
     injured where the Member State has adopted relevant
                                                                         — declare that, by failing to adopt the provisions
     measures for the transposition of all other provisions                     necessary to comply with Commission Directive
     of the Directive within that period ?                                      94/1 /EC ( 1 ) of 6 January 1994 adapting some
                                                                                technicalities of Council Directive 75/324/EEC ( 2 ) on
5 . Must Article 7 of the Directive be interpreted as                           the approximation of the laws of the Member States
     meaning that its objectives are not achieved where                         relating to aerosol dispensers, the Italian Republic has
     national rules :                                                           failed to fulfil its obligations under that Directive,
     ( a ) require, for the purpose of covering the risk, only           — order the Italian Republic to pay the costs.
           a contract of insurance or a bank guarantee for a
           sum insured ( insurance cover) of at least 5 % of
           turnover from an organizer's activity as organizer            Pleas in law and main arguments adduced in support:
           in the corresponding quarter of the previous
           calendar year,
                                                                         Under Article 189 of the EC Treaty, according to which a
     ( b ) require the organizer, in the first year of his               directive is to be binding, as to the result to be achieved,
           activity, to take his estimated turnover from his             upon each Member State to which it is addressed,
           intended activity as organizer as the basis for               Member States are required to observe the time-limits laid
           determining the sum insured ( insurance cover ),              down in directives for their transposition . That time-limit
                                                                         expired on 1 October 1994 without the Italian Republic
     ( c ) do not thereby take into consideration increases in           having brought into force the necessary provisions in
           the organizer's turnover during the current year,             order to comply with the Directive referred to in the
           and                                                           Commission 's application .
     ( d ) do not provide for any duty on the Member State               (') OJNoL 23 , 28 . 1 . 1994, p . 28 .
                                                                         ( 2 ) OJ No L 147, 9 . 6 . 1975 , p . 40 .
           to monitor the security required ?
6.   Is there a direct causal link between a failure to
     transpose Article 7 of the Directive on time or
     completely and a loss on the part of the consumer
     which renders the Member State liable to refund the
     unsecured payments in full even where the Member                    Action brought on 15 April 1997 by the Commission of
     State proves that unlawful acts on the part of the                       the European Communities against the Italian Republic
     organizer (a third party ) or a wholly extraordinary or
     unforeseeable      increase   in   the  risk  are  the  cause                                   ( Case C-142/97
     ( essential contributory cause ) of the loss ?                                                    ( 97/C 181 / 10 )
(') OJ No L 158 , 1990, p . 59 .
                                                                         An action against the Italian Republic was brought before
                                                                         the Court of Justice of the European Communities on
                                                                         15 April 1997 by the Commission of the European
                                                                         Communities, represented by Gotz zur Hausen, Legal
                                                                         Adviser, Paolo Stancanelli, of its Legal Service, assisted by
                                                                         Claudio Tesauro, of the Naples Bar, acting as Agents, with
Action brought on 15 April 1997 by the Commission of                     an address for service in Luxembourg at the office of
   the European Communities against the Italian Republic                 Carlos Gomez de la Cruz, Wagner Centre, Kirchberg.
                          ( Case C-141 /97
                            ( 97/C 181 /09 )                             The applicant claims that the Court should :
An action against the Italian Republic was brought before                — declare that, by failing to adopt the laws, regulations
the Court of Justice of the European Communities on                             or administrative provisions necessary to comply with