CELEX: C2002/109/22
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Fourth Chamber) 27 February 2002 in Case C-46/01: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations — Waste management — Directive 96/59/EC — Disposal of polychlorinated biphenyls and polychlorinated terphenyls)

C 109/14                 EN                      Official Journal of the European Communities                                           4.5.2002
and amending Directives 79/267/EEC and 90/619/EEC (third                    in Articles 11 and 4(1) of Council Directive 96/59/EC of
life assurance Directive) (OJ 1992 L 360, p. 1) the Court (Sixth            16 September 1996 on the disposal of polychlorinated
Chamber), composed of: N. Colneric, President of the Second                 biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ 1996
Chamber, acting for the President of the Sixth Chamber,                     L 243, p. 31), the Italian Republic has failed to fulfil its
C. Gulmann, R. Schintgen, V. Skouris and J.N. Cunha Rodrigues               obligations under those provisions, the Court (Fourth Chamb-
(Rapporteur), Judges; F.G. Jacobs, Advocate General; H.A. Rühl,             er), composed of: S. von Bahr, President of the Chamber,
Principal Administrator, for the Registrar, has given a judgment            D.A.O. Edward and C.W.A. Timmermans (Rapporteur), Judges;
on 5 March 2002, in which it has ruled:                                     P. Léger, Advocate General; R. Grass, Registrar, has given a
                                                                            judgment on 27 February 2002, in which it:
Article 31(3) of Council Directive 92/96/EEC of 10 November
                                                                            1.    Declares that, by failing to draw up and communicate to the
1992 on the coordination of laws, regulations and administrative
                                                                                  Commission of the European Communities, by 16 September
provisions relating to direct life assurance and amending Directives
                                                                                  1999 at the latest, the summaries of inventories provided for
79/267/EEC and 90/619/EEC (third life assurance Directive)
                                                                                  in Article 4(1) of Council Directive 96/59/EC of 16 September
precludes national legislation which provides that a life-assurance
                                                                                  1996 on the disposal of polychlorinated biphenyls and polych-
proposal, or in the absence of a proposal, a life-assurance policy must
                                                                                  lorinated terphenyls (PCB/PCT) and the plans and outlines
inform the policy-holder that cancellation, reduction or surrender of
                                                                                  provided for in Article 11 of the same directive, the Italian
an existing life-assurance contract for the purpose of subscribing to
                                                                                  Republic has failed to fulfil its obligations under those
another life-assurance policy is generally detrimental to the policy-
                                                                                  provisions.
holder.
                                                                            2.    Orders the Italian Republic to pay the costs.
(1) OJ C 355 of 9.12.2000.
                                                                            (1) OJ C 108 of 7.4.2001.
                                                                                              JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                     (Second Chamber)
                          (Fourth Chamber)
                                                                                                      27 February 2002
                          27 February 2002
                                                                            in Case C-140/01: Commission of the European Communi-
                                                                                              ties v Kingdom of Belgium (1)
in Case C-46/01: Commission of the European Communi-
                      ties v Italian Republic (1)
                                                                            (Failure by a Member State to fulfil its obligations —
                                                                            Directive 98/18/EC — Transport by sea — Safety rules and
(Failure by a Member State to fulfil its obligations —                                        standards for passenger ships)
Waste management — Directive 96/59/EC — Disposal of
  polychlorinated biphenyls and polychlorinated terphenyls)
                                                                                                       (2002/C 109/23)
                           (2002/C 109/22)                                                       (Language of the case: French)
                     (Language of the case: Italian)                        (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            In Case C-140/01, Commission of the European Communities
                                                                            (Agent: B. Mongin) v Kingdom of Belgium (Agent: A. Snoecx):
                                                                            Application for a declaration that, by failing to notify the
In Case C-46/01, Commission of the European Communities                     Commission of the laws, regulations and administrative pro-
(agents: H. Støvlbaek and R. Amorosi) v Italian Republic                    visions necessary to comply with Council Directive 98/18/EC
(agent: U. Leanza, assisted by M. Fiorilli): Application for a              of 17 March 1998 on safety rules and standards for passenger
declaration that, by failing to draw up and communicate to                  ships (OJ 1998 L 144, p. 1), or to adopt the measures necessary
the Commission by 16 September 1999 the appropriate                         to comply therewith, the Kingdom of Belgium has failed to
plans, outlines and summaries of inventories provided for                   fulfil its obligations under that directive and under the EC