CELEX: C2002/084/21
Language: en
Date: 2002-04-06 00:00:00
Title: Judgment of the Court (Fifth Chamber) 15 January 2002 in Case C-439/99: Commission of the European Communities v Italian Republic (Failure to fulfil obligations — Infringement of Articles 52 and 59 of the EC Treaty (now, after amendment, Articles 43 EC and 49 EC) — Retention of certain national and regional rules regarding trade fairs, markets and exhibitions)

6.4.2002                EN                      Official Journal of the European Communities                                           C 84/13
                 JUDGMENT OF THE COURT                                          —     Article 4, Article 5, sixth paragraph (a) and (c),
                                                                                      Article 6, first paragraph, Article 8, first and second
                                                                                      paragraphs, and Article 16, first paragraph, of
                          (Fifth Chamber)                                             Regional Law No 43 of Emilia-Romagna of 26 May
                                                                                      1980;
                          15 January 2002                                       —     Article 4, paragraph 1(c), Article 4, paragraph 2, and
                                                                                      Article 15, paragraph 3, of Regional Law No 45 of
                                                                                      Lombardy of 29 April 1980;
in Case C-439/99: Commission of the European Communi-
                     ties v Italian Republic (1)
                                                                                —     Article 3, Article 4 and Article 8, last paragraph, of
                                                                                      Regional Law No 10 of Friuli Venezia Giulia of
                                                                                      23 February 1981;
(Failure to fulfil obligations — Infringement of Articles 52
and 59 of the EC Treaty (now, after amendment, Articles 43
EC and 49 EC) — Retention of certain national and regional                      —     Article 2, last paragraph, and Article 6 of Regional
     rules regarding trade fairs, markets and exhibitions)                            Law No 75 of Abruzzo of 13 November 1980, and
                                                                                —     Article 3, Article 5, Article 6, third and fourth
                           (2002/C 84/21)                                             paragraphs, Article 12 and Article 19, first para-
                                                                                      graph, of Provincial Law No 35 of the Autonomous
                                                                                      Province of Trento of 2 September 1978,
                    (Language of the case: Italian)
                                                                           the Italian Republic has failed to fulfil its obligations under
(Provisional translation; the definitive translation will be published     Article 59 of the EC Treaty (now, after amendment, Article 49
                   in the European Court Reports)                          EC), Article 60 of the EC Treaty (now Article 50 EC),
                                                                           Articles 61, 63 and 64 of the EC Treaty (now, after amendment,
                                                                           Articles 51 EC, 52 EC and 53 EC) and Articles 65 and 66 of
                                                                           the EC Treaty (now Articles 54 EC and 55 EC), and that
In Case C-439/99, Commission of the European Communities                   —    by retaining the following provisions:
(Agents: E. Traversa and M. Patakia, assisted by A. Cevese) v
Italian Republic (Agent: U. Leanza, assisted by D. Del Gaizo):                  —     Article 3 of Presidential Decree No 7 of 15 January
application for a declaration that                                                    1972;
—     by retaining the following provisions:                                    —     Article 2(c) and (d), Article 3, first paragraph, (b)
                                                                                      and (c), and Article 5, first paragraph, (a), of Regional
      —    Article 2, first paragraph, and Article 7 of Royal                         Law No 12 of Liguria of 3 November 1972;
           Decree-Law No 454 of 29 January 1934;
                                                                                —     Article 8, paragraph 1(d) of Regional Law No 35 of
                                                                                      Veneto of 2 August 1988;
      —    Article 2, first paragraph, of Presidential Decree
           No 7 of 15 January 1972;
                                                                                —     Article 6, third paragraph, points 3 and 4, Article 7,
                                                                                      Article 8, second paragraph, and Article 11, first
      —    Article 2, paragraphs 4, 6 and 7, of Presidential                          paragraph, of Regional Law No 43 of Emilia-
           Decree No 390 of 18 April 1994;                                            Romagna of 26 May 1980;
      —    Article 4 of Regional Law No 40 of Liguria of 14 July                —     Article 5, paragraphs 2 and 5, Article 10, para-
           1978;                                                                      graph 4, Article 11, paragraphs 2 and 3, and
                                                                                      Article 15, paragraph 1, of Regional Law No 45 of
                                                                                      Lombardy of 29 April 1980;
      —    Article 6, paragraph 1(e), (f), (g) and (h), Article 6,
           paragraph 4, and Article 7 of Regional Law No 35
           of Veneto of 2 August 1988;                                          —     Article 5, Article 13, Article 14 and Article 15, first
                                                                                      paragraph, (a), of Regional Law No 10 of Friuli
                                                                                      Venezia Giulia of 23 February 1981;
      —    Article 2, sixth paragraph, Article 4, first indent,
           Article 6, third and fourth paragraphs and Article 10,
           third paragraph, (a), of Regional Law No 16 of the                   —     Article 7 of Regional Law No 75 of Abruzzo of
           Marches of 12 March 1979;                                                  13 November 1980, and
 ---pagebreak--- C 84/14                 EN                      Official Journal of the European Communities                                              6.4.2002
     —     Articles 6, 7 and 23 of Provincial Law No 35 of the                   —     Article 3 of Presidential Decree No 7 of 15 January
           Autonomous Province of Trento of 2 September                                1972;
           1978,
                                                                                 —     Article 2(c) and (d), Article 3, first paragraph, (b) and (c),
                                                                                       and Article 5, first paragraph, (a), of Regional Law
the Italian Republic has failed to fulfil its obligations under                        No 12 of Liguria of 3 November 1972;
Articles 59 to 61 and 63 to 66 of the Treaty and under
Articles 52 and 54 of the EC Treaty (now, after amendment,                       —     Article 8, paragraph 1(d), of Regional Law No 35 of
Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now                            Veneto of 2 August 1988;
Article 45 EC), Articles 56 and 57 of the EC Treaty (now, after
amendment, Articles 46 EC and 47 EC) and Article 58 of the                       —     Article 8, second paragraph, and Article 11, first
EC Treaty (now Article 48 EC),                                                         paragraph, of Regional Law No 43 of Emilia-Romagna
                                                                                       of 26 May 1980, and
THE COURT (Fifth Chamber), composed of: P. Jann, President
of the Chamber, S. von Bahr (Rapporteur), A. La Pergola,                         —     Articles 5, 13, 14 and 15, first paragraph, (a), of
L. Sevón and M. Wathelet, Judges, Advocate General: S. Alber,                         Regional Law No 10 of Friuli Veneto Giulia of 23 Febru-
Registrar: R. Grass, has given a judgment on 15 January 2002,                          ary 1981,
in which it:
                                                                                 the Italian Republic has failed to fulfil its obligations under
                                                                                 Articles 59 to 61 and 63 to 66 of the Treaty and under
1.   Declares that by retaining the following provisions:                        Articles 52 and 54 of the EC Treaty (now, after amendment,
                                                                                 Articles 43 EC and 44 EC), Article 55 of the EC Treaty (now
                                                                                 Article 45 EC), Articles 56 and 57 of the EC Treaty (now,
     —     Article 2, first paragraph, and Article 7 of Royal Decree             after amendment, Articles 46 EC and 47 EC) and Article 58
           No 454 of 29 January 1934;                                            of the EC Treaty (now Article 48 EC);
     —     Article 2, first paragraph, of Presidential Decree No 7 of      3.    Dismisses the remainder of the action;
           15 January 1972;
                                                                           4.    Orders the Italian Republic to pay the costs.
     —     Article 2, paragraphs 4, 6 and 7, of Presidential Decree
                                                                           (1) OJ C 47 of 19.2.2000.
           No 390 of 18 April 1994;
     —     Article 4 of Regional Law No 40 of Liguria of 14 July
           1978;
     —     Article 6, paragraph 1(e), (f) and (h), and Article 7 of                         JUDGMENT OF THE COURT
           Regional Law No 35 of Veneto of 2 August 1988;
                                                                                                    (Second Chamber)
     —     Article 4, Article 5, sixth paragraph, (a) and (c), Article 6,
                                                                                                      24 January 2002
           first paragraph, Article 8, first and second paragraphs,
           and Article 16, first paragraph, of Regional Law No 43
           of Emilia-Romagna of 26 May 1980;                               in Case C-466/99: Commission of the European Communi-
                                                                                                 ties v Italian Republic (1)
     —     Article 4, paragraph 1(c) and paragraph 2, and                  (Failure by a Member State to fulfil its obligations —
           Article 15, paragraph 3, of Regional Law No 45 of               Environment — Waste — Directives 75/442/EEC,
           Lombardy of 29 April 1980;                                        91/689/EEC and 94/62/EC — Waste management plans)
     —     Articles 3, 4 and 8, last paragraph, of Regional Law                                        (2002/C 84/22)
           No 10 of Friuli Veneto Giulia of 23 February 1981, and
                                                                                                (Language of the case: Italian)
     —     Articles 3, 5 and 12 of Provincial Law No 35 of the
           Autonomous Province of Trento of 2 September 1978,              (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
     the Italian Republic has failed to fulfil its obligations under
     Article 59 of the EC Treaty (now, after amendment, Article 49
                                                                           In Case C-466/99, Commission of the European Communities
     EC), Article 60 of the EC Treaty (now Article 50 EC),
                                                                           (agents: L. Ström and G. Bisogni) v Italian Republic (agent:
     Articles 61, 63 and 64 of the EC Treaty (now, after
                                                                           U. Leanza, assisted by P. G. Ferri): Application for a declaration
     amendment, Articles 51 EC, 52 EC and 53 EC) and Articles 65
                                                                           that, by not forwarding to the Commission information
     and 66 of the EC Treaty (now Articles 54 EC and 55 EC);
                                                                           concerning plans for the management and disposal of waste,
                                                                           hazardous waste, packaging and packaging waste, the Italian
2.   Declares that by retaining the following provisions:                  Republic has failed to fulfil its obligations under Article 7 of