CELEX: C1998/026/06
Language: en
Date: 1998-01-24 00:00:00
Title: Action brought on 25 November 1997 by the Commission of the European Communities against the Italian Republic (Case C-397/97)

24.1.98              EN                  Official Journal of the European Communities                                        C 26/3
Is Article 70 of the Act concerning the conditions of               the time-limits for transposition laid down in directives.
accession of the Republic of Austria, the Republic of               The time-limit here passed on 31 December 1995 without
Finland and the Kingdom of Sweden and the adjustments               the Italian Republic having adopted the provisions
to the Treaties on which the European Union is                      necessary to comply with the Directive referred to in the
founded (1), which provides that notwithstanding the                forms of order sought by the Commission.
obligations under the treaties on which the European
Union is founded the Republic of Austria may maintain its           (1) OJ L 243, 11.10.1995, p. 16.
existing legislation regarding secondary residences for five
years from the date of accession (1 January 1995), to be
interpreted as meaning that the transitional provisions
in Paragraph 40(2) and (5) of the Tiroler
Grundverkehrsgesetz 1996 (Landesgesetzblatt für Tirol
No 61/1996), which entered into force on 1 October
1996, fall within the definition of existing legislation, or        Action brought on 25 November 1997 by the Commission
are those provisions to be regarded as new legislation               of the European Communities against the Italian Republic
if, as a result of decisions of the Austrian                                                 (Case C-397/97)
Verfassungsgerichtshof, the provisions of previous Tyrol
laws on the sale of land were not applicable in the present                                    (98/C 26/06)
case?
                                                                    An action against the Italian Republic was brought before
(1) OJ C 241, 29.8.1994, p. 1.                                      the Court of Justice of the European Communities on
                                                                    25 November 1997 by the Commission of the European
                                                                    Communities, represented by Francesco Ruggeri Laderchi
                                                                    and GeÂrard Berscheid, of its Legal Service, acting as
                                                                    Agents, with an address for service in Luxembourg at the
                                                                    office of Carlos Gómez de la Cruz, Wagner Centre,
Action brought on 25 November 1997 by the Commission                Kirchberg.
 of the European Communities against the Italian Republic
                       (Case C-396/97)                              The applicant claims that the Court should:
                         (98/C 26/05)
                                                                    Ð declare that, by failing to bring into force the laws,
                                                                         regulations and administrative provisions necessary to
An action against the Italian Republic was brought before                comply with Council Directive 93/120/EC of
the Court of Justice of the European Communities on                      22 December 1993 amending Directive 90/539/EEC
25 November 1997 by the Commission of the European                       on animal health conditions governing intra-
Communities, represented by Francesco Ruggeri Laderchi                   Community trade in and imports from third countries
and GeÂrard Berscheid, of its Legal Service, acting as                   of poultry and hatching eggs (1), or in any event by
Agents, with an address for service in Luxembourg at the                 failing to notify those provisions, the Italian Republic
office of Carlos Gómez de la Cruz, Wagner Centre,                        has failed to fulfil its obligations under that Directive,
Kirchberg.
                                                                    Ð declare that, by failing to bring into force the laws,
The applicant claims that the Court should:                              regulations and administrative provisions necessary to
                                                                         comply with Council Directive 93/121/EC of
                                                                         22 December 1993 amending Directive 91/494/EEC
Ð declare that, by failing to bring into force the laws,                 on animal health conditions governing intra-
     regulations and administrative provisions necessary to              Community trade in and imports from third countries
     comply with Directive 95/25/EC of 22 June 1995                      of fresh poultrymeat (2), or in any event by failing to
     amending Directive 64/432/EEC on health problems                    notify those provisions, the Italian Republic has failed
     affecting intra-Community trade in bovine animals                   to fulfil its obligations under that Directive,
     and swine (1), or in any event by failing to notify those
     provisions, the Italian Republic has failed to fulfil its
     obligations under that Directive,                              Ð order the Italian Republic to pay the costs of the
                                                                         proceedings.
Ð order the Italian Republic to pay the costs of the
     proceedings.                                                   Pleas in law and main arguments adduced in support:
Pleas in law and main arguments adduced in support:                 Article 189 of the EC Treaty, under which a directive is
                                                                    binding, as to the result to be achieved, upon each
                                                                    Member State to which it is addressed, involves an
Article 189 of the EC Treaty, under which a directive is            obligation on the part of Member States to comply with
binding, as to the result to be achieved, upon each                 the time-limits for transposition laid down in directives.
Member State to which it is addressed, involves an                  The time-limit here passed on 1 January 1995 without the
obligation on the part of Member States to comply with              Italian Republic having adopted the provisions necessary
 ---pagebreak--- C 26/4                  EN                 Official Journal of the European Communities                                   24.1.98
to comply with the Directives referred to in the forms of             Action brought on 2 December 1997 by the Commission
order sought by the Commission.                                       of the European Communities against the Federal
                                                                                          Republic of Germany
(1) OJ L 340, 31.12.1993, p. 35.                                                             (Case C-403/97)
(2) OJ L 340, 31.12.1993, p. 39.
                                                                                               (98/C 26/08)
                                                                      An action against the Federal Republic of Germany was
                                                                      brought before the Court of Justice of the European
Action brought on 25 November 1997 by the Commission                  Communities on 2 December 1997 by the Commission of
 of the European Communities against the Italian Republic             the European Communities represented by Hans
                         (Case C-398/97)                              Stùvlbaek, of its Legal Service, and Karin Schreyer, on
                                                                      secondment to the same service under an exchange with
                           (98/C 26/07)
                                                                      national civil servants, acting as Agents, with an address
                                                                      for service in Luxembourg at the office of Carlos Gómez
An action against the Italian Republic was brought before             de la Cruz, of the same service, 254 Wagner Centre,
the Court of Justice of the European Communities on                   Kirchberg.
25 November 1997 by the Commission of the European
Communities, represented by Francesco Ruggeri Laderchi
and GeÂrard Berscheid, of its Legal Service, acting as                The Commission claims that the Court should:
Agents, with an address for service in Luxembourg at the
office of Carlos Gómez de la Cruz, Wagner Centre,                     Ð declare that, by failing to adopt the laws, regulations
Kirchberg.                                                                and administrative provisions necessary in order to
                                                                          comply with Council Directive 93/39/EEC of 14 June
The applicant claims that the Court should:                               1993 amending Directives 65/65/EEC, 75/318/EEC
Ð declare that, by failing to bring into force the laws,                  and 75/319/EEC in respect of medicinal products (1)
     regulations and administrative provisions necessary to               and Council Directive 93/40/EEC of 14 June 1993
     comply with Commission Directive 94/59/EC of                         amending Directives 81/851/EEC and 81/852/EEC on
     2 December 1994 amending for the third time the                      the approximation of the laws of the Member States
     Annexes to Council Directive 77/96/EEC on the                        relating to veterinary medicinal products (2) Ð with
     examination for Trichinae (Trichinelle spiralis) upon                the exception in each case of Article 1(7) Ð the
     importation from third countries of fresh meat derived               Federal Republic of Germany has failed to fulfil its
     from domestic swine (1), or in any event by failing to               obligations under Article 4 of Directive 93/39/EEC
     notify those provisions, the Italian Republic has failed             and Article 3 of Directive 93/40/EEC,
     to fulfil its obligations under that Directive,
                                                                      Ð order the Federal Republic of Germany to pay the
Ð order the Italian Republic to pay the costs of the                      costs.
     proceedings.
Pleas in law and main arguments adduced in support:                   Pleas in law and main arguments adduced in support:
Article 189 of the EC Treaty, under which a directive is
                                                                      It follows from the binding nature of directives, as laid
binding, as to the result to be achieved, upon each
                                                                      down in the third paragraph of Article 189 of the EC
Member State to which it is addressed, involves an
                                                                      Treaty, that the Member States to which a directive is
obligation on the part of Member States to comply with
                                                                      addressed are obliged to transpose its provisions into
the time-limits for transposition laid down in directives.
                                                                      national law so that they have full practical effect from
The time-limit here passed on 1 January 1995 without the
                                                                      the expiry of the time-limit for transposition at the latest.
Italian Republic having adopted the provisions necessary
                                                                      In this case that time-limit expired on 1 January 1995 and
to comply with the Directive referred to in the forms of
                                                                      the Federal Republic of Germany has failed to adopt the
order sought by the Commission.
                                                                      measures needed.
(1) OJ L 315, 8.12.1994, p. 18.
                                                                      (1) OJ L 214, 24.8.1993, p. 22.
                                                                      (2) OJ L 214, 24.8.1993, p. 31.