CELEX: C2000/233/32
Language: en
Date: 2000-08-12 00:00:00
Title: Case C-218/00: Reference for a preliminary ruling by the Tribunale di Vicenza, First Chamber, by order of that court of 25 May 2000, in the case of CISAL di Battistello Venanzio & C. Sas v INAIL

12.8.2000               EN                    Official Journal of the European Communities                                      C 233/17
Pleas in law and main arguments                                          Action brought on 31 May 2000 by the Commission of
                                                                          the European Communities against Portuguese Republic
The Member States are required by the binding character of
the third paragraph of Article 249 and Article 10 EC (ex third
                                                                                                  (Case C-220/00)
paragraph of Article 189 and Article 5 of the EC Treaty) to
adopt the measures needed to transpose directives into national
law before the expiry of the period laid down for that purpose
and to communicate those measures immediately to the                                              (2000/C 233/33)
Commission. That period expired on 13 October 1998 wi-
thout the Hellenic Republic having communicated to the
Commission the provisions transposing the directive at issue             An action against the Portuguese Republic was brought before
into national law.                                                       the Court of Justice of the European Communities on 31 May
                                                                         2000 by the Commission of the European Communities,
                                                                         represented by Marie Wolfcarius, Legal Adviser, and Miguel
(1) OJ L 328, 28.11.1997, p. 1.                                          Franga, of its Legal Service, acting as Agents, with an address
                                                                         for service in Luxembourg at the office of Carlos Gómez de la
                                                                         Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                                                                         The applicant claims that the Court should:
Reference for a preliminary ruling by the Tribunale di
Vicenza, First Chamber, by order of that court of 25 May                 —     declare that, by failing to adopt and bring into force
2000, in the case of CISAL di Battistello Venanzio &                           within the prescribed period the laws, regulations and
                           C. Sas v INAIL                                      administrative provisions necessary to comply with
                                                                               Council Directive 98/55/EC (1) of 17 July 1998 amending
                          (Case C-218/00)                                      Directive 93/75/EEC (2) concerning minimum require-
                                                                               ments for vessels bound for or leaving Community ports
                                                                               and carrying dangerous or polluting goods, within the
                          (2000/C 233/32)
                                                                               period prescribed by Article 2(1) of that directive, the
                                                                               Portuguese Republic has failed to fulfil its obligations
Reference has been made to the Court of Justice of the                         under the first paragraph of Article 10 and the third
European Communities by an order of the Tribunale di                           paragraph of Article 249 of the EC Treaty, as well as
Vicenza (District Court, Vicenza), First Chamber, of 25 May                    Article 2(1) of the directive; and
2000, which was received at the Court Registry on 2 June
2000, for a preliminary ruling in the case of CISAL di
Battistello Venanzio & C. Sas v INAIL on the following                   —     in the alternative, declare that, by failing to inform
questions:                                                                     the Commission immediately of such measures, the
                                                                               Portuguese Republic failed to fulfil its obligations under
                                                                               those provisions;
‘Does a public not-for-profit insurance body, such as the
INAIL, to which is entrusted, on the basis of sound economic
and business practice, the operation as a monopoly of a                  —     order the Portuguese Republic to pay the costs.
scheme of insurance against risks deriving from accidents at
work and occupational diseases based on a system of compul-
sory registration, which pays out benefits on a partially
automatic basis (which provides insurance cover for employ-              Pleas in law and main arguments
ees, but not for self-employed persons — as from 1998) even
in the event of non-payment of premiums by the employer,
and calculates the premiums on the basis of the risk categories          The mandatory nature of the provisions of the first paragraph
to which the insured work is assigned, constitute an underta-            of Article 10 and the third paragraph of Article 249 of the EC
king within the meaning of Article 81 et seq. of the Treaty?             Treaty requires Member States to adopt the measures necessary
If the first question is answered in the affirmative, does the fact      to transpose directives addressed to them into their domestic
                                                                         law before the expiry of the period prescribed for doing so.
that the abovementioned public entity calls for the payment of           That period, which is laid down in Article 2 of the directive,
premiums even where the person concerned, a self-employed                expired on 31 December 1998 without Portugal having
person (craftsman), is already insured with a private company            brought into force the necessary provisions.
against the same risks in respect of which he would be covered
through affiliation to the abovementioned body constitute an
                                                                         (1) OJ C 1998 L 215, p. 65.
infringement of Articles 86 and 82 EC?’                                  (2) OJ 1993 L 247, p. 19.