CELEX: C1997/318/02
Language: en
Date: 1997-10-18 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 July 1997 in Case C-43/97: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Directive 93/36/EEC - Failure to transpose within the prescribed period)

C 318/2                  EN                 Official Journal of the European Communities                                    18 . 10 . 97
          of Justice or the Court of First Instance ruling on               provisions necessary to comply with Council Directive
          the lawfulness of the Community act or on an                      93/36/EEC of 14 June 1993 coordinating procedures
          application for interim measures seeking similiar                 for the award of public supply contracts, the Italian
          interim relief at Community level.                                Republic has failed to fulfil its obligations under the
                                                                            first subparagraph of Article 34 (1 ) of that directive;
4 . The second paragraph of Article 177 of the EC                      2 . dismisses the remainder of the application;
     Treaty does not preclude a national court which has
     ordered suspension of implementation of a national
     administrative decision and referred to the Court for a           3 . orders the Italian Republic to pay the costs.
     preliminary ruling a question on the validity of the
      Community act on which the decision is based from
                                                                       (') OJ C 131 , 26 . 4 . 1997.
     granting leave to appeal against its decision.
(') OJ C 333 , 9 . 12 . 1995 .
                                                                                       JUDGMENT OF THE COURT
                                                                                                  ( Sixth Chamber)
                                                                                               of 16 September 1997
                JUDGMENT OF THE COURT
                                                                              in Case C-279/94: Commission of the European
                          ( Sixth Chamber)                                           Communities v. Italian Republic ( l )
                           of 17 July 1997                             (Failure of a Member State to fulfil its obligations —
                                                                       Obligation to give prior notification pursuant to Directive
        in Case C-43/97: Commission of the European                                                  83/189/EEC)
               Communities v. Italian Republic ( 1 )
                                                                                                    ( 97/C 318/03 )
(Failure to fulfil obligations — Directive 93/36/EEC —
       Failure to transpose within the prescribed period)
                                                                                        (Language of the case: Italian)
                            ( 97/C 318/02 )
                                                                         (Provisional translation; the definitive translation will be
                  (Language of the case: Italian)                                 published in the European Court Reports)
                                                                       In Case C-279/94: Commission of the European
   (Provisional translation; the definitive translation will be        Communities ( Agents : Antonio Aresu, then Paolo
           published in the European Court Reports)                    Stancanelli ) v. Italian Republic ( Agent: Umberto Leanza,
                                                                       assisted by Pier Giorgio Ferri ) — application for a
                                                                       declaration that, in adopting Law No 257 of 27 March
In Case C-43/97: Commission of the European                            1992 laying down rules concerning the cessation of the
Communities ( Agent: Paolo Stancanelli ) v. Italian Republic           use of asbestos, without having notified the draft Law to
( Agent: Professor Umberto Leanza, assisted by Ivo                     the Commission, the Italian Republic has failed to fulfil
M. Braguglia ) — application for a declaration that, by                its obligations pursuant to the first subparagraph of
failing to adopt within the prescribed period the laws,                Article 8 ( 1 ) — or, in the alternative, Article 9(1 ) — of
regulations and administrative provisions necessary to                 Council Directive 83/189/EEC of 28 March 1983 laying
comply with Council Directive 93/36/EEC of 14 June                     down a procedure for the provision of information in the
1993 coordinating procedures for the award of public                   field of technical standards and regulations ( OJ L 109,
supply contracts ( OJ L 199, 9 . 8 . 1993 , p. 1 ) and by              26 . 4. 1983 , p. 8 ), as amended by Directive 88/182/EEC
failing to notify those provisions, the Italian Republic has           ( OJ L 81 , 26 . 3 . 1988 , p. 75 ) — the Court ( Sixth
failed to fulfil its obligations under the first subparagraph          Chamber), composed of: G. F. Mancini, President of the
of Article 34(1 ) of that Directive — the Court ( Sixth                Chamber, J. L. Murray, G. Hirsch, H. Ragnemalm
Chamber), composed of: G. F. Mancini, President of the                 ( Rapporteur) and R. Schintgen, Judges; N. Fennelly,
Chamber, J. L. Murray, G. Hirsch, H. Ragnemalm                         Advocate-General; L. Hewlett, Administrator, for the
( Rapporteur ) and R. Schintgen, Judges; C. O. Lenz,                   Registrar, has given a judgment on 16 September 1997, in
                                                                       which it:
Advocate-General; R. Grass, Registrar, gave a judgment
on 17 July 1997, in which it:
                                                                        1 . declares that, in adopting Law No 257 of 27 March
                                                                             1992 laying down rules concerning the cessation of
 1 . declares that, by failing to adopt within the prescribed                the use of asbestos, without having notified the draft
      period the laws, regulations and administrative                        Law to the Commission, the Italian Republic has