CELEX: C1995/229/29
Language: en
Date: 1995-09-02 00:00:00
Title: Action brought on 6 July 1995 by the Commission of the European Communities against the Italian Republic (Case C-237/95)

No C 229/ 14             EN                  Official Journal of the European Communities                                       2 . 9 . 95
Pleas in law and main arguments adduced in support:                     Action brought on 6 July 1995 by the Commission of the
                                                                              European Communities against the Italian Republic
The obligatory nature of Article 189 ( 3 ) of the EC Treaty                                        Case C-237/95 )
means that Member States must transpose directives into                                              ( 95/C 229/29 )
national law within the period laid down by those directives .
The necessary measures had not been adopted by the French
Republic when the period fixed by Article 44 of Directive               An action against the Italian Republic was brought before
92/50/EEC expired on 1 July 1993 .                                      the Court of Justice of the European Communities on 6 July
                                                                        1995 by the Commission of the European Communities,
                                                                        represented by Laura Pignataro and Maria Condou
f 1 ) OJ No L 209 , 24 . 7 . 1992 , p . 1 .
                                                                        Durande, of its Legal Service, acting as Agents, with an
                                                                        address for service in Luxembourg at the office of Carlos
                                                                        Gomez de la Cruz, Wagner Centre, Kirchberg.
                                                                        The applicant claims that the Court should:
Reference for a preliminary ruling from the Cour d'Appel de             — declare that the Italian Republic has failed to fulfil its
Douai by judgment of 27 January 1995 , rectified by                            obligations under the EC Treaty by failing to adopt or to
judgment of 3 1 May 1 995 , in the case of AGS Assedic Pas de                  communicate the laws, regulations and administrative
Calais against Francois Dumon and Mr Froment, liquidator                       provisions necessary to comply with Council Directive
                 of Etablissements Pierre Gilson                               89/369/EEC ( J ) of 8 June 1989 on the prevention of air
                                                                               pollution from new municipal waste-incineration plants
                            Case C-235 /95 )                                   and Council Directive 89/429/EEC ( 2 ) of 21 June 1989
                             ( 95/C 229/28 )                                   on the reduction of air pollution from existing municipal
                                                                               waste-incineration plants,
Reference has been made to the Court of Justice of the
European Communities by a judgment of the Cour d'Appel                  — order the Italian Republic to pay the costs .
 ( Court of Appeal ), Douai of 27 January 1995 , rectified by
judgment of 31 May 1995 , in the case of AGS Assedic Pasde              Pleas in law and main arguments adduced in support:
 Calais v. Francois Dumon and Mr Froment, liquidator of
Etablissements Pierre Gilson, which was received at the
 Court Registry on the following questions :                            Article 1 89 of the EC Treaty, which provides that a directive
                                                                        is binding, as to the result to be achieved, upon the Member
                                                                         State to which it is addressed, means that Member States are
 1 . Is Article 4 of Council Directive 80/987/EEC of                     under an obligation to comply with the time limits
       20 October 1980 on the approximation of the laws of              prescribed in directives for their transposition . On the
       the Member States relating to the protection of                   expiry of the relevant prescribed period on 1 December
       employees in the event of the insolvency of their                 1990, the Italian Republic had not adopted the provisions
       employer ( ] ) of general scope and obligatory and must it        necessary to comply with the directives referred to in the
       therefore have direct effect in national law ?                    form of order sought by the Commission .
 2 . In the absence of the Commission's having been                      0 ) OJ No L 163 , 14 . 6 . 1989 , p . 32 .
       informed in accordance with Article 1 1 of the Directive          ( 2 ) OJ No L 203 , 15 . 7. 1989 , p . 50 .
       of 20 October 1980, is Article D. 143-2 of the French
       Code du Travail ( which provides that the maximum
       amount of the guarantee provided for in Article
       L. 143-1 1-8 of the Code du Travail is set at thirteen times
       the monthly ceiling used to calculate contributions to
       the unemployment insurance scheme where the claims
       result from provisions of legislation or regulations or           Action brought on 6 July 1995 by the Commission of the
       from stipulations of a collective agreement and arose                   European Communities against the Italian Republic
       under a contract of employment which was concluded at
       a date more than six months before the decision
                                                                                                   ( Case C-238/95 )
       declaring a judicial composition, and that in other cases                                      ( 95/C 229/30 )
       the amount of the guarantee is limited to four times
       the aforementioned ceiling) compatible with that
       Directive ?
                                                                         An action against the Italian Republic was brought before
                                                                         the Court of Justice of the European Communities on 6 July
                                                                          1995 by the Commission of the European Communities,
  (') OJ No L 283 , 20 . 10 . 1980, p . 23 .                              represented by Laura Pignataro and Maria Condou
                                                                          Durande, of its Legal Service, acting as Agents, with an
                                                                          address for service in Luxembourg at the office of Carlos
                                                                          Gomez de la Cruz, Wagner Centre, Kirchberg.