CELEX: C1998/094/05
Language: en
Date: 1998-03-28 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 February 1998 in Case C-139/97: Commission of the European Communities v. Italian Republic (Failure to fulfil obligations - Failure to transpose Directive 94/2/EC)

28.3.98               EN                  Official Journal of the European Communities                                       C 94/3
               JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                       (Fifth Chamber)                                                       (Sixth Chamber)
                     of 12 February 1998                                                   of 12 February 1998
in    Case   C-139/97: Commission of the             European        in    Case    C-144/97: Commission of the European
              Communities v. Italian Republic (1)                                   Communities v. French Republic (1)
(Failure to fulfil obligations Ð Failure to transpose                (Failure of a Member State to fulfil its obligations Ð
                      Directive 94/2/EC)                                                  Directive 92/74/EEC)
                                                                                               (98/C 94/06)
                         (98/C 94/05)
                                                                                      (Language of the case: French)
                (Language of the case: Italian)
                                                                       (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                     In Case C-144/97: Commission of the European
                                                                     Communities (Agents: Richard Wainwright and Jean-
In Case C-139/97: Commission of the European                         Francis Pasquier) v. French Republic (Agents: Kareen
Communities (Agent: Paolo Stancanelli, assisted by                   Rispal-Bellanger and FreÂdeÂric Pascal) Ð application for a
Massimo Merola) v. Italian Republic (Agent: Umberto                  declaration that, by not adopting the laws, regulations and
Leanza, assisted by Danilo Del Gaizo) Ð application for a            administrative provisions necessary in order to comply
declaration that, by failing to adopt the laws, regulations          with Council Directive 92/74/EEC of 22 September 1992
and administrative provisions necessary to comply with               widening the scope of Directive 81/851/EEC on the
Commission Directive 94/2/EC of 21 January 1994                      approximation of provisions laid down by law, regulation
implementing Council Directive 92/75/EEC with regard to              or administrative action relating to veterinary medicinal
energy labelling of household electric refrigerators,                products and laying down additional provisions on
freezers and their combinations (OJ L 45, 17.2.1994, p. 1),          homeopathic veterinary medicinal products (OJ L 297,
or at least by failing to notify those provisions to the             13.10.1992, p. 12), the French Republic has failed to fulfil
Commission, the Italian Republic has failed to fulfil its            its obligations under that Directive Ð the Court (Sixth
obligations under that Directive Ð the Court (Fifth                  Chamber), composed of: H. Ragnemalm, President of the
Chamber), composed of: C. Gulmann, President of the                  Chamber, G. F. Mancini, J. L. Murray (Rapporteur), G.
Chamber, D. A. O. Edward, J.-P. Puissochet, P. Jann                  Hirsch and K. M. Ioannou, Judges; G. Cosmas, Advocate-
(Rapporteur) and L. Sevón, Judges; S. Alber, Advocate-               General; R. Grass, Registrar, has given a judgment on
General; R. Grass, Registrar, has given a judgment on                12 February 1998, in which it:
12 February 1998, in which it:
                                                                     1. declares that, by not adopting within the prescribed
                                                                          period the laws, regulations and administrative
1. declares that, by failing to adopt within the prescribed               provisions necessary in order to comply with Council
     period the laws, regulations and administrative                      Directive 92/74/EEC of 22 September 1992 widening
     provisions necessary to comply with Commission                       the scope of Directive 81/851/EEC on the
     Directive 94/2/EC of 21 January 1994 implementing                    approximation of provisions laid down by law,
     Council Directive 92/75/EEC with regard to energy                    regulation or administrative action relating to
     labelling of househould electric refrigerators, freezers             veterinary medicinal products and laying down
     and their combinations, the Italian Republic has failed              additional provisions on homeopathic veterinary
     to fulfil its obligations under Article 4 of that                    medicinal products, the French Republic has failed to
     Directive;                                                           fulfil its obligations under the first subparagraph of
                                                                          Article 10(1) thereof;
2. orders the Italian Republic to pay the costs.
                                                                     2. orders the French Republic to pay the costs.
(1) OJ C 181, 14.6.1997.
                                                                     (1) OJ C 166, 31.5.1997.