CELEX: C2001/118/07
Language: en
Date: 2001-04-21 00:00:00
Title: Judgment of the Court (Third Chamber) of 7 December 2000 in Case C-423/99: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 98/10/EC)

C 118/4                 EN                      Official Journal of the European Communities                                          21.4.2001
                 JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                          (First Chamber)                                                            (Third Chamber)
                       of 7 December 2000                                                          of 7 December 2000
in Case C-395/99: Commission of the European Communi-                      in Case C-423/99: Commission of the European Communi-
                     ties v Italian Republic (1)                                                 ties v Italian Republic (1)
(Failure by a Member State to fulfil its obligations —                     (Failure of a Member State to fulfil its obligations — Failure
Directives 96/51/EC and 96/93/EC — Failure to transpose                                    to transpose Directive 98/10/EC)
            directives within the prescribed periods)
                                                                                                      (2001/C 118/07)
                          (2001/C 118/06)
                                                                                                (Language of the case: Italian)
                    (Language of the case: Italian)
                                                                           (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                         in the European Court Reports)
                   in the European Court Reports)
                                                                           In Case C-423/99: Commission of the European Communities
In Case C-395/99: Commission of the European Communities                   (Agents: C. Schmidt and G. Bisogni) v Italian Republic (Agents:
(Agent: F.P. Ruggeri Laderchi) v Italian Republic (Agents:                 U. Leanza and I.M. Braguglia) — application for a declaration
U. Leanza, assisted by P.G. Ferri) — application for a declar-             that, by not adopting or, in any event, by not communicating
ation that, by not adopting or, in any event, not communicat-              to the Commission the laws, regulations and administrative
ing the laws, regulations and administrative provisions necess-            provisions necessary to comply with Directive 98/10/EC of
ary to comply with Council Directive 96/51/EC of 23 July                   the European Parliament and of the Council of 26 February
1996 amending Directive 70/524/EEC concerning additives in                 1998 on the application of open network provision (ONP) to
feedingstuffs (OJ 1996 L 235, p. 39) and with Council                      voice telephony and on universal service for telecommuni-
Directive 96/93/EC of 17 December 1996 on the certification                cations in a competitive environment (OJ 1998 L 101, p. 24),
of animals and animal products (OJ 1997 L 13, p. 28), the                  the Italian Republic has failed to fulfil its obligations under
Italian Republic has failed to fulfil its obligations under the EC         that directive — the Court (Third Chamber), composed of:
Treaty and those directives — the Court (First Chamber),                   C. Gulmann (Rapporteur), President of the Chamber,
composed of: M. Wathelet, President of the Chamber, P. Jann                J.-P Puissochet and F. Macken, Judges; G. Cosmas, Advocate
(Rapporteur) and L. Sevón, Judges; S. Alber, Advocate General;            General; R. Grass, Registrar, has given a judgment on 7 Decem-
R. Grass, Registrar, has given a judgment on 7 December                    ber 2000, in which it:
2000, in which it:
1.    Declares that, by not adopting within the prescribed periods the     1.    Declares that, by not adopting, within the time-limit laid down,
      laws, regulations and administrative provisions necessary to               the laws, regulations and administrative provisions necessary to
      comply with the provisions referred to in Article 2(1)(a) of               comply with Directive 98/10/EC of the European Parliament
      Council Directive 96/51/EC of 23 July 1996 amending                        and of the Council of 26 February 1998 on the application of
      Directive 70/524/EEC concerning additives in feedingstuffs,                open network provision (ONP) to voice telephony and on
      and with the provisions of Council Directive 96/93/EC of                   universal service for telecommunications in a competitive
      17 December 1996 on the certification of animals and animal                environment, the Italian Republic has failed to fulfil its
      products, the Italian Republic has failed to fulfil its obligations        obligations under that directive;
      under those provisions;
                                                                           2.    Orders the Italian Republic to pay the costs.
2.    Orders the Italian Republic to pay the costs.
                                                                           (1) OJ C 20 of 22.1.2000.
(1) OJ C 352 of 4.12.1999.