CELEX: C2001/118/20
Language: en
Date: 2001-04-21 00:00:00
Title: Case C-65/01: Action brought on 14 February 2001 by the Commission of the European Communities against the Italian Republic

21.4.2001              EN                    Official Journal of the European Communities                                      C 118/13
4.   If the answer to questions 1(a) and/or 2(a) and/or 3 is                  Republic has failed to transpose general minimum
     Yes, has a Member State duly authorised a body under                     requirements and failed to ensure the protection of
     Article 1(4) of the Second Motor Insurance Directive                     workers and thus failed to fulfil its obligations under
     when an existing body has the task of providing compen-                  Article 4(1) and 2.1, 2.2, 2.3 and 2.8 of Annex I; and
     sation to victims pursuant only to an agreement with the
     relevant authority of the Member State that does not               —     Order the Italian Republic to pay the costs.
     correspond to the Second Motor Insurance Directive in
     those respects, and:
                                                                        Pleas in law and main arguments
     a)     that agreement creates a legal obligation owed to
            the relevant authority of the Member State to
            provide compensation to victims which is directly           The Commission finds that none of the documents referred to
            enforceable by the relevant authority and does not          by the Italian authorities contains provisions which correspond
            give such victims a directly enforceable legal right to     to certain points of Annex I to Directive 89/655/EEC, namely,
            claim against that body, but the victim may apply to        point 2.1, the second sentence of point 2.2, the second
            the Court for an order that the authority should            subparagraph of point 2.3 and the second subparagraph of
            enforce the agreement if the authority were to fail to      point 2.8.
            do so; and
                                                                        The Commission therefore concludes that the Italian Republic
     b)     that body carries out that obligation by accepting
                                                                        has not implemented the relevant provisions of Directive
            and paying claims from victims in accordance with
                                                                        89/655, thus failing to fulfil its obligations under Community
            that agreement; and
                                                                        law.
     c)     the Member State considered in good faith that the
            provision of that agreement gave at least as good
                                                                        (1) OJ 1989 L 393, p. 13.
            protection to victims as the requirements of the            (2) OJ 1989 L 183, p. 1.
            Second Motor Insurance Directive?
5.   If the answer to any of questions 1(a) or 2(a) or 3 is Yes,
     and/or if the answer to question 4 is No, does a failure to
     comply with the Second Motor Insurance Directive in
     that respect constitute a sufficiently serious breach by the
     Member State to give rise to liability for damages as a
     matter of Community law if it is established that such
     damage was caused?                                                 Reference for a preliminary ruling by the Unabhängiger
                                                                        Verwaltungssenat by order of 7 February 2001 in the
                                                                                    appeals brought by Dr Manfred Hückel
(1) OJ L 8, 11.1.1984, p. 17.
                                                                                          (Cases C-66/01 to C-74/01)
                                                                                                 (2001/C 118/21)
Action brought on 14 February 2001 by the Commission                    Reference has been made to the Court of Justice of the
of the European Communities against the Italian Republic                European Communities by order of 7 February 2001 by
                                                                        the Unabhängiger Verwaltungssenat Salzburg (Independent
                          (Case C-65/01)                                Administrative Chamber, Salzburg), which was received at the
                                                                        Court Registry on 14 February 2001, for a preliminary ruling
                         (2001/C 118/20)                                in the appeals brought by Dr Manfred Hückel on the following
                                                                        questions:
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 14 February             1.    Does Article 2(1)(b) of Council Directive 79/112/EEC of
2001 by the Commission of the European Communities,                           18 December 1978 on the approximation of the laws of
represented by Antonio Aresu, acting as Agent.                                the Member States relating to the labelling, presentation
                                                                              and advertising of foodstuffs for sale to the ultimate
The applicant claims that the Court should:                                   consumer (now consolidated in European Parliament and
                                                                              Council Directive 2000/13/EC of 20 March 2000 — OJ
—    Declare that, by failing to adopt and bring into force                   2000 L 109, p. 29), under which — subject to Com-
     within the prescribed period the laws, regulations and                   munity provisions applicable to natural mineral waters
     administrative provisions necessary to comply with                       and to foodstuffs for particular nutritional uses — the
     Council Directive 89/655/EEC (1) of 30 November 1989                     labelling and methods used may not attribute to any
     concerning the minimum safety and health requirements                    foodstuff the property of preventing, treating or curing a
     for the use of work equipment by workers at work                         human disease, or suggest that it possesses such proper-
     (second individual Directive within the meaning of                       ties, preclude national legislation which makes it an
     Article 16(1) of Directive 89/391/EEC) (2), the Italian                  offence when marketing foodstuffs: