CELEX: C2000/355/25
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-376/00: Action brought on 11 October 2000 by the Commission of the European Communities against the Italian Republic

9.12.2000             EN                    Official Journal of the European Communities                                      C 355/13
—     order Ireland to pay the costs.                                  Pleas in law and main arguments
                                                                       Under the third paragraph of Article 249 of the EC Treaty,
Pleas in law and main arguments                                        directives are to be binding, as to the result to be achieved,
                                                                       upon each Member State to which it is addressed. Under the
                                                                       first paragraph of Article 10 of the EC Treaty, Member States
Article 249 CE (ex Article 189 of the EC Treaty) under which           are to take all appropriate measures, whether general or
a directive shall be binding as to the result to be achieved,          particular, to ensure fulfilment of the obligations arising out
upon each Member State, carries by implication an obligation           of this Treaty or resulting from action taken by the institutions
on the Member States to observe the period for compliance              of the Community.
laid down in the directive. That period expired on 8 April 1999
without Ireland having adopted all the measures necessary to
comply with the directive referred to in the conclusions of the        The Commission finds that, to date, despite the expiry of the
Commission.                                                            prescribed period, the Italian Republic has not forwarded the
                                                                       reports on the implementation of the directives referred to in
                                                                       the Commission’s application.
(1) OJ L 235, 17.9.1996, p. 6.
                                                                       (1) OJ L 377, 31.12.1991, p. 48.
                                                                       (2) OJ L 194, 25.7.1975, p. 23.
                                                                       (3) OJ L 194, 25.7.1975, p. 39.
Action brought on 11 October 2000 by the Commission
of the European Communities against the Italian Republic               Action brought on 13 October 2000 by the Commission
                                                                       of the European Communities against the Grand Duchy
                        (Case C-376/00)                                                         of Luxembourg
                        (2000/C 355/25)                                                         (Case C-377/00)
                                                                                                (2000/C 355/26)
An action against the Italian Republic was brought before the
Court of Justice on 11 October 2000 by the Commission of
                                                                       An action against the Grand Duchy of Luxembourg was
the European Communities, represented by Hans Støvelbaek,
                                                                       brought before the Court of Justice of the European Communi-
of its Legal Service, and Roberto Amorosi, judge on
                                                                       ties on 13 October 2000 by the Commission of the European
secondment to the Legal Service, acting as Agents, with an
                                                                       Communities represented by Bernard Mongin, a member of its
address for service in Luxembourg at the office of Carlos
                                                                       Legal Service, acting as Agent, with an address for service in
Gómez de la Cruz, also of its Legal Service, Wagner Centre,
                                                                       Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
Kirchberg.
                                                                       Centre, Kirchberg.
The applicant claims that the Court of Justice should:                 The applicant claims that the Court should:
—     Declare that, by failing to forward within the period            1.    declare that, by failing to adopt or notify the laws,
      prescribed by Article 5 of Council Directive                           regulations and administrative provisions necessary to
      91/692/EEC (1) of 23 December 1991 standardizing and                   comply with Council Directive 98/18/EC of 17 March
      rationalizing reports on the implementation of certain                 1998 on safety rules and standards for passenger ships (1),
      Directives relating to the environment the reports                     Luxembourg has failed to fulfil its obligations under that
      required under:                                                        Directive;
      —     Article 18 of Council Directive 75/439/EEC (2) of          2.    Order Luxembourg to pay the costs.
            16 June 1975 on the disposal of waste oils, as
            amended by Directive 87/101/EEC;                           Pleas in law and main arguments
      —     Article 121 of Directive 75/442/EEC (3) on waste as        The pleas in law and main arguments are analogous to those
            amended by Directive 91/156/EEC;                           submitted in Case C-335/00 (2); the period prescribed by
                                                                       Article 14(1) of Directive 98/18/EC expired on 1 July 1998.
      each of which as amended by Article 5 of the abovemen-
      tioned Directive 91/692/EEC, in respect of the period
      1995-1997, the Italian Republic has failed to fulfil its         (1) OJ L 144 of 15.5.1998, p. 1.
      obligations under the abovementioned directives.                 (2) OJ C ...
—     Order the Italian Republic to pay the costs.