CELEX: C2002/169/21
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court (First Chamber) 30 May 2002 in Case C-376/01: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 98/8/EC)

C 169/12                 EN                      Official Journal of the European Communities                                          13.7.2002
declaration that, by failing to adopt the laws, regulations and             Commission, the Grand Duchy of Luxembourg has failed to
adminstrative provisions necessary to comply with Com-                      fulfil its obligations under that directive, the Court (First
mission Directive 98/101/EC of 22 December 1998 adapting                    Chamber), composed of: P. Jann, President of the Chamber,
to technical progress Council Directive 91/157/EEC on batter-               M. Wathelet (Rapporteur), and A. Rosas, Judges; F.G. Jacobs,
ies and accumulators containing certain dangerous substances                Advocate General; R. Grass, Registrar, has given a judgment
(OJ 1999 L 1, p. 1) or, in any event, by failing to inform the              on 16 May 2002, in which it:
Commission thereof, Italy has failed to fulfil its obligations
under that directive, the Court (Third Chamber), composed of:
F. Macken, President of the Chamber, C. Gulmann (Rapporteur)                1.    Declares that, by failing to adopt, within the prescribed period,
and J.-P. Puissochet, Judges; D. Ruiz-Jarabo Colomer, Advocate                    the laws, regulations and administrative measures necessary in
General; R. Grass, Registrar, has given a judgment on 30 May                      order to comply with Directive 98/8/EC of the European
2002, in which it:                                                                Parliament and of the Council of 16 February 1998 concerning
                                                                                  the placing of biocidal products on the market, the Grand
                                                                                  Duchy of Luxembourg has failed to fulfil its obligations under
1.    Declares that, by failing to adopt the laws, regulations and
                                                                                  that directive.
      administrative provisions necessary to comply with Commission
      Directive 98/101/EC of 22 December 1998 adapting to
      technical progress Council Directive 91/157/EEC on batteries          2.    Orders the Grand Duchy of Luxembourg to pay the costs.
      and accumulators containing certain dangerous substances, the
      Italian Republic has failed to fulfil its obligations under
      Directive 98/101;
                                                                            (1) OJ C 317 of 10.11.2001.
2.    Orders the Italian Republic to pay the costs.
(1) OJ C 317 of 10.11.2001.
                                                                                               JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                               (First Chamber)
                           (First Chamber)                                                              30 May 2002
                             16 May 2002                                    in Case C-376/01: Commission of the European Communi-
                                                                                                      ties v Ireland (1)
in Case C-372/01: Commission of the European Communi-
             ties v Grand Duchy of Luxembourg (1)                           (Failure by a Member State to fulfil its obligations — Failure
                                                                                              to transpose Directive 98/8/EC)
(Failure by a Member State to fulfil its obligations — Failure
                 to transpose Directive 98/8/EC)
                                                                                                      (2002/C 169/21)
                           (2002/C 169/20)
                                                                                                 (Language of the case: English)
                     (Language of the case: French)
(Provisional translation; the definitive translation will be published      In Case C-376/01, Commission of the European Communities
                    in the European Court Reports)                          (Agent: R. Wainwright) v Ireland (Agent: D. J. O’Hagan):
                                                                            Application for a declaration that, by failing to adopt, by
                                                                            14 May 2000, the laws, regulations and administrative pro-
                                                                            visions necessary to comply with Directive 98/8/EC of the
In Case C-372/01, Commission of the European Communities                    European Parliament and of the Council of 16 February 1998
(Agent: M. Nolin) v Grand Duchy of Luxembourg (Agent:                       concerning the placing of biocidal products on the market
J. Faltz): Application for a declaration that, by failing to adopt          (OJ 1998 L 123, p. 1), or in any event by failing to inform the
the laws, regulations and administrative provisions necessary               Commission thereof, Ireland has failed to fulfil its obligations
to comply with Directive 98/8/EC of the European Parliament                 under that directive, the Court (First Chamber), composed of:
and of the Council of 16 February 1998 concerning the                       P. Jann, President of the Chamber, M. Wathelet (Rapporteur)
placing of biocidal products on the market (OJ 1998 L 123,                  and A. Rosas, Judges; J. Mischo, Advocate General; R. Grass,
p. 1) and, in any event, by failing to communicate them to the              Registrar, has given a judgment on 30 May 2002, in which it:
 ---pagebreak--- 13.7.2002                EN                      Official Journal of the European Communities                                            C 169/13
1.    Declares that, by failing to adopt within the prescribed period       1.    The appeal is dismissed.
      the laws, regulations and administrative provisions necessary to
      comply with Directive 98/8/EC of the European Parliament              2.    The parties to the appeal are to bear their own costs.
      and of the Council of 16 February 1998 concerning the placing
      of biocidal products on the market, Ireland has failed to fulfil
      its obligations under that directive;
                                                                            (1) OJ C 355 of 25.11.2000.
2.    Orders Ireland to pay the costs.
(1) OJ C 317 of 10.11.2001.
                                                                                                ORDER OF THE COURT
                                                                                                     (Fourth Chamber)
                     ORDER OF THE COURT                                                                of 2 May 2002
                          of 13 March 2002                                  in Case C-43/01 P: Sandro Cognigni v Commission of the
                                                                                               European Communities (1)
in Case C-344/00 P: Michel Hendrickx v European Centre                          (Appeal — Officials — Appeal manifestly unfounded)
for the Development of Vocational Training (Cedefop) (1)
                                                                                                      (2002/C 169/23)
(Appeal — Officials — Non-renewal of contract as a
member of the temporary staff — Rejection of application
for post — Admissibility — Competence — Legality of                                             (Language of the case: Italian)
                           vacancy notices)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                           (2002/C 169/22)
                     (Language of the case: French)
                                                                            In Case C-43/01 P: Sandro Cognigni, residing at Amandola
                                                                            (Italy), represented by W. Massucci — appeal against the order
(Provisional translation; the definitive translation will be published      of the Court of First Instance of the European Communities
                    in the European Court Reports)                          (First Chamber) of 30 November 2000 in Case T-314/00
                                                                            Cognigni v Commission (not published in the European Court
                                                                            Reports), seeking to have that order set aside, the other party
                                                                            to the proceedings being the Commission of the European
                                                                            Communities (Agent: J. Currall, assisted by A. Dal Ferro) —
In Case C-344/00 P: Michel Hendrickx, an official of the                    the Court (Fourth Chamber), composed of: S. von Bahr
Council of the European Union, residing in Brussels (Belgium),              (Rapporteur), President of the Chamber, D.A.O. Edward and
represented by J.-N. Louis and V. Peere — appeal against the                A. La Pergola, Judges; S. Alber, Advocate General; R. Grass,
judgment of the Court of First Instance of the European                     Registrar, has made an order on 2 May 2002, the operative
Communities (Fifth Chamber) of 13 July 2000 in Case T-87/                   part of which is as follows:
99 Hendrickx v Cedefop [2000] ECR-SC I-A-147 and II-679,
seeking to have that judgment partially set aside, the other
party to the proceedings being the European Centre for the                  1.    The appeal is dismissed.
Development of Vocational Training (Cedefop), represented
by B. Wägenbaur — the Court, composed of: G.C. Rodrı́guez                   2.    Mr Cognigni is to pay the costs.
Iglesias, President, P. Jann, F. Macken, N. Colneric (Rapporteur)
and S. von Bahr, Presidents of Chambers, C. Gulmann,
D.A.O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,
R. Schintgen, V. Skouris, J.N. Cunha Rodrigues, C.W.A. Timm-                (1) OJ C 95 of 24.3.2001.
ermans and A. Rosas, Judges; A. Tizzano, Advocate General;
R. Grass, Registrar, has made an order on 13 March 2002, the
operative part of which is as follows: