CELEX: C1999/204/01
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 25 March 1999 in Case C-112/97: Commission of the European Communities v Italian Republic (Failure by a Member State to fulfil its obligations - Directive 90/396/EEC - Heaters - Installation in living areas)

17.7.1999               EN                      Official Journal of the European Communities                                                C 204/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1. Declares that, by establishing and maintaining in force a system
                                                                                 which, in cases of new installation or conversion of gas appliances,
                                                                                 requires that only sealed heaters be used in living areas, thereby
                          (Sixth Chamber)                                        implicitly prohibiting the installation of other types of heaters
                                                                                 which comply with Council Directive 90/396/EEC of 29 June
                                                                                 1990 on the approximation of the laws of the Member States
                         of 25 March 1999                                        relating to appliances burning gaseous fuels, the Italian Republic
                                                                                 has failed to fulfil its obligations under that directive;
in Case C-112/97: Commission of the European Communi-                        2. Orders the Italian Republic to pay the costs.
                     ties v Italian Republic (1)
                                                                             (1) OJ C 166 of 31.5.1997.
(Failure by a Member State to fulfil its obligations —
Directive 90/396/EEC — Heaters — Installation in living
                                areas)
                          (1999/C 204/01)
                                                                                              JUDGMENT OF THE COURT
                    (Language of the case: Italian)
                                                                                                        of 20 April 1999
(Provisional translation; the definitive translation will be published
                                                                             in Case C-241/97 (reference for a preliminary ruling from
                   in the European Court Reports)
                                                                             the Regeringsrätten in the proceedings brought before
                                                                               that court by Försäkringsaktiebolaget Skandia (publ) (1)
In Case C-112/97: Commission of the European Communities
(Agents: Paolo Stancanelli and Hans Støvlbaek) v Italian                     (Insurance Directives 73/239/EEC and 79/267/EEC —
Republic (Agent: Professor Umberto Leanza, assisted by Fran-                                  Restrictions on choice of assets)
cesca Quadri) — application for a declaration that, by estab-
lishing and maintaining a system which requires that only
sealed heaters be installed in living areas, thereby implicitly                                          (1999/C 204/02)
prohibiting the installation of other types of heaters which
comply with Council Directive 90/396/EEC of 29 June 1990
on the approximation of the laws of the Member States relating                                  (Language of the case: Swedish)
to appliances burning gaseous fuels (OJ 1990 L 196, p. 15),
the Italian Republic has failed to fulfil its obligations under
Community law — the Court (Sixth Chamber), composed of:                      (Provisional translation; the definitive translation will be published
G. Hirsch (President of the Second Chamber), acting as                                           in the European Court Reports)
President of the Sixth Chamber, G.F. Mancini, H. Ragnemalm,
R. Schintgen and K.M. Ioannou (Rapporteur), Judges; S. Alber,
Advocate General; R. Grass, Registrar, has given a judgment                  In Case C-241/97: reference to the Court under Article 177 of
on 25 March 1999, in which it:                                               the EC Treaty from the Regeringsrätten (Sweden) for a