CELEX: C1998/151/05
Language: en
Date: 1998-05-16 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 March 1998 in Case C-313/97: Commission of the European Communities v. Italian Republic (Failure by a Member State to fulfil its obligations - Directive 94/57/EC - Failure to transpose within the prescribed period)

C 151/4               EN                  Official Journal of the European Communities                                      16.5.98
Ioannou, Judges; G. Cosmas, Advocate-General; R. Grass,              Jacobs, Advocate-General; R. Grass, Registrar, has given a
Registrar, has given a judgment on 12 March 1998, in                 judgment on 12 March 1998, in which it:
which it:
                                                                     1. declares that, by failing to adopt, within the prescribed
1. declares that, by not adopting within the prescribed                  period, the laws, regulations and administrative
     period the laws, regulations and administrative                     provisions necessary in order to comply with Council
     provisions to comply with Council Directive 92/74/                  Directive 94/57/EC of 22 November 1994 on common
     EEC of 22 September 1992 widening the scope of                      rules and standards for ship inspection and survey
     Directive 81/851/EEC on the approximation of                        organisations and for the relevant activities of
     provisions laid down by law, regulation or                          maritime administrations, the Italian Republic has
     administrative action relating to veterinary medicinal              failed to fulfil its obligations under Article 16 thereof;
     products and laying down additional provisions on
     homeopathic veterinary medicinal products, the
     Kingdom of Belgium has failed to fulfil its obligations         2. orders the Italian Republic to pay the costs.
     under Article 10(1) thereof;
                                                                     (1) OJ C 331, 1.11.1997.
2. orders the Kingdom of Belgium to pay the costs.
(1) OJ C 212, 12.7.1997.
                                                                     Action brought on 27 February 1998 by the Commission
                                                                     of the European Communities against the Grand Duchy of
                                                                                                Luxembourg
                                                                                              (Case C-59/98)
               JUDGMENT OF THE COURT
                                                                                               (98/C 151/06)
                       (Fifth Chamber)
                      of 12 March 1998
                                                                     An action against the Grand Duchy of Luxembourg was
      in Case C-313/97: Commission of the European                   brought before the Court of Justice of the European
             Communities v. Italian Republic (1)                     Communities on 27 February 1998 by the Commission of
                                                                     the European Communities, represented by Giuliano
(Failure by a Member State to fulfil its obligations Ð
                                                                     Marenco, Principal Legal Adviser, and JoseÂ F. Crespo
Directive 94/57/EC Ð Failure to transpose within the
                                                                     Carrillo, of its Legal Service, acting as Agents, with an
                      prescribed period)
                                                                     address for service in Luxembourg at the office of Carlos
                        (98/C 151/05)                                Gómez de la Cruz, Wagner Centre, Kirchberg.
                (Language of the case: Italian)                      The applicant claims that the Court should:
                                                                     Ð declare that, by failing to adopt all the laws,
  (Provisional translation; the definitive translation will be           regulations or administrative provisions necessary to
          published in the European Court Reports)                       comply with Commission Directive 94/46/EC of
                                                                         13 October 1994 amending Directive 88/301/EEC and
                                                                         Directive 90/388/EEC in particular with regard to
In Case C-313/97: Commission of the European                             satellite communications (1), the Grand Duchy of
Communities (Agent: L. Pignataro) v. Italian Republic                    Luxembourg has failed to fulfil its obligations under
(Agent: U. Leanza, assisted by G. Aiello) Ð application                  that directive,
for a declaration that, by failing to adopt and/or
communicate the laws, regulations and administrative
provisions necessary in order to comply with Council                 Ð order the Grand Duchy of Luxembourg to pay the
Directive 94/57/EC of 22 November 1994 on common                         costs.
rules and standards for ship inspection and survey
organisations and for the relevant activities of maritime
administrations (OJ L 319, 12.12.1994, p. 20), the Italian           Pleas in law and main arguments adduced in support:
Republic has failed to fulfil its obligations under the EC
Treaty and under that Directive Ð the Court (Fifth
Chamber), composed of: C. Gulmann, President of the                  The mandatory nature of the provisions of the third
Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de                 paragraph of Article 189 and the first paragraph of
Almeida, J.-P. Puissochet and L. Sevón, Judges; F. G.                Article 5 of the EC Treaty requires Member States to