CELEX: C2002/068/17
Language: en
Date: 2002-03-16 00:00:00
Title: Case C-26/02: Action brought on 31 January 2002 by the Kingdom of Spain against the Council of the European Communities

16.3.2002              EN                    Official Journal of the European Communities                                         C 68/9
—     Order the Italian Republic to pay the costs.                      Action brought on 31 January 2002 by the Commission
                                                                        of the European Communities against the Kingdom of
                                                                                                       Spain
Pleas in law and main arguments
                                                                                                 (Case C-28/02)
Article 249 EC, which provides that a directive is to be binding
as to the result to be achieved on each Member State to which
it is addressed, implies an obligation that the Member States
comply with the time-limits for transposition prescribed by                                      (2002/C 68/18)
directives. In the present case the prescribed period expired on
18 January 2001 without the Italian Republic having adopted
the provisions necessary to comply with the directive referred
to in the form of order sought by the Commission.
                                                                        An action against the Kingdom of Spain was brought before
                                                                        the Court of Justice of the European Communities on 31 Janu-
                                                                        ary 2002 by the Commission of the European Communities,
                                                                        represented by Gregorio Valero Jordana, of its Legal Service,
                                                                        acting as Agent, with an address for service in Luxembourg at
                                                                        the office of Luis Escobar Guerrero, also of the Commission’s
Action brought on 31 January 2002 by the Kingdom of                     Legal Service, Wagner Centre, Luxembourg.
 Spain against the Council of the European Communities
                         (Case C-26/02)
                                                                        The applicant claims that the Court should:
                         (2002/C 68/17)
                                                                        —     declare that, by failing to bring into force the laws,
                                                                              regulations and administrative provisions needed in order
An action against the Council of the European Communities                     to comply with Directive 1999/94/EC(1) of the European
was brought before the Court of Justice of the European                       Parliament and of the Council of 13 December 1999
Communities on 31 January 2002 by the Kingdom of Spain,                       relating to the availability of consumer information on
represented by R. Silva de Lapuerta, acting as Agent, with an                 fuel economy and CO2 emissions in respect of the
address for service in Luxembourg.                                            marketing of new passenger cars, or, in any event, by
                                                                              failing to have informed the Commission of any such
                                                                              laws, regulations or administrative provisions, the
The applicant claims that the Court should:                                   Kingdom of Spain has failed to fulfil its obligations under
                                                                              that Directive;
—     annul the point relating to anchovies referred to in note
      (2) to the item relating to stocks of ‘Anchovy; Zones: IX,
      X, CECAF 34.1.1’ (EC waters) contained in Annex ID to             —     order the Kingdom of Spain to pay the costs.
      Council Regulation (EC) No 2555/2001 (1) of 18 Decem-
      ber 2001 fixing for 2002 the fishing opportunities and
      associated conditions for certain fish stocks and groups
      of fish stocks, applicable in Community waters and, for
      Community vessels, in waters where limitations in catch
      are required; and                                                 Pleas in law and main arguments
—     order the defendant institution to pay the costs.
                                                                        Under Article 12 of Directive 1999/94/EC, the Kingdom of
Pleas in law and main arguments                                         Spain should have brought into force the measures necessary
                                                                        to comply with the Directive by 18 January 2001 and should
                                                                        have informed the Commission thereof.
The pleas in law and main arguments are similar to those in
Case C-22/01 (2).
                                                                        (1) OJ L 12, 18.1.2000, p. 16.
(1) OJ L 347 of 31.12.2001, p. 1.
(2) OJ C 79, 10.3.2001, p. 18.