CELEX: C2003/184/10
Language: en
Date: 2003-08-02 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 12 June 2003 in Case C-130/01: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Directive 76/464/EEC — Pollution of the aquatic environment — Pollution reduction programmes which include quality objectives for certain dangerous substances)

C 184/6                   EN                          Official Journal of the European Union                                                 2.8.2003
                    JUDGMENT OF THE COURT                                                       JUDGMENT OF THE COURT
                                                                                                         (Sixth Chamber)
                            (Sixth Chamber)
                                                                                                          of 5 June 2003
                            of 12 June 2003
                                                                              in Case C-145/01: Commission of the European Commu-
                                                                                                  nities v Italian Republic (1)
in Case C-130/01: Commission of the European Commu-
                                                                              (Failure of a Member State to fulfil obligations — No proper
                      nities v French Republic (1)
                                                                                    letter of formal notice — Application inadmissible)
(Failure of a Member State to fulfil its obligations —                                                    (2003/C 184/11)
Directive 76/464/EEC — Pollution of the aquatic environ-
ment — Pollution reduction programmes which include                                                (Language of the case: Italian)
      quality objectives for certain dangerous substances)
                                                                              (Provisional translation; the definitive translation will be published in
                                                                                                    the European Court Reports)
                             (2003/C 184/10)
                                                                              In Case C-145/01, Commission of the European Communities
                      (Language of the case: French)                          (Agent: A. Aresu) v Italian Republic (Agent: U. Leanzaassisted
                                                                              by D. Del Gaizo): Application for a declaration that, by
                                                                              maintaining in force Article 47(5) and (6) of Law No 428 of
(Provisional translation; the definitive translation will be published in     29 December 1990 laying down provisions for compliance
                       the European Court Reports)                            with the obligations arising from Italy's membership of the
                                                                              European Communities (Community Law for 1990) (ordinary
                                                                              supplement to GURI No 10 of 12 January 1991, p. 5), which:
                                                                              —     allow for the non-application of the automatic transfer of
In Case C-130/01, Commission of the European Communities
                                                                                    all contracts of employment or employment relationships,
(Agents: G. Valero Jordana and J. Adda) v French Republic
                                                                                    from the transferor to the transferee, in respect of under-
(Agents: D. Colas and G. de Bergues): Application for a
                                                                                    takings subject to an approved composition procedure
declaration that, by failing to adopt pollution reduction
                                                                                    involving the transfer of assets or a special administration
programmes which include quality objectives for the
                                                                                    procedure, where those undertakings pursue their activity
99 dangerous substances listed in the annex to the application
                                                                                    after the transfer, and
and failing to communicate a summary of those programmes
and the results of their implementation to the Commission, in
                                                                              —     in respect of undertakings declared to be ‘in a situation of
breach of Article 7 of Council Directive 76/464/EEC of 4 May
                                                                                    economic crisis’, do not provide for the transfer, from the
1976 on pollution caused by certain dangerous substances
                                                                                    transferor to the transferee, of employees and debts
discharged into the aquatic environment of the Community
                                                                                    arising from a contract of employment or employment
(OJ 1976 L 129, p. 23), the French Republic has failed to fulfil
                                                                                    relationship,
its obligations under the EC Treaty, the Court (Sixth Chamber),
composed of: J.-P. Puissochet, President of the Chamber,
C. Gulmann, V. Skouris (Rapporteur), F. Macken and                            the Italian Republic has failed to fulfil its obligations under
N. Colneric, Judges; J. Mischo, Advocate General; R. Grass,                   Council Directive 77/187/EEC of 14 February 1977 on the
Registrar, has given a judgment on 12 June 2003, in which it:                 approximation of the laws of the Member States relating to
                                                                              the safeguarding of employees' rights in the event of transfers
                                                                              of undertakings, businesses or parts of businesses (OJ 1977
1.    Declares that, by failing to adopt pollution reduction                  L 61, p. 26), in particular Articles 3 and 4 thereof, the Court
      programmes which include quality objectives for the                     (Sixth Chamber), composed of: J.-P. Puissochet (Rapporteur),
      99 dangerous substances listed in the annex to the application          President of the Chamber, R. Schintgen, C. Gulmann,
      which comply with the requirements of Article 7 of Council              F. Macken and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate
      Directive 76/464/EEC of 4 May 1976 on pollution caused by               General; R. Grass, Registrar, has given a judgment on 5 June
      certain dangerous substances discharged into the aquatic envir-         2003, in which it:
      onment of the Community, the French Republic has failed to
      fulfil its obligations under that directive;                            1.    Dismisses the application as inadmissible;
                                                                              2.    Orders the Commission of the European Communities to pay
2.    Orders the French Republic to bear the costs.                                 the costs.
(1) OJ C 150, 19.5.2001.                                                      (1) OJ C 173 of 16.06.2001.