CELEX: C2002/323/34
Language: en
Date: 2002-12-21 00:00:00
Title: Order of the Court (Fifth Chamber) of 3 October 2002 in Case C-273/01 (reference for a preliminary ruling from the Tribunale di Bari): Walter Ferro v Giovanni Santoro (Article 104(3) of the Rules of Procedure — Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents — Applicability to brokers)

C 323/24                   EN                      Official Journal of the European Communities                                         21.12.2002
M. Wathelet (Rapporteur), President of the Chamber, P. Jann                   A directive may not, of itself, impose obligations on a private
and A. Rosas, Judges; J. Mischo, Advocate General; R. Grass,                  individual and may not therefore be relied on as such against such a
Registrar, has given a judgment on 7 November 2002, in                        person.
which it:
1.    Declares that, by failing to adopt, within the prescribed period,       (1 ) OJ C 245 of 1.9.2001.
      the laws, regulations and administrative measures necessary to
      comply with Directive 98/8/EC of the European Parliament
      and of the Council of 16 February 1998 concerning the placing
      of biocidal products on the market, the Kingdom of Spain has
      failed to fulfil its obligations under that Directive;
2.    Orders the Kingdom of Spain to pay the costs.
                                                                                                  ORDER OF THE COURT
( 1) OJ C 317 of 10.11.2001.
                                                                                                        (Fifth Chamber)
                                                                                                      of 3 October 2002
                      ORDER OF THE COURT
                            (Third Chamber)                                   in Case C-273/01 (reference for a preliminary ruling from
                                                                              the Tribunale di Bari): Walter Ferro v Giovanni Santoro (1)
                          of 24 October 2002
in Case C-233/01 (Reference for a preliminary ruling from                     (Article 104(3) of the Rules of Procedure — Council
the Giudice di pace di Palermo): Riunione Adriatica di                        Directive 86/653/EEC of 18 December 1986 on the coordi-
             Securtà SpA (RAS) v Dario Lo Bue (1)                             nation of the laws of the Member States relating to self-
                                                                                  employed commercial agents — Applicability to brokers)
(Article 104(3) of the Rules of Procedure — Directives 73/
239/EEC and 92/49/EEC — Freedom to set premium rates                                                    (2002/C 323/34)
— Possibility of relying on a directive against an individual)
                             (2002/C 323/33)                                                      (Language of the case: Italian)
                      (Language of the case: Italian)
                                                                              (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                           in the European Court Reports)
                     in the European Court Reports)
In Case C-233/01: Reference to the Court under Article 234                    In Case C-273/01: reference to the Court under Article 234
EC by the Giudice di pace di Palermo (Italy) for a preliminary                EC from the Triunale di Bari (Italy) for a preliminary ruling in
ruling in the proceedings pending before that court between                   the proceedings pending before that court between Walter
Riunione Adriatica di Securtà SpA (RAS) and Dario Lo Bue, on                  Ferro and Giovanni Santoro — on the interpretation of
the interpretation of Article 8(3) of the First Council Directive             Council Directive 86/653/EEC of 18 December 1986 on the
73/239/EEC of 24 July 1973 on the coordination of laws,                       coordination of the laws of the Member States relating to self-
regulations and administrative provisions relating to the                     employed commercial agents (OJ 1986 L 382, p. 17) — the
taking-up and pursuit of the business of direct insurance other               Court (Fifth Chamber), composed of: P. Jann (Rapporteur),
than life assurance (OJ 1973 L 228, p. 3), in its version                     President of the Chamber, D.A.O. Edward, A. La Pergola,
resulting from Council Directive 92/49/EEC of 18 June 1992                    M. Wathelet and A. Rosas, Judges; F.G. Jacobs, Advocate
on the coordination of laws, regulations and administrative                   General; R. Grass, Registrar, has made an order in which it has
provisions relating to direct insurance other than life assurance             ruled:
and amending Directives 73/239/EEC and 88/357/EEC (third
non-life insurance Directive) (OJ 1992 L 228, p. 1), and of
Articles 29 and 39 of Directive 92/49, the Court (Third                       The provisions of Council Directive 86/653/EEC of 18 December
Chamber), composed of: J.-P. Puissochet, President of the                     1986 on the coordination of the laws of the Member States relating
Chamber, F. Macken and J.N. Cunha Rodrigues (Rapporteur),                     to self-employed commercial agents must be interpreted as meaning
Judges; S. Alber, Advocate General; R. Grass, Registrar, after                that they do not apply to national legislation which makes the
informing the national court that the Court proposes to give                  entitlement of brokers to remuneration conditional upon the name of
its decision by reasoned order pursuant to Article 104(3) of its              the broker being entered in a register established for that purpose.
Rules of Procedure, after inviting the interested parties referred
to in Article 20 of the EC Statute of the Court of Justice to
                                                                              (1 ) OJ C 289 of 13.10.2001.
submit any observations they might have in that regard, has
made an order on 24 October 2002, the operative part of
which is as follows: