CELEX: C2002/289/24
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-347/02: Action brought on 30 September 2002 by the Commission of the European Communities against the French Republic

23.11.2002               EN                       Official Journal of the European Communities                                           C 289/15
that the system has the influence which it is alleged to have on             Pleas in law and main arguments
the prevention of accidents; rather, it tends to encourage the
amicable settlement of small-scale damage claims.
                                                                             The pleas in law and main arguments are similar to those in
                                                                             Case C-346/02 ( 2).
( 1) Council Directive 92/49/EEC of 18 June 1992 on the coordination
     of laws, regulations and administrative provisions relating to          (1 ) Council Directive 92/49/EEC of 18 June 1992 on the coordination
     direct insurance other than life assurance and amending Directives           of laws, regulations and administrative provisions relating to
     73/239/EEC and 88/357/EEC (third non-life insurance Directive)               direct insurance other than life assurance and amending Directives
     (OJ L 228 of 11.8.1992, p. 1).                                               73/239/EEC and 88/357/EEC (third non-life insurance Directive)
                                                                                  (OJ L 228 of 11.8.1992, p. 1).
                                                                             (2 ) See p. 14 of this Official Journal.
                                                                             Action brought on 28 September 2002 against the Italian
                                                                             Republic by the Commission of the European Communi-
                                                                                                                 ties
Action brought on 30 September 2002 by the Com-
mission of the European Communities against the French                                                   (Case C-348/02)
                               Republic
                                                                                                         (2002/C 289/25)
                           (Case C-347/02)
                                                                             An action against the Italian Republic was brought before the
                                                                             Court of Justice of the European Communities on 28 Septem-
                           (2002/C 289/24)                                   ber 2002 by the Commission of the European Communities,
                                                                             represented by G. Valero Jordana and R. Amorosi, acting as
                                                                             Agents.
                                                                             The applicant claims that the Court should:
An action against the French Republic was brought before the
                                                                             —      declare that, by failing to adopt the laws, regulations
Court of Justice of the European Communities on 30 Septem-
                                                                                    and administrative provisions necessary to comply with
ber 2002 by the Commission of the European Communities,
represented by C. Tufvesson and J.-F. Pasquier, acting as                           Council Directive 1999/13/EC (1) of 11 March 1999 on
                                                                                    the limitation of emissions of volatile organic compounds
Agents, with an address for service in Luxembourg.
                                                                                    due to the use of organic solvents in certain activities and
                                                                                    installations, the Italian Republic has failed to fulfil its
                                                                                    obligations under Article 15 of that directive;
The Commission of the European Communities claims that
                                                                             —      order the Italian Republic to pay the costs.
the Court should:
—      declare that, by introducing and maintaining in force a               Pleas in law and main arguments
       system of bonuses and penalties having automatic and
       compulsory repercussions on premium rates and apply-
       ing to all motor insurance contracts concluded on French              Article 249 EC, according to which a directive is to be binding,
       territory, without any distinction being drawn between                as to the result to be achieved, upon each Member State to
       insurance companies based in France and insurance                     which it is addressed, means that Member States are obliged to
       undertakings operating there through a branch or by the               comply with time-limits for transposition laid down by
       provision of services, contrary to the principle of freedom           directives. Although the time-limit expired on 1 April 2001,
       to set premium rates and elimination of prior or system-              the Italian Republic had not enacted the provisions necessary
       atic controls on premium scales and contracts, as laid                to comply with the directive referred to in the Commission’s
       down by Articles 6(3), 29 and 39 of Directive 92/49/                  claim.
       EEC (1), the French Republic has failed to fulfil its
       obligations under that directive;
                                                                             (1 ) OJ L 85 of 29.3.1999, p. 1.
—      order the French Republic to pay the costs.