CELEX: C2000/020/23
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-418/99: Action brought on 29 October 1999 by the Commission of the European Communities against the Italian Republic

22.1.2000               EN                        Official Journal of the European Communities                                           C 20/11
Reference for a preliminary ruling by the Kantongerecht                      Pleas in law and main arguments
te Groningen by decision of 19 October 1999 in the case
of Kamer van Koophandel en Fabrieken voor Groningen
and Challenger Trading Company Ltd, a company incor-
                   porated under foreign law                                 The Commission considers that the Kingdom of Spain should,
                                                                             in accordance with Article 13 of the directive, have complied
                          (Case C-410/99)                                    with the designation obligation by no later than 21 May 1998,
                                                                             and states that, despite the adoption of Council Directive
                           (2000/C 20/21)                                    1999/30/EC (2), the first of the directives implementing Direc-
                                                                             tive 96/62/EC, the Kingdom of Spain has not yet notified it of
Reference has been made to the Court of Justice of the                       the authorities and bodies responsible for implementing that
European Communities by decision of 19 October 1999 of                       directive.
the Kantongerecht te Groningen (Cantonal Court, Groningen),
which was received at the Court Registry on 27 October 1999,
for a preliminary ruling in the case of Kamer van Koophandel                 (1) OJ L 296 of 21.11.1996, p. 55.
en Fabrieken voor Groningen (Chamber of Commerce and                         (2) OJ L 163 of 29.6.1999, p. 41.
Industry for Groningen) and Challenger Trading Company Ltd,
a company incorporated under foreign law, on the following
question:
Do the (new) Articles 43 and 48 of the Treaty establishing the
European Community preclude formally foreign companies,
within the meaning of Article 1 of the Wet op de formeel
buitenlandse vennootschappen (Netherlands Law on formally
foreign companies), from being subject in the Netherlands to
the provisions of Article 2 et seq of that Law? (1)
                                                                             Action brought on 29 October 1999 by the Commission
(1) Article 2 et seq of this Law make formally foreign companies
                                                                             of the European Communities against the Italian Republic
    subject to a number of provisions of Netherlands company law
    designed to protect the interests of third parties, such as provisions
    concerning registration in the Commercial Register, minimum
    capital, duty to maintain accounts, as well as the preparation,                                     (Case C-418/99)
    arrangement and publication of annual accounts.
                                                                                                         (2000/C 20/23)
Action brought on 29 October 1999 by the Commission                          An action against the Italian Republic was brought before the
                                                                             Court of Justice of the European Communities on 29 October
of the European Communities against the Kingdom of
                                 Spain                                       1999 by the Commission of the European Communities,
                                                                             represented by Gregorio Valero Jordana, of its Legal Service,
                                                                             and Giacinto Bisogni, an appeal court judge on secondment to
                          (Case C-417/99)
                                                                             its Legal Service, acting as Agents, with an address for service
                                                                             in Luxembourg at the office of Carlos Gómez de la Cruz,
                           (2000/C 20/22)                                    Wagner Centre, Kirchberg.
An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on
29 October 1999 by the Commission of the European Com-                       The applicant claims that the Court should:
munities, represented by Gregorio Valero Jordana, acting as
Agent, with an address for service in Luxembourg at the office
of Carlos Gómez de la Cruz, of its Legal Service, Wagner                    — declare that, by failing to adopt, or at any rate to
Centre, Kirchberg.                                                                communicate to the Commission, the laws, regulations
                                                                                  and administrative measures necessary in order to comply
The applicant claims that the Court should:                                       with Directive 97/68/EC of the European Parliament
                                                                                  and of the Council of 16 December 1997(1) on the
— declare that, by failing to designate the competent auth-                       approximation of the laws of the Member States relating
     orities and bodies referred to in the first paragraph of                     to measures against the emission of gaseous and particulate
     Article 3 of Council Directive 96/62/EC (1) of 27 Septem-                    pollutants from internal combustion engines to be installed
     ber 1996 on ambient air quality assessment and manage-                       in non-road mobile machinery, the Italian Republic has
     ment, the Kingdom of Spain has failed to fulfil its                          failed to fulfil its obligations under that directive;
     obligations under that directive;
— order the Kingdom of Spain to pay the costs.                               — order the Italian Republic to pay the costs.
 ---pagebreak--- C 20/12                EN                    Official Journal of the European Communities                                   22.1.2000
Pleas in law and main arguments                                         time-limit expired on 30 September 1997, but the Italian
                                                                        Republic had not adopted the measures necessary to comply
Article 249 EC (formerly Article 189 of the EC Treaty),                 with the directive mentioned in the forms of order sought by
according to which a directive is to be binding, as to the result       the Commission.
to be achieved, upon each Member State to which it is
addressed, requires Member States to observe the time-limits
laid down in directives for their transposition. The time-limit         (1) OJ L 48 of 19 February 1997, p. 20.
in the present case expired on 30 June 1998 without the
Italian Republic having adopted the necessary provisions in
order to comply with the directive referred to in the Com-
mission’s application. Failure by a State to comply with its
obligations — Failure to transpose, within the period pre-
scribed for that purpose, Directive 97/68/EC of the European
Parliament and of the Council of 16 December 1997 on the
approximation of the laws of the Member States relating to
measures against the emission of gaseous and particulate                Action brought on 29 October 1999 by the Commission
pollutants from internal combustion engines to be installed in          of the European Communities against the Italian Republic
non-road mobile machinery.
                                                                                                (Case C-420/99)
(1) OJ L 59 of 27.2.1998, p. 1.
                                                                                                 (2000/C 20/25)
                                                                        An action against the Italian Republic was brought before
                                                                        the Court of Justice of the European Communities by the
                                                                        Commission of the European Communities, represented by
Action brought on 29 October 1999 by the Commission                     Richard Wainwright, of its Legal Service, and Giacinto Bisogni,
of the European Communities against the Italian Republic                a judge of the Court of Appeal, seconded to that Legal Service,
                                                                        acting as Agents, with an address for service at the office of
                                                                        Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
                         (Case C-419/99)
                          (2000/C 20/24)                                The applicant claims that the Court should:
An action against the Italian Republic was brought before               — declare that, by failing to adopt or, in any event, by failing
the Court of Justice of the European Communities by the                     to communicate to the Commission, the laws, regulations
Commission of the European Communities, represented by                      and administrative provisions necessary to comply with
Richard Wainwright, of its Legal Service, and Giacinto Bisogni,             Directive 96/70/EC (1) of the European Parliament and of
a judge of the Court of Appeal, seconded to that Legal Service,             the Council of 28 October 1996 relating to the exploi-
acting as Agents, with an address for service at the office of              tation and marketing of natural mineral waters, the Italian
Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.                         Republic has failed to fulfil its obligations under that
                                                                            directive,
The applicant claims that the Court should:
                                                                        — order the Italian Republic to pay the costs.
— declare that, by failing to adopt or, in any event, by failing
     to communicate to the Commission, the laws, regulations
     and administrative provisions necessary to comply with             Pleas in law and main arguments
     Directive 96/84/EC (1) of the European Parliament and of
     the Council of 19 December 1996 amending Directive
     89/398/EEC on the approximation of the laws of the                 Article 249 EC (formerly Article 189 of the EC Treaty), in
     Member States relating to foodstuffs intended for particular       accordance with which a directive is binding, as to the result
     nutritional uses, the Italian Republic has failed to fulfil its    to be achieved, upon each Member State to which it is
     obligations under that directive,                                  addressed, requires those Member States to comply with the
                                                                        time-limits for implementation laid down in the directive.
— order the Italian Republic to pay the costs.                          The time-limit expired on 28 October 1997, but the Italian
                                                                        Republic had not adopted the measures necessary to comply
                                                                        with the directive mentioned in the forms of order sought by
Pleas in law and main arguments                                         the Commission.
Article 249 EC (formerly Article 189 of the EC Treaty), in
accordance with which a directive is binding, as to the result          (1) OJ L 299 of 23 November 1996, p. 26.
to be achieved, upon each Member State to which it is
addressed, requires those Member States to comply with the
time-limits for implementation laid down in the directive. The