CELEX: C2000/176/24
Language: en
Date: 2000-06-24 00:00:00
Title: Case C-148/00: Action brought on 18 April 2000 by the Commission of the European Communities against the Italian Republic

C 176/14                EN                     Official Journal of the European Communities                                    24.6.2000
— By having ceased, with effect from the 1995 bathing                         (b) Council Directive 97/76/EC of 16 December 1997 (2)
     season, measuring the ‘total coliform’ parameter, despite it                  amending Directive 77/99/EEC and Directive
     still being part of the applicable Community legislation                      72/462/EEC with regard to the rules applicable to
     concerning bathing water quality, the French authorities                      minced meat, meat preparations and certain other
     have infringed a clear obligation incumbent upon them                         products of animal origin;
     under Articles 3, 4, 5 and 6 of the directive. The technical
     arguments deployed by the said authorities to justify
     their choice cannot justify, by themselves, the unilateral               (c) Commission Directive 98/51/EC of 9 July 1998 (3)
     abandonment of a clear and incontestable obligation under                     laying down certain measures for implementing
     Community law. Article 7 of the directive offers Member                       Council Directive 95/69/EC laying down the con-
     States the possibility of taking stricter measures than those                 ditions and arrangements for approving and registering
     provided for; measuring additional parameters would thus                      certain establishments and intermediaries operating in
     be in conformity with the requirements of the directive.                      the animal feed sector;
     The same cannot be said for the replacement of a
     mandatory with a non-mandatory parameter or for the                      and by failing to communicate such provisions, it has
     abandonment of one of the mandatory parameters.                          failed to fulfil its obligations under those directives and
                                                                              under the Treaty.
     Finally, the Commission points out that the unilateral
     abandonment of a parameter also affects the results
     included in the annual report on the bathing waters of the           2. order the Italian Republic to pay the costs.
     European Union by removing one factor for comparison.
     That situation moreover is unhelpful and confuses the
     person in the street as well as the media which report on
     water quality on the basis of that source.                           Pleas in law and main arguments
(1) Council Directive 76/160/EEC of 8 December 1975 concerning            Article 189 of the EC Treaty (now Article 249 EC), under
    the quality of bathing water (OJ 1976 L 31, p. 1).                    which a directive is binding, as to the result to be achieved,
                                                                          upon the Member State to which it is addressed, entails an
                                                                          obligation on Member States to adhere to the time-limits for
                                                                          transposition laid down by a directive. Those time-limits
                                                                          expired without the Italian Republic’s having enacted the
                                                                          provisions necessary to comply with the directives cited by the
                                                                          Commission in its application.
Action brought on 18 April 2000 by the Commission of
  the European Communities against the Italian Republic                   (1) OJ 1997 L 184, p. 33.
                                                                          (2) OJ 1998 L 10, p. 25.
                                                                          (3) OJ 1998 L 208, p. 43.
                          (Case C-148/00)
                          (2000/C 176/24)
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 18 April
2000 by the Commission of the European Communities,
represented by Stefania Dragone and Francesco P. Ruggeri
Laderchi, of its Legal Service, acting as Agents, with an address
for service in Luxembourg at the office of Carlos Gómez de la            Action brought on 19 April 2000 by the Commission of
Cruz, Wagner Centre, Kirchberg.                                            the European Communities against the French Republic
The applicant claims that the Court should:                                                        (Case C-152/00)
1. declare that, by failing to adopt the laws, regulations and
                                                                                                   (2000/C 176/25)
     administrative provisions necessary to comply with
     (a) Council Directive 97/41/EC of 25 June 1997 (1)                   An action against the French Republic was brought before the
          amending Directives 76/895/EEC, 86/362/EEC,                     Court of Justice of the European Communities on 19 April
          86/363/EEC and 90/642/EEC relating to the fixing of             2000 by the Commission of the European Communities,
          maximum levels for pesticide residues in and on,                represented by Léna Ström and Jean-Francis Pasuier, Legal
          respectively, fruit and vegetables, cereals, foodstuffs of      Advisers, acting as Agents, with an address for service in
          animal origin, and certain products of plant origin,            Luxembourg at the office of Carlos Gómez de la Cruz, of its
          including fruit and vegetables;                                 Legal Service, Wagner Centre, Kirchberg.