CELEX: C2000/135/09
Language: en
Date: 2000-05-13 00:00:00
Title: Case C-68/00: Action brought on 29 February 2000 by the Commission of the European Communities against Ireland

13.5.2000             EN                      Official Journal of the European Communities                                        C 135/5
 Must there be a reduction in the amount of aid under the                The Commission therefore submits that the Italian Republic
second sentence of Article 10(2) even where the discrepancy              has failed to fulfil its obligations under Article 11 of Directive
laid down as a prerequisite in the first sentence thereof between        75/442/EEC, as amended by Directive 91/156/EEC, and under
the number of animals declared and that found during checks              Article 3 of Directive 91/689/EEC.
is attributable not to incorrect information given by the aid
applicant but to the fact that in regard to individual animals
the authority does not accept that the criteria for the grant of         (1) OJ L 377 of 31.12.1991, p. 20.
                                                                         (2) OJ L 194 of 25.7.1975, p. 39.
premiums are met?
                                                                         (3) OJ L 78 of 26.3.1991, p. 32.
(1) OJ L 391 of 31.12.1992, p. 36.
(2) OJ L 156 of 7.7.1995, p. 27.
                                                                         Action brought on 29 February 2000 by the Commission
                                                                                 of the European Communities against Ireland
Action brought on 25 February 2000 by the Commission                                                (Case C-68/00)
of the European Communities against the Italian Republic
                                                                                                   (2000/C 135/09)
                         (Case C-65/00)
                                                                         An action against Ireland was brought before the Court of
                        (2000/C 135/08)                                  Justice of the European Communities on 29 February 2000 by
                                                                         the Commission of the European Communities, represented
                                                                         by Mr Michael Shotter, a member of its Legal Service, acting as
An action against the Italian Republic was brought before the            agent, with an address for service at the office of Mr Carlos
Court of Justice of the European Communities on 25 February              Gómez de la Cruz, a member of its Legal Service, at the
2000 by the Commission of the European Communities,                      Wagner Centre, Kirchberg, Luxembourg.
represented by Lena Ström of its Legal Service, and Giacinto
Bisogni, an appeal court judge on secondment to that service,
                                                                         The Applicant claims that the Court should:
acting as Agents, with an address for service in Luxembourg at
the office of Carlos Gómez de la Cruz, Wagner Centre,
                                                                         — declare that by failing to adopt the laws, regulations
Kirchberg.
                                                                              or administrative provisions necessary to comply with
                                                                              Directive 97/60/EC (1) of the European Parliament and of
The applicant claims that the Court should:                                   the Council of 27 October 1997 amending for the third
                                                                              time Directive 88/344/EEC (2) on the approximation of the
— Declare that, by exempting undertakings and establish-                      laws of the Member States on extraction solvents used in
    ments which carry out hazardous waste recovery oper-                      the production of foodstuffs and food ingredients or, in
    ations covered by Directive 91/689/EEC (1) from the need                  any event, by failing to inform the Commission of those
    for authorisation provided for by Article 10 of Directive                 measures, Ireland has failed to fulfil its obligations under
    75/442/EEC, as amended by Directive 91/156/EEC, with-                     that Directive; and,
    out making such exemption conditional upon satisfaction
    of the requirements laid down by Article 3(2), first                 — order Ireland to pay the costs.
    and second indents, of Directive 91/689/EEC, the Italian
    Republic has failed to fulfil its obligations under Article 11
    of Directive 75/442/EEC (2), as amended by Directive                 Pleas in law and main arguments
    91/156/EEC (3), and under Article 3 of Directive
    91/689/EEC;                                                          Article 249 EC (ex Article 189 of the EC Treaty) under which
                                                                         a directive shall be binding as to the result to be achieved,
— Order the Italian Republic to pay the costs of the proceed-            upon each Member State, carries by implication an obligation
    ings.                                                                on the Member States to observe the period for compliance
                                                                         laid down in the directive. That period expired on 27 October
                                                                         1998 without Ireland having enacted the provisions necessary
Pleas in law and main arguments                                          to comply with the directive referred to in the conclusions of
                                                                         the Commission.
The simplified procedures for establishments or undertakings
which recover the hazardous waste covered by Directive
                                                                         (1) OJ L 331 of 3.12.1997, p. 7.
91/689/EEC remain subject solely to the requirements laid                (2) Council Directive 88/344/EC of 13 June 1988, OJ L 157 of
down by the Ministerial Decrees of 5 September 1994 and 16                   24.6.1988, p. 28.
January 1995, which do not stipulate the requirements
provided for by Article 3(2), first and second indents, of
Directive 91/689/EEC.