CELEX: C1999/086/06
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT (Fourth Chamber) of 21 January 1999 in Case C-416/97: Commission of the European Communities v. Italian Republic (Failure of Member State to fulfil its obligations - Directives 93/119/EC, 94/42/EC, 94/16/EC and 93/118/EC - Non-transposition within the prescribed time-limits)

27.3.1999             EN                  Official Journal of the European Communities                                       C 86/3
to adopt the laws, regulations or administrative provisions          declaration that, by failing to adopt and/or communicate,
necessary to comply fully and properly with Council                  within the prescribed period, all the measures necessary to
Directive 85/337/EEC of 27 June 1985 on the assessment               comply with Article 6 of Council Directive 91/157/EEC of
of the effects of certain public and private projects on the         18 March 1991 on batteries and accumulators containing
environment (OJ L 175, 5.7.1985, p. 40), the Portuguese              certain dangerous substances (OJ L 78, 26.3.1991, p. 38),
Republic has failed to fulfil its obligations under the third        the Kingdom of Belgium has failed to fulfil its obligations
paragraph of Article 189 of the EC Treaty and Article 12             under that article Ð the Court (Fifth Chamber), composed
of that directive Ð the Court (Fifth Chamber), composed              of: J.-P. Puissochet, President of the Chamber, P. Jann, J. C.
of: J.-P. Puissochet, President of the Chamber, J. C.                Mointinho de Almeida, C. Gulmann (Rapporteur) and
Moitinho de Almeida, C. Gulmann, L. Sevón (Rapporteur)               D. A. O. Edward, Judges; G. Cosmas, Advocate-General;
and M. Wathelet, Judges; J. Mischo, Advocate-General; R.             L. Hewlett, Administrator, for the Registrar, gave a
Grass, Registrar, has given a judgment on 21 January                 judgment on 21 January 1999, in which it:
1999, in which it:
1. Declares that, by adopting a transitional provision by            1. Declares that, by failing to adopt, within the
     virtue of which national legislation transposing                     prescribed period, all the measures necessary to
     Council Directive 85/337/EEC of 27 June 1985 on the                  comply with Article 6 of Council Directive
     assessment of the effects of certain public and private              91/157/EEC of 18 March 1991 on batteries and
     projects on the environment, adopted after 3 July                    accumulators containing certain dangerous substances,
     1988, the deadline for transposition, is not applicable              the Kingdom of Belgium has failed to fulfil its
     to projects in respect of which the consent procedure                obligations under that article.
     had been initiated before the entry into force of the
     national law transposing that directive but after 3 July
     1988, the Portuguese Republic has failed to fulfil its
     obligations under that directive.                               2. Orders the Kingdom of Belgium to pay the costs.
2. Orders the Portuguese Republic to pay the costs.                  (1) OJ C 357, 22.11.1997.
(1) OJ C 181, 14.6.1997.
                                                                                    JUDGMENT OF THE COURT
               JUDGMENT OF THE COURT                                                        (Fourth Chamber)
                       (Fifth Chamber)                                                     of 21 January 1999
                     of 21 January 1999                              in    Case    C-416/97: Commission of the            European
in    Case   C-347/97: Commission of the European                                  Communities v. Italian Republic (1)
           Communities v. Kingdom of Belgium (1)
                                                                     (Failure of Member State to fulfil its obligations Ð
(Failure of a Member State to fulfil its obligations Ð               Directives 93/119/EC, 94/42/EC, 94/16/EC and
Directive 91/157/EEC on batteries and accumulators                   93/118/EC Ð Non-transposition within the prescribed
containing certain dangerous substances Ð Failure by a                                         time-limits)
Member State to adopt programmes provided for in
                  Article 6 of the Directive)                                                (1999/C 86/06)
                        (1999/C 86/05)
                                                                                     (Language of the case: Italian)
                (Language of the case: French)
  (Provisional translation; the definitive translation will be         (Provisional translation; the definitive translation will be
          published in the European Court Reports)                             published in the European Court Reports)
In Case C-347/97: Commission of the European
Communities (Agent: Götz zur Hausen) v. Kingdom of                   In Case C-416/97: Commission of the European
Belgium (Agent: Annie Snoecx) Ð application for a                    Communities (Agent: Francesco P. Ruggeri Laderchi) v.
 ---pagebreak--- C 86/4                EN                 Official Journal of the European Communities                                    27.3.1999
Italian Republic (Agent: Umberto Leanza, assisted by Ivo                          JUDGMENT OF THE COURT
M. Braguglia)
                                                                                          (Second Chamber)
                                                                                         of 28 January 1999
Ð     application for a declaration that, by failing to adopt,
     within the prescribed time-limits, the laws, regulations       in Case C-181/96 (reference for a preliminary ruling from
     and administrative provisions necessary to comply              the Bundesverwaltungsgericht): Georg Wilkens v. Land-
     with                                                                         wirtschaftskammer Hannover (1)
                                                                    (Additional milk levy Ð Special reference quantity Ð
Ð Council Directive 93/119/EC of 22 December 1993 on                Non-marketing       and      conversion      undertaking     Ð
     the protection of animals at the time of slaughter or          Obligations Ð Failure to fulfil Ð Withdrawal of the
     killing (OJ L 340, 31.12.1993, p. 21)                          conversion premium Ð Retroactive annulment of a quota
                                                                                              allocation)
Ð Council Directive 94/42/EC of 27 July 1994 amending                                       (1999/C 86/07)
     Directive 64/432/EEC on health problems affecting
     intra-Community trade in bovine animals and swine
     (OJ L 201, 4.8.1994, p. 26)                                                  (Language of the case: German)
Ð Commission Directive 94/16/EC of 22 April 1994
     amending Council Directive 74/63/EEC on undesirable              (Provisional translation; the definitive translation will be
     substances and products in animal nutrition (OJ L 104,                  published in the European Court Reports)
     23.4.1994, p. 32), and
                                                                    In Case C-181/96: reference to the Court under Article 177
Ð Council Directive 93/118/EC of 22 December 1993                   of the EC Treaty from the Bundesverwaltungsgericht for a
     amending Directive 85/73/EEC on the financing of               preliminary ruling in the proceedings pending before that
     health inspections and controls of fresh meat and              court between Georg Wilkens and Landwirtschaftskammer
     poultry meat (OJ L 340, 31.12.1993, p. 15)                     Hannover, third party: Oberbundesanwalt beim Bundes-
                                                                    verwaltungsgericht Ð on the interpretation and validity of
                                                                    the second subparagraph of Article 3a(1) of Council
or in any event by failing to notify such provisions to the         Regulation (EEC) No 857/84 of 31 March 1984 adopting
Commission, the Italian Republic has failed to fulfil its           general rules for the application of the levy referred to in
obligations under those directives Ð the Court (Fourth              Article 5c of Regulation (EEC) No 804/68 in the milk and
Chamber), composed of: P. J. G. Kapteyn, President of the           milk products sector (OJ L 90, 1.4.1984, p. 13), as
Chamber, J. L. Murray and H. Ragnemalm (Rapporteur),                amended by Council Regulation (EEC) No 1639/91 (OJ
Judges; J. Mischo, Advocate-General; R. Grass, Registrar,           L 150, 15.6.1991, p. 35), Ð the Court (Second Chamber),
gave a judgment on 21 January 1999, in which it declared            composed of: G. Hirsch (Rapporteur), President of the
that:                                                               Chamber, G. F. Mancini and R. Schintgen, Judges; P. LeÂger,
                                                                    Advocate-General; H. A. Rühl, Principal Administrator,
                                                                    for the Registrar, has given a judgment on 28 January
1. By failing to adopt, within the prescribed time-limits,
                                                                    1999, in which it has ruled:
     the laws, regulations and administrative provisions
     necessary to comply with
                                                                    The second subparagraph of Article 3a(1) of Council
     Ð Council Directive 94/42/EC of 27 July 1994                   Regulation (EEC) No 857/84 of 31 March 1984 adopting
          amending Directive 64/432/EEC on health                   general rules for the application of the levy referred to in
          problems affecting intra-Community trade in               Article 5c of Regulation (EEC) No 804/68 in the milk and
          bovine animals and swine, and                             milk products sector, as amended by Council Regulation
                                                                    (EEC) No 1639/91 of 13 June 1991, is to be interpreted
     Ð Council Directive 93/118/EC of 22 December                   as meaning that a producer who has had entitlement to
          1993 amending Directive 85/73/EEC on the                  the non-marketing or conversion premium granted under
          financing of health inspections and controls of           Council Regulation (EEC) No 1078/77 of 17 May 1977
          fresh meat and poultry meat,                              introducing a system of premiums for the non-marketing
                                                                    of milk and milk products and for the conversion of dairy
                                                                    herds withdrawn as a result of an alleged failure to
     the Italian Republic has failed to fulfil its obligations      comply with his undertaking not to market milk or milk
     under those directives.                                        products is to receive a special reference quantity in due
                                                                    proportion to his compliance with and performance of
                                                                    that undertaking.
2. The Italian Republic is ordered to pay the costs.
(1) OJ C 41, 7.2.1998.                                              (1) OJ C 210, 20.7.1996.