CELEX: C2002/068/14
Language: en
Date: 2002-03-16 00:00:00
Title: Case C-17/02: Action brought on 28 January 2002 by the Commission of the European Communities against the Italian Republic

C 68/8                 EN                    Official Journal of the European Communities                                        16.3.2002
Action brought on 28 January 2002 by the Commission                     The applicant claims that the Court should:
of the European Communities against the Italian Republic
                                                                        —     Declare that, by not adopting the laws, regulations
                         (Case C-17/02)                                       and administrative provisions necessary to comply with
                                                                              Commission Directive 2000/71/EC to adapt the
                                                                              measuring methods as laid down in Annexes I, II, III and
                         (2002/C 68/14)                                       IV to Directive 98/70/EC of the European Parliament and
                                                                              of the Council to technical progress as foreseen in
                                                                              Article 10 of that Directive (OJ 2000 L 287, p. 46) or in
                                                                              any event by not notifying the same to the Commission,
An action against the Italian Republic was brought before the                 the Italian Republic has failed to fulfil its obligations
Court of Justice of the European Communities on 28 january                    under Article 2 of that directive;
2002 by the Commission of the European Communities,
represented by L. Pignatora and S. Rating, acting as Agents.            —     Order the Italian Republic to pay the costs.
The applicant claims that the Court should:
                                                                        Pleas in law and main arguments
—     Declare that, by not having notified the laws, regulations
      and administrative provisions necessary to comply with
      the provisions of Commission Directive 99/64/EC                   Article 249 EC, which provides that a directive is to be binding
      amending Commission Directive 90/388/EEC, or not                  as to the result to be achieved on each Member State to which
      having adopted the measures necessary to comply with              it is addressed, implies an obligation that the Member States
      the same, the Italian Republic has failed to fulfil its           comply with the time-limits for transposition prescribed by
      obligations under that directive;                                 directives. In the present case the prescribed period expired on
                                                                        1 January 2001 without the Italian Republic having adopted
—     Order the Italian Republic to pay the costs.                      the provisions necessary to comply with the directive referred
                                                                        to in the form of order sought by the Commission.
Pleas in law and main arguments
Article 249 EC, which provides that a directive is to be binding
as to the result to be achieved on each Member State to which           Action brought on 29 January 2002 by the Commission
it is addressed, implies an obligation that the Member States           of the European Communities against the Italian Republic
comply with the time-limits for transposition prescribed by
directives. In the present case the prescribed period expired on
30 April 2000 without the Italian Republic having adopted                                        (Case C-22/02)
the provisions necessary to comply with the directive referred
to in the form of order sought by the Commission.
                                                                                                 (2002/C 68/16)
                                                                        An action against the Italian Republic was brought before the
                                                                        Court of Justice of the European Communities on 29 January
                                                                        2002 by the Commission of the European Communities,
                                                                        represented by G. Valero Jordana and R. Amorosi, acting as
Action brought on 29 January 2002 by the Commission                     Agents.
of the European Communities against the Italian Republic
                         (Case C-21/02)                                 The applicant claims that the Court should:
                                                                        —     Declare that, by not adopting the laws, regulations
                         (2002/C 68/15)                                       and administrative provisions necessary to comply with
                                                                              Directive 1999/94/EC of the European Parliament and of
                                                                              the Council of 13 December 1999 relating to the
                                                                              availability of consumer information on fuel economy
An action against the Italian Republic was brought before the                 and CO2 emissions in respect of the marketing of new
Court of Justice of the European Communities on 29 January                    passenger cars (OJ 2000 L 12, p. 16) or in any event by
2002 by the Commission of the European Communities,                           not notifying the same to the Commission, the Italian
represented by G. Valero Jordana and R. Amorosi, acting as                    Republic has failed to fulfil its obligations under Article 12
Agents.                                                                       of that directive;