CELEX: C1995/286/15
Language: en
Date: 1995-10-28 00:00:00
Title: Action brought on 25 September 1995 by the Commission of the European Communities against the Italian Republic (Case C-302/95)

28 . 10 . 95          1 EN 1                Official Journal of the European Communities                                  No C 286/7
     regulations and administrative provisions of the                  upon each Member State to which it is addressed, Member
     Member States with regard to liability for defective              States are required to observe the time limits laid down in
     products ('), and in particular Article 7 ( e ) thereof, the      directives for their transposition . That time limit expired on
     United Kingdom has failed to fulfil its obligations under         30 June 1993 without the Italian Republic having brought
     the Directive and under the EC Treaty;                            into force the necessary provisions in order to comply with
                                                                       the Directive referred to in the Commission 's application .
2 . order the United Kingdom to pay the costs .
                                                                       (') OJ No L 135 , 30 . 5 . 1991 , p . 40 .
Pleas in law and main arguments adduced in support:
Article 7 ( e ) of the Directive seeks to resolve the question as
to who must bear the risk of developments in the state of
scientific and technical knowledge in relation to the
possibility of discovering the defect. The test in Article 7 ( e )
is objective whereas that in Section 4 ( 1 ) ( e ) of Part I of the
Consumer Protection Act 1987, by which the United                      Action brought on 25 September 1995 by the Commission
Kingdom sought to implement the Directive, is subjective .                   of the European Communities against the Italian
The United Kingdom has thereby converted the strict                                                   Republic
liability imposed by Article 1 of the Directive into mere                                         Case C-303/95 )
liability for negligence .                                                                        ( 95/C 286/ 16 )
(') OJ No L 210 , 7 . 8 . 1985 , p . 29 .
                                                                       An action against the Italian Republic was brought before
                                                                       the Court of Justice of the European Communities on
                                                                       25 September 1995 by the Commission of the European
                                                                       Communities, represented by Laura Pignataro and Maria
                                                                       Condou Durande, of its Legal Service, acting as Agents, with
                                                                       an address for service in Luxembourg at the office of Carlos
                                                                       Gomez de la Cruz, of its Legal Service, Wagner Centre ,
Action brought on 25 September 1995 by the Commission                  Kirchberg.
      of the European Communities against the Italian
                              Republic
                                                                       The applicant claims that the Court should :
                         ( Case C-302/95 )
                           ( 95/C 286/15 )                             1 . declare that, by failing to adopt or, in any event, notify
                                                                            the laws, regulations or administrative provisions
An action against the Italian Republic was brought before                   necessary to comply with Council Directive 91 /1 57/EEC
the Court of Justice of the European Communities on                         of 18 March 1991 (') on batteries and accumulators
25 September 1995 by the Commission of the European                         containing certain dangerous substances, the Italian
Communities, represented by Laura Pignataro and                             Republic has failed to fulfil its obligations under that
Dominique Maidani of its Legal Service, acting as Agents,                   Directive and the EC Treaty;
with an address for service in Luxembourg at the office of
Carlos Gomez de la Cruz, of its Legal Service, Wagner                  2 . order the Italian Republic to pay the costs .
Centre, Kirchberg.
                                                                       Pleas in law and main arguments adduced in support:
The applicant claims that the Court should:
                                                                       Under Article 189 of the EC Treaty, according to which a
 1 . declare that, by failing to adopt or, in any event, notify        directive is to be binding, as to the result to be achieved ,
     the laws , regulations or administrative provisions               upon each Member State to which it is addressed , Member
     necessary to comply with Council Directive 91 /271/EEC            States are required to observe the time limits laid down in
     of 21 May 1991 ( 5 ) concerning urban waste water                 directives for their transposition . That time limit expired on
     treatment, the Italian Republic has failed to fulfill its          18 September 1992 without the Italian Republic having
     obligations under that Directive and the EC Treaty;               brought into force the necessary provisions in order to
                                                                       comply with the Directive referred to in the Commission's
2 . order the Italian Republic to pay the costs .                      application .
 Pleas in law and main arguments adduced in support:                    (') OJ No L 78 , 26 . 3 . 1991 , p . 38 .
 Under Article 189 of the EC Treaty, according to which a
 directive is to be binding, as to the result to be achieved,