CELEX: C2002/289/27
Language: en
Date: 2002-11-23 00:00:00
Title: Case C-351/02: Action brought on 2 October 2002 by the Commission of the European Communities against the Hellenic Republic

C 289/16               EN                    Official Journal of the European Communities                                   23.11.2002
Action brought on 30 September 2002 by the Com-                         Action brought on 2 October 2002 by the Commission of
mission of the European Communities against the Italian                 the European Communities against the Hellenic Republic
                              Republic
                                                                                                 (Case C-351/02)
                         (Case C-349/02)
                                                                                                 (2002/C 289/27)
                         (2002/C 289/26)
An action against the Italian Republic was brought before the           An action against the Hellenic Republic was brought before
Court of Justice of the European Communities on 20 Septem-              the Court of Justice of the European Communities on 2 Octo-
ber 2002 by the Commission of the European Communities,                 ber 2002 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Roberto Amorosi,             represented by Minas Konstantinidis, of its Legal Service.
acting as Agent.
                                                                        The Commission claims that the Court should:
The applicant claims that the Court of Justice should:
                                                                        —     declare that, by failing to adopt, and in any event to
—     declare that, by failing to adopt the laws, regulations
                                                                              communicate, the laws, regulations and administrative
      and administrative provisions necessary to comply with                  provisions necessary to comply with Council Directive
      Directive 2000/14/EC ( 1) of the European Parliament and                1999/31/EC ( 1) of 26 April 1999 on the landfill of waste,
      of the Council of 8 May 2000 on the approximation of
                                                                              the Hellenic Republic has failed to fulfil its obligations
      the laws of the Member States relating to the noise                     under that directive;
      emission in the environment by equipment for use
      outdoors, the Italian Republic has failed to fulfil its
      obligations under Article 22 of that directive;
                                                                        —     order the Hellenic Republic to pay the costs.
—     order the Italian Republic to pay the costs.
                                                                        Pleas in law and main arguments
Pleas in law and main arguments
                                                                        The Member States are required by the binding character of
                                                                        the third paragraph of Article 249 EC and Article 10 EC to
Article 249 EC, by virtue of which directives are binding upon          adopt the measures needed to transpose directives into national
the Member States to which they are addressed, requires                 law before the expiry of the time-limit laid down for that
Member States to observe the time-limits for transposition laid         purpose and to communicate those measures immediately to
down in the directives. The period prescribed in this case              the Commission. That time-limit expired on 16 July 2001
expired on 3 July 2000 without the Italian Republic’s having            without the Hellenic Republic having notified to the Com-
promulgated the provisions necessary to comply with the                 mission the provisions transposing the directive in question
directive referred to in the forms of order sought by the               into national law.
Commission.
( 1) OJ L 162 of 3.7.2000, p. 1.                                        (1 ) OJ L 182 of 16.7.1999, p. 1.