CELEX: C2000/211/07
Language: en
Date: 2000-07-22 00:00:00
Title: Case C-54/00: Action brought on 21 February 2000 by the Commission of the European Communities against the Italian Republic

C 211/4                  EN                       Official Journal of the European Communities                                      22.7.2000
1. Declares that, by maintaining in force the combined provisions            declaration that by maintaining in force Real Decreto
     of Article L. 310-8 and Article A. 310-1 of the Insurance Code,         157/1988, por el que se establece la normativa a que deben
     which provide that insurance or capitalisation undertakings             ajustarse las denominaciones de origen y las denominaciones
     which market for the first time in France a standard form contract      de origen calificadas de vinos y sus respectivos Reglamentos
     of insurance must systematically send the Minister for Economic         (Royal Decree No 157/88 laying down the rules governing
     and Financial Affairs an information sheet containing infor-            designations of origin and controlled designations of origin
     mation on the general conditions of insurance policies, the French      for wines and regulations implementing it, BOE No 47 of
     Republic has failed to fulfil its obligations under Articles 6, 29      24 February 1988, p. 5864)) and in particular Article 19(1)(b)
     and 39 of Council Directive 92/49/EEC of 18 June 1992 on the            thereof, the Kingdom of Spain has failed to fulfil its obligations
     coordination of laws, regulations and administrative provisions         under Article 34 of the EC Treaty (now, after amendment,
     relating to direct insurance other than life assurance and              Article 29 EC), as interpreted by the Court of Justice of the
     amending Directives 73/239/EEC and 88/357/EEC (third non-               European Communities in its judgment of 9 June 1992 in
     life insurance directive) and Articles 5, 29 and 39 of Council          Case C-47/90 Delhaize v Promalvin [1992] ECR I-3669, and
     Directive 92/96/EEC of 10 November 1992 on the coordi-                  Article 5 of the EC Treaty (now Article 10 EC — the Court,
     nation of laws, regulations and administrative provisions relating      composed of G.C. Rodrı́guez Iglesias, President, J.C. Moitinho
     to direct life assurance and amending Directives 79/267/EEC             de Almeida, D.A.O. Edward, L. Sevón, R. Schintgen (Presidents
     and 90/619/EEC (third life assurance directive);                        of Chambers), C. Gulmann (Rapporteur), J.-P. Puissochet,
                                                                             G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet, Judges,
2. Orders the French Republic to pay the costs.                              Advocate General: A. Saggio, D. Louterman-Hubeau, Principal
                                                                             Administrator, for the Registrar, gave a judgment on 16 May
                                                                             2000, in which it:
(1) OJ C 299 of 26.9.1998.
                                                                             1. Dismisses the action;
                                                                             2. Orders the Kingdom of Belgium and the Kingdom of Spain to
                                                                                 bear their own costs;
                   JUDGMENT OF THE COURT
                                                                             3. Orders the Kingdom of Denmark, the Italian        Republic, the
                                                                                 Kingdom of the Netherlands, the Portuguese       Republic, the
                           of 12 May 2000
                                                                                 Republic of Finland, the United Kingdom of       Great Britain
                                                                                 and Northern Ireland and the Commission of       the European
in Case C-388/95: Kingdom of Belgium v Kingdom of                                Communities to bear their own costs.
                                Spain (1)
(Article 34 of the EC Treaty (now, after amendment,
                                                                             (1) OJ C 46 of 14.2.1996.
Article 29 EC) — Regulation (EEC) No 823/87 — Quality
wines produced in a specified region — Designations of
origin — Obligation to bottle in the region of production —
Justification — Consequences of an earlier judgment giving
a preliminary ruling — Article 5 of the EC Treaty (now
                            Article 10 EC))
                           (2000/C 211/06)
                     (Language of the case: Spanish)                         Action brought on 21 February 2000 by the Commission
                                                                             of the European Communities against the Italian Republic
(Provisional translation: the definitive translation will be published
                in the Reports of Cases before the Court)                                               (Case C-54/00)
In Case C-388/95, Kingdom of Belgium (Agent: J. Devadder),
supported by Kingdom of Denmark (Agent: P. Biering), the                                               (2000/C 211/07)
Kingdom of the Netherlands (Agents: M. Fierstra and J. van
den Oosterkamp), the Republic of Finland (Agents: H. Rotkirch,
T. Pynna and K. Castrén) and by the United Kingdom of Great                  An action against the Italian Republic was brought before the
Britain and Northern Ireland (Agent: S. Ridley, assisted by                  Court of Justice of the European Communities on 21 February
E. Sharpston), v Kingdom of Spain (R. Silva de la Puerta),                   2000 by the Commission of the European Communities,
supported by the Italian Republic (Agent: Professor U. Leanza,               represented by Richard Wainwright, of its Legal Service, and
assisted by I. M. Braguglia), the Portuguese Republic (Agents:               Giacinto Bisogni, appeal court judge on secondment to the
L. Fernandes, Â. Cortesão Seiça Neves and L. Bigotte Chorão)              Legal Service, acting as Agents, with an address for service in
and the Commission of the European Communities (Agents:                      Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
J.L. Iglesias Buhigues and H. van Lier) — application for a                  Centre, Kirchberg.
 ---pagebreak--- 22.7.2000               EN                    Official Journal of the European Communities                                        C 211/5
The applicant claims that the Court should:                              — Order the Italian Republic to pay the costs.
— Declare that, by failing to adopt or, in any event, to
    communicate to the Commission, within the prescribed                 Pleas in law and main arguments
    period the laws, regulations and administrative provisions
    necessary to comply with European Parliament and
    Council Directive 97/52/EC of 13 October 1997 amending               Under Article 249 of the EC Treaty, according to which a
    Directives 92/50/EEC, 93/36/EEC and 93/37/EEC concern-               directive is to be binding, as to the result to be achieved, upon
    ing the coordination of procedures for the award of public           each Member State to which it is addressed, Member States are
    service contracts, public supply contracts and public works          required to observe the time-limits laid down in directives for
    contracts respectively (1), the Italian Republic has failed to       their transposition. That time-limit expired on 1 July 1998
    fulfil its obligations under that directive; and                     without the Italian Republic having brought into force the
                                                                         necessary provisions in order to comply with the directive
— Order the Italian Republic to pay the costs.                           referred to in the Commission’s application.
Pleas in law and main arguments                                          (1) OJ 1997 L 335, p. 15.
Under Article 249 of the EC Treaty, according to which a
directive is to be binding, as to the result to be achieved, upon
each Member State to which it is addressed, Member States are
required to observe the time-limits laid down in directives for
their transposition. That time-limit expired on 13 October
1998 without the Italian Republic having brought into force
the necessary provisions in order to comply with the directive           Action brought on 27 April 2000 by the Kingdom of the
referred to in the Commission’s application.                             Netherlands against the Commission of the European
                                                                                                   Communities
(1) OJ 1997 L 328, p. 1.
                                                                                                  (Case C-156/00)
                                                                                                  (2000/C 211/09)
                                                                         An action against the Commission of the European Communi-
Action brought on 22 February 2000 by the Commission                     ties was brought before the Court of Justice of the European
of the European Communities against the Italian Republic                 Communities on 27 April 2000 by the Kingdom of the
                                                                         Netherlands, represented by Marc Fierstra, Head of the Euro-
                                                                         pean Law Section in the Ministry of Foreign Affairs, The
                          (Case C-56/00)
                                                                         Hague, acting as Agent.
                         (2000/C 211/08)
                                                                         The applicant claims that the Court should:
An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 22 February              — Annul the Commission decision of 23 February 2000
2000 by the Commission of the European Communities,                           determining in a particular case that an application for
represented by Richard Wainwright, of its Legal Service, and                  remission of import duties in a specified amount is
Giacinto Bisogni, appeal court judge on secondment to the                     inadmissible and that the remission of import duties in a
Legal Service, acting as Agents, with an address for service in               separate amount is unjustified (file REM 23/99);
Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
Centre, Kirchberg.                                                       — Order the Commission to pay the costs.
The applicant claims that the Court should:
                                                                         Pleas in law and main arguments
— Declare that, by failing to adopt or, in any event, communi-
    cate to the Commission, within the prescribed period, the            — Infringement of Article 589 of Commission Regulation
    laws, regulations and administrative provisions necessary                 (EEC) No 2454/93 (1); in the alternative, infringement of
    to comply with Directive 97/63/EC of the European                         the obligation to state reasons laid down in Article 253 EC
    Parliament and of the Council of 24 November 1997                         in so far as the contested decision declared inadmissible
    amending Directives 76/116/EEC, 80/876/EEC, 89/284/                       that part of the application for remission which seeks
    EEC and 89/530/EEC on the approximation of the laws of                    to recover compensatory interest: Article 589(3), fifth
    the Member States relating to fertilizers (1), the Italian                subparagraph, of Regulation No 2454/93 provides that if
    Republic has failed to fulfil its obligations under that                  the Commission fails to raise an objection against acceding
    directive; and                                                            to the request within two months of the date of