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28.3.

98 EN Official Journal of the European Communities C 94/3

JUDGMENT OF THE COURT JUDGMENT OF THE COURT


(Fifth Chamber) (Sixth Chamber)

of 12 February 1998 of 12 February 1998

in Case C-139/97: Commission of the European in Case C-144/97: Commission of the European
Communities v. Italian Republic (1) Communities v. French Republic (1)

(Failure to fulfil obligations Ð Failure to transpose (Failure of a Member State to fulfil its obligations Ð
Directive 94/2/EC) Directive 92/74/EEC)

(98/C 94/06)
(98/C 94/05)

(Language of the case: French)


(Language of the case: Italian)

(Provisional translation; the definitive translation will be


published in the European Court Reports)
(Provisional translation; the definitive translation will be
published in the European Court Reports)

In Case C-144/97: Commission of the European


Communities (Agents: Richard Wainwright and Jean-
In Case C-139/97: Commission of the European Francis Pasquier) v. French Republic (Agents: Kareen
Communities (Agent: Paolo Stancanelli, assisted by Rispal-Bellanger and FreÂdeÂric Pascal) Ð application for a
Massimo Merola) v. Italian Republic (Agent: Umberto declaration that, by not adopting the laws, regulations and
Leanza, assisted by Danilo Del Gaizo) Ð application for a administrative provisions necessary in order to comply
declaration that, by failing to adopt the laws, regulations with Council Directive 92/74/EEC of 22 September 1992
and administrative provisions necessary to comply with widening the scope of Directive 81/851/EEC on the
Commission Directive 94/2/EC of 21 January 1994 approximation of provisions laid down by law, regulation
implementing Council Directive 92/75/EEC with regard to or administrative action relating to veterinary medicinal
energy labelling of household electric refrigerators, products and laying down additional provisions on
freezers and their combinations (OJ L 45, 17.2.1994, p. 1), homeopathic veterinary medicinal products (OJ L 297,
or at least by failing to notify those provisions to the 13.10.1992, p. 12), the French Republic has failed to fulfil
Commission, the Italian Republic has failed to fulfil its its obligations under that Directive Ð the Court (Sixth
obligations under that Directive Ð the Court (Fifth Chamber), composed of: H. Ragnemalm, President of the
Chamber), composed of: C. Gulmann, President of the Chamber, G. F. Mancini, J. L. Murray (Rapporteur), G.
Chamber, D. A. O. Edward, J.-P. Puissochet, P. Jann Hirsch and K. M. Ioannou, Judges; G. Cosmas, Advocate-
(Rapporteur) and L. Sevón, Judges; S. Alber, Advocate- General; R. Grass, Registrar, has given a judgment on
General; R. Grass, Registrar, has given a judgment on 12 February 1998, in which it:
12 February 1998, in which it:

1. declares that, by not adopting within the prescribed


period the laws, regulations and administrative
1. declares that, by failing to adopt within the prescribed provisions necessary in order to comply with Council
period the laws, regulations and administrative Directive 92/74/EEC of 22 September 1992 widening
provisions necessary to comply with Commission the scope of Directive 81/851/EEC on the
Directive 94/2/EC of 21 January 1994 implementing approximation of provisions laid down by law,
Council Directive 92/75/EEC with regard to energy regulation or administrative action relating to
labelling of househould electric refrigerators, freezers veterinary medicinal products and laying down
and their combinations, the Italian Republic has failed additional provisions on homeopathic veterinary
to fulfil its obligations under Article 4 of that medicinal products, the French Republic has failed to
Directive; fulfil its obligations under the first subparagraph of
Article 10(1) thereof;

2. orders the Italian Republic to pay the costs.


2. orders the French Republic to pay the costs.

(1) OJ C 181, 14.6.1997.


(1) OJ C 166, 31.5.1997.