Case nº C-82/03 of Tribunal de Justicia, July 13, 2004 (case Comisión / Italia)

• Resolution Date: July 13, 2004
• Issuing Organization: Tribunal de Justicia
• Decision Number: C-82/03

JUDGMENT OF THE COURT (Second Chamber)
13 July 2004 (1)

(Failure of a Member State to fulfil obligations ? Article 10 EC ? Cooperation with the Community institutions ? Failure to forward information to the Commission)

In Case C-82/03,Commission of the European Communities, represented by A. Aresu, acting as Agent, with an address for service in Luxembourg,

applicant,

v

Italian Republic, represented by I.M. Braguglia, acting as Agent, assisted by A. Cingolo and P. Gentili, avvocati dello Stato, with an address for service in Luxembourg,

defendant,

APPLICATION for a declaration that, by failing genuinely to cooperate with the Commission in a case concerning the health and safety of workers, the Italian Republic has failed to fulfil its obligations under Article 10 EC,

THE COURT (Second Chamber),

composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann, J.N. Cunha Rodrigues, F. Macken and N. Colneric (Rapporteur), Judges,

Advocate General: M. Poiares Maduro,
Registrar: R. Grass,

having regard to the Report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the hearing on 1 April 2004,

gives the following

Judgment

1 By application lodged at the Court Registry on 25 February 2003, the Commission of the European Communities brought an action under Article 226 EC in which it seeks a declaration that, by failing genuinely to cooperate with the Commission in a case concerning the health and safety of workers, the Italian Republic has failed to fulfil its obligations under Article 10 EC.

2 Article 10 EC provides:

?Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community?s tasks.

They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.?

Pre-litigation procedure

3 In 2000 the Commission received a complaint from an economic operator concerning the application, within the Italian legal system, of Council Directive 89/655/EEC of 30 November 1989 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ 1989 L 393, p. 13). The complainant submitted that the safety requirements set out in points 2.5...