Important legal notice

62001C0323

European Court reports 2002 Page I-04711

Opinion of the Advocate-General

The applicant claims that Italy has not amended its national legislation within the prescribed period and has failed to inform it of the adoption of any implementing measures.

I - Directive 98/101

II - Background to the case

5. In its defence to the application, submitted on 23 November 2001, the defendant State stated that the interministerial decree implementing Directive 98/101 into national law had been drafted, that it would be approved before the end of that month and that its text would be communicated to the Commission so that it could determine whether it was technically correct. It accepted that it was implementing the Directive late but pointed out that this had not been to the detriment of environmental protection in the Community. It was confident that, once it had eliminated the technical difficulties in this area, the Commission would decide to discontinue the proceedings.

6. In fact, in March 2002, the Commission gave no indication that it wished to discontinue its action. Moreover, it is settled case-law that the subject-matter of an action brought under Article 226 EC is determined by the Commission's reasoned opinion, and even when the default has been remedied after the expiry of the time-limit prescribed by the second paragraph of that article, there is still an interest in pursuing the action in order to establish the basis of liability which a Member State may incur towards those whose rights could be affected.

7. Under the third paragraph of Article 249 EC, a directive is binding as to the result to be achieved upon each Member State to which it is addressed but leaves to the national authorities the choice of form and methods. Under Article 10 EC, Member States are to take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of the Treaty or resulting from action taken by the institutions of the Community.

III - Conclusion

(1) declare that the Italian Republic has failed to fulfil its obligations under the first paragraph of Article 2 of Commission Directive 98/101/EC of 22 December 1998 adapting to technical progress Council Directive 91/157/EEC on batteries and accumulators containing certain dangerous substances by not incorporating its provisions in its domestic law before 1 January 2000;

(2) order Italy to pay the costs.