Case C-352/01: Action brought on 19 September 2001 by the Commission of the European Communities against the Kingdom of Spain
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, chemical product, labelling, marketing

C 317/18

EN

Official Journal of the European Communities

10.11.2001

Pleas in law and main arguments

The pleas in law and main arguments are identical to those
submitted in Case C-323/01 (2); the period prescribed for
transposition expired on 14 March 2000.

Appeal brought on 19 September 2001 by Olli Mattila
against the judgment delivered on 12 July 2001 by the
Fifth Chamber of the Court of First Instance of the
European Communities in case T-204/99 (1) between Olli
Mattila and the Council of the European Union and the
Commission of the European Communities

(1) OJ 1998 L 77, p. 36.
(2) See page 12 of this Official Journal.

(Case C-353/01 P)

(2001/C 317/34)

Action brought on 19 September 2001 by the Com-
the
mission of

the European Communities against

Kingdom of Spain

(Case C-352/01)

(2001/C 317/33)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 19 Sep-
tember 2001 by the Commission of the European Communi-
ties represented by Gregorio Valero Jordana, acting as Agent,
with an address for service in Luxembourg at the office of
L. Escobar Guerrero, Wagner Centre C 254.

The applicant claims that the Court should:

1. Declare that by not having adopted the laws, regulations
and administrative provisions necessary to comply with
Directive 98/8/EC of the European Parliament and of the
Council of 16 February 1998 concerning the placing of
biocidal products on the market (1) or, in any event, not
having communicated those provisions to the Com-
mission, the Kingdom of Spain has failed to fulfil its
obligations under that directive.

2. Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those in
Case C-323/01 (2); the deadline for transposition expired on
13 May 2000.

(1) OJ L 123 of 24.4.1998, p. 63.
(2) See page 12 of this Official Journal.

An appeal against the judgment delivered on 12 July 2001 by
the Fifth Chamber of the Court of First Instance of the
European Communities in case T-204/99 between Olli Mattila
and the Council of the European Union and the Commission
of the European Communities, was brought before the Court
of Justice of the European Communities on 19 September
2001 by Olli Mattila, residing in Hyvinkää, Finland, represented
by Z. Sundström and M.R. Kauppi, Lawyers, with an address
for service in Luxembourg.

The Appellant claims that the Court should:

— annul the judgment of the Court of First Instance (Fifth

Chamber) of 12 July 2001;

— annul the decision of the Council and the Commission

which is the subject of the present appeal;

— invite the Council and the Commission to reconsider
their position and give access to the Appellant to the
requested documents;

— give access, at least partial access, to such documents after
cancelling or editing the sections which may justifiably
qualify as liable to prejudice the international relations of
the European Community;

— order jointly the Council and the Commission to pay the
costs incurred by the Appellant in these proceedings.

Pleas in law and main arguments

Instance
The Appellant contends that the Court of First
has incorrectly applied European Community Law, namely
93/731/EC of 20 December 1993(2) on public access to
Council documents and 94/90 ECSC, EC, Euratom of 8 Febru-
ary 1994 (3) on public access to Commission documents.

The pleas in support of the appeal are the following:

a. Manifest error of assessment in interpreting the exception
concerning the protection of international relations;