Case C-268/02: Action brought on 23 July 2002 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2002-09-14
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, chemical product, environmental risk prevention, occupational health, occupational safety

14.9.2002

EN

Official Journal of the European Communities

C 219/7

6. What types of use can be considered, and in particular is
it necessary to show that the mark has been used in the
course of trade in the Member State concerned and in
further particular would importation by a single customer
into that Member State be sufficient?

7.

Is it necessary to disregard use occurring after the filing
of the application for revocation even for the purpose of
testing whether use during the relevant period was
genuine?

Pleas in law and main arguments

Article 249 EC, which provides that a directive is to be binding
as to the result to be achieved upon each Member State,
implies the obligation upon each Member State to observe the
time-limits for implementation laid down in directives. That
time-limit expired on 24 October 1998 without the Italian
Republic having issued the provisions necessary to comply
with Article 5 of the directive referred to in the Commission’s
claims.

( 1) To approximate the laws of the Member States relating to trade

marks (OJ L 40, 11.2.1989, p. 1).

(1) OJ 1998 L 24, p. 1.

Action brought on 23 July 2002 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-268/02)

(2002/C 219/12)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 23 July 2002 by the Commission of the European
Communities, represented by D. Martin, acting as Agent.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Council Directive 98/24/EC of 7 April 1998 on the
protection of the health and safety of workers from the
risks related to chemical agents at work (fourteenth
individual Directive within the meaning of Article 16(1)
of Directive 89/391/EEC) (1), the Grand Duchy of Luxem-
bourg has failed to fulfil
its obligations under that
directive; and

— Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition expired on 5 May
2001.

(1) OJ 1998 L 131, p. 11.

Action brought on 19 July 2002 by the Commission of
the European Communities against the Italian Republic

(Case C-267/02)

(2002/C 219/11)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 19 July
2002 by the Commission of the European Communities,
represented by M. Shotter and C. Loggi, acting as Agents.

The applicant claims that the Court should:

1. Declare that, by not adopting within the prescribed time-
limit, or in any event not notifying the laws, regulations
and administrative provisions necessary to comply with
Article 5 of Directive 97/66/EC (1) of
the European
Parliament and of the Council of 15 December 1997
concerning the processing of personal data and the
protection of privacy in the telecommunications sector,
the Italian Republic has failed to fulfil
its obligations
under Articles 5 and 15 of that directive;

2. Order the Italian Republic to pay the costs.