Case C-283/02: Action brought on 25 July 2002 by the Italian Republic against the Commission of the European Communities
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Italy, action for annulment (EU), common agricultural policy, competition policy, implementing Regulation, viticulture

28.9.2002

EN

Official Journal of the European Communities

C 233/17

(England & Wales) (Civil Division) dated 5 July 2002, which
was received at the Court Registry on 31 July 2002, for
a preliminary ruling in the case of Andrew Owusu and
1) N. B. Jackson (trading as Villa Holidays Bal-Inn Villas),
2) Mammee Bay Resorts Ltd, 3) Mammee Bay Club Ltd, 4) The
Enchanted Garden Resorts & Spa Ltd, 5) Consulting Services
Ltd, 6) Town & Country Resorts Ltd, on the following
questions:

(1)

Is it inconsistent with the Brussels Convention on Jurisdic-
tion and the Enforcement of Judgments 1968, where a
Claimant contends that
jurisdiction is founded on
Article 2, for a court of a Contracting State to exercise a
discretionary power, available under its national law, to
decline to hear proceedings brought against a person
domiciled in that State in favour of the courts of a non-
Contracting State:

(a)

(b)

the jurisdiction of no other Contracting State

if
under the 1968 Convention is in issue;

if the proceedings have no other connecting factors
to any other Contracting State?

(2)

If the answer to question (1)(a) or (1)(b)
is it
consistent in all the circumstances or only in some and if
so in which?

is yes,

Pleas in law and main arguments

The Italian Government claims that, by adopting the contested
implementing regulation,
the Commission has, de iure,
accorded limited and inconsistent protection to ‘traditional
terms’, in particular to Italian ‘traditional terms’, contrary to
the guiding principles of the rules in the sector, as clarified in
the preamble to Council Regulation (EC) No 1493/1999 (2).
This has not only prejudiced the efforts directed towards the
reclassification of Community produce, but also the interests
of producers and consumers, as recognised by the Treaty, the
protection of which constitutes the purpose of the common
agricultural policy and of free competition.

(1) OJ 2002 L 118, p. 1. Commission Regulation (EC) No 753/2002
of 29 April 2002 laying down certain rules for applying Council
Regulation (EC) No 1493/1999 as regards the description, desig-
nation, presentation and protection of certain wine sector prod-
ucts (OJ L 118, 4.5.2002, p. 1).

(2) OJ 1999 L 179, p. 1. Council Regulation (EC) No 1493/1999 of
17 May 1999 on the common organisation of the market in wine.

Action brought on 9 August 2002 by the Kingdom of
Spain against the Commission of the European Communi-
ties

Action brought on 25 July 2002 by the Italian Republic
against the Commission of the European Communities

(Case C-287/02)

(2002/C 233/28)

(Case C-283/02)

(2002/C 233/27)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 25 July 2002 by the Italian Republic,
represented by U. Leanza, acting as Agent and M. Fiorilli,
avvocato dello Stato.

The applicant claims that the Court should:

— annul Article 24 and, to the extent of the complaints
advanced to that effect, Annexes A and B of Commission
Regulation (EC) No 753/2002 (1) of 29 April 2002.

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 9 August 2002 by the Kingdom of Spain
represented by Lourdes Fraguas Gadea, Abogada del Estado,
with an address for service in Luxembourg at the Spanish
Embassy, 4 - 6 Boulevard Emmanuel Servais.

The applicant claims that the Court should:

— annul the contested decision (1) as regards the financial
corrections imposed on the Kingdom of Spain and
contested by this action;

— order the Commission to pay the costs.