Case C-350/02: Action brought on 1 October 2002 by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2002-12-21
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, data processing, disclosure of information, national implementing measure, personal data, protection of privacy, telecommunications

21.12.2002

EN

Official Journal of the European Communities

C 323/25

Action brought on 1 October 2002 by the Commission
of the European Communities against the Kingdom of the
Netherlands

Reference for a preliminary ruling by the Korkein hallin-
to-oikeus by order of that Court of 10 October 2002 in
the case of Marie Lindfors

(Case C-350/02)

(2002/C 323/35)

(Case C-365/02)

(2002/C 323/36)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities
on 1 October 2002 by the Commission of the European
Communities, represented by M. Shotter and W. Wils, acting
as Agents.

The applicant claims that the Court should:

1. Declare that, by failing to adopt all the laws, regulations
and administrative provisions required to transpose
Articles 6 and 9 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
into national law, or in any event by failing to forward
those provisions to the Commission, the Kingdom of the
Netherlands has failed to fulfil its Treaty obligations;

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

Pleas in law and main arguments

Incomplete transposition of Article 6 of Directive 97/66/EC:
in particular Article 11.5 of
the Netherlands legislation,
the Telecommunicatiewet (Telecommunications Law), requires
only that the traffic data referred to in the secondary law be
erased or made anonymous. This provision will be in accord-
ance with the Directive only if the relevant secondary legis-
lation contains an exhaustive citation of all traffic data apart
from those referred to in Article 6(2) and (3) of the Directive.
The Commission has not as yet received any notification of
provisions of secondary legislation with such an exhaustive
citation.

Article 9(a) of the Directive (tracing of malicious or nuisance
calls) has not been transposed, as the Netherlands authorities
have acknowledged.

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

Reference has been made to the Court of
Justice of the
European Communities by order of the Korkein hallinto-
oikeus (Supreme Administrative Court) of 10 October 2002,
received at the Court Registry on 14 October 2002, for a
preliminary ruling in the case of Marie Lindfors on the
following question:

Is Article 1 of Directive 83/183/EEC on tax exemptions
applicable to permanent imports from a Member State of the
personal property of individuals (1) to be interpreted as mean-
ing that the autovero (car tax) charged under the Autoverolaki
on a vehicle imported into Finland from another Member State
in connection with a transfer of residence is a consumption
tax within the meaning of Article 1(1) of the directive, or is
such autovero a specific duty or tax connected with the use of
such property within the country within the meaning of
Article 1(2)?

(1) OJ L 105 of 23 April 1983, p. 64.

Action brought on 28 October 2002 by the Commission
of the European Communities against the Italian Republic

(Case C-385/02)

(2002/C 323/37)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 28 October
2002 by the Commission of the European Communities,
represented by Klaus Wiedner and Roberto Amorosi, acting as
Agents.

The applicant claims that the Court should:

— Declare that the Italian Republic has failed to fulfil its
obligations under Council Directive 93/37/EEC (1) of
14 June 1993 concerning the coordination of procedures
for the award of public works contracts, in particular
Article 7(3) thereof, when the Magistrato per il Po di
Parma, a department of the Ministry of Public Works
(now the Ministry for Infrastructure and Transport),
awarded the contracts for work on the construction and
completion of an expansion basin to hold spate waters of
the River Parma in the area of Marano in the Parma