Judgment of the Court (Second Chamber) of 28 November 2002 in Case C-414/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to implement Directive 97/7/EC)
Date: 2003-01-25
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, consumer protection, distance selling

25.1.2003

EN

Official Journal of the European Communities

C 19/9

JUDGMENT OF THE COURT

ORDER OF THE COURT

(Second Chamber)

of 28 November 2002

in Case C-414/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Failure
to implement Directive 97/7/EC)

(2003/C 19/16)

(Language of the case: Spanish)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-414/01, Commission of the European Communities
(Agent: I. Martínez del Peral) v Kingdom of Spain (Agent:
S. Ortiz Vaamonde): Application for a declaration that, by
the laws, regulations and administrative
failing to adopt
provisions necessary to comply with Directive 97/7/EC of the
European Parliament and of the Council of 20 May 1997 on
the protection of consumers in respect of distance contracts
(OJ 1997 L 144, p. 19), or, in any event, by failing to inform
the Commission of such provisions, the Kingdom of Spain has
its obligations under Article 15(1) of that
failed to fulfil
directive,
composed of:
the Chamber, V. Skouris and
R. Schintgen, President of
Judges; C. Stix-Hackl, Advocate
N. Colneric (Rapporteur),
General; R. Grass, Registrar, has given a judgment on 28 No-
vember 2002, in which it:

(Second Chamber),

the Court

1. Declares that by failing to adopt within the prescribed period
the laws, regulations and administrative provisions necessary to
comply with Directive 97/7/EC of the European Parliament
and of the Council of 20 May 1997 on the protection of
consumers in respect of distance contracts the Kingdom of Spain
has failed to fulfil its obligations under Article 15(1) of that
directive;

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

( 1) OJ C 348 of 8.12.2001.

(Fourth Chamber)

of 19 September 2002

in Case C-267/01 (reference for a preliminary ruling from
the Oberste Gerichtshof): Jaroslav Nyvlt v Flughafen Wien
AG (1)

(Article 104(3) of the Rules of Procedure — Answer to a
question admitting of no reasonable doubt — Article 3 of
Regulation (EEC) No 3922/91 — Harmonisation of techni-
cal requirements and administrative procedures in the field
of civil aviation — Paragraph 35 of Code 145 of the Joint
Aviation Requirements)

(2003/C 19/17)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-267/01: reference to the Court under Article 234
EC from the Oberste Gerichtshof (Austria) for a preliminary
ruling in the proceedings pending before that court between
Jaroslav Nyvlt and Flughafen Wien AG — on the interpretation
of Paragraph 35 of Code 145 of the Joint Aviation Require-
ments, applicable to the Community by virtue of Article 3 of
Council Regulation (EEC) No 3922/91 of 16 December
1991 on the harmonisation of technical requirements and
administrative procedures in the field of civil aviation (OJ
1991 L 373, p. 4), as amended by Commission Regulation
(EEC) No 2176/96 of 13 November 1996 (OJ 1996 L 291,
p. 15) — the Court (Fourth Chamber), composed of: S. von
Bahr, President of the Chamber, D.A.O. Edward and A. La
Pergola (Rapporteur), Judges; A. Tizzano, Advocate General;
R. Grass, Registrar, has made an order on 19 September 2002,
in which it has ruled:

1. Where a worker authorised to certify aircraft fit for service is
placed by his employer at
the disposal of an approved
maintenance organisation, the obligations flowing from Para-
graph 35 of Code 145 of the Joint Aviation Requirements,
applicable in the Community by virtue of Article 3 of Directive
1999/42/EC of the European Parliament and of the Council
of 7 June 1999 establishing a mechanism for the recognition of
qualifications in respect of the professional Council Regulation
(EEC) No 3922/91 of 16 December 1991 on the harmon-
ization of technical requirements and administrative procedures
in the field of civil aviation, as amended by Commission
Regulation No 2176/96 of 13 November 1996, apply to
such an approved maintenance organisation.

2. Without prejudice to the fulfilment of the obligations placed
upon an approved maintenance organisation by Paragraph 35
of Code 145 of the abovementioned Joint Aviation Require-
ments, that provision does not preclude that, on the basis of
national provisions which are more extensive, the existence is
acknowledged of an obligation incumbent on an employer, not
being an approved maintenance organisation, to furnish to a