Case C-442/02: Reference for a preliminary ruling by the Conseil d'État by order of that Court of 6 November 2002 in the case of Caixa Bank France against Ministère de l'économie, des finances et de l'industrie
Date: 2003-01-25
Institutions: Court of Justice
Subjects: bank, credit institution, economic analysis, interpretation of the law, provision of services, right of establishment

25.1.2003

EN

Official Journal of the European Communities

C 19/25

Pleas in law and main arguments

Pleas in law and main arguments

By inspecting 14,1 % (in 1999) and 12,2 % (in 2000) of vessels
which entered its ports, France has inspected an insufficient
number of vessels entering its ports. Lack of staff cannot justify
failure to fulfil obligations under Article 5(1) of Directive 95/
21/EC.

( 1) OJ Council Directive 95/21/EC of 19 June 1995 concerning the
enforcement, in respect of shipping using Community ports and
sailing in the waters under the jurisdiction of the Member States,
of international standards for ship safety, pollution prevention
and shipboard living and working conditions (port State control)
(OJ 1995 L 157, p. 1).

Under Article 249 of the EC Treaty, according to which a
directive is to be binding, as to the result to be achieved, upon
each Member State to which it is addressed, Member States are
required to observe the time-limits laid down in directives for
their transposition. That time-limit expired on 31 July 2001
without the Italian Republic having brought into force the
necessary provisions in order to comply with the directive
referred to in the Commission’s application.

(1) OJ 1999 L 201, p. 77.

Action brought on 3 December 2002 by the Commission
of the European Communities against the Italian Republic

Reference for a preliminary ruling by the Conseil d’État
by order of that Court of 6 November 2002 in the case of
Caixa Bank France against Ministère de l’économie, des
finances et de l’industrie

(Case C-440/02)

(2003/C 19/43)

(Case C-442/02)

(2003/C 19/44)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 3 December
2002 by the Commission of the European Communities,
represented by Maria Patakia and Claudio Loggi, acting as
Agents.

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
Directive 1999/42/EC (1) 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 activities covered by the Directives on liberal-
isation and transitional measures and supplementing the
general systems for the recognition of qualifications, or,
in any event, by failing to communicate them, the Italian
Republic has failed to fulfil its obligations under the
directive; and

— Order the Italian Republic to pay the costs.

Reference has been made to the Court of
Justice of the
European Communities by order of the Conseil d’État of
6 November 2002, received at the Court Registry on 5 Decem-
ber 2002, for a preliminary ruling in the case of Caixa Bank
France against Ministère de l’économie, des finances et de
l’industrie on the following questions:

1. As Directive 2000/12/EC of the European Parliament and
of the Council of 20 March 2000 (1) is silent on the point,
does the prohibition by a Member State of banking
institutions duly established in its territory from remuner-
ating sight accounts and other repayable funds constitute
an obstacle to freedom of establishment?

2.

If the answer to the first question is in the affirmative,
what kind of reasons of the public interest might in an
appropriate case be relied on to justify such an obstacle?

(1) Directive 2000/12/EC of the European Parliament and of the
Council of 20 March 2000 relating to the taking up and pursuit
of the business of credit institutions (OJ L 126 of 26.05.2000,
p. 1).