Case C-76/03: Action brought on 20 February 2003 by the Commission of the European Communities against the Republic of Austria
Date: 2003-04-05
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, designs and models, industrial property, intellectual property, national implementing measure

5.4.2003

EN

Official Journal of the European Union

C 83/15

Do Regulations (EEC) No 1079/77 (1) and No 1822/77 (2),
which establish a co-responsibility levy on cows’ milk, apply
to all transfers of cows’ milk from the producer to third parties,
regardless of the legal form which such transfers take, or
merely to transfers which result in the acquisition of title in
the product by the transferee?

( 1) OJ L 131 of 26.5.1977, p. 6.
( 2) OJ L 203 of 9.8.1977, p. 1.

Reference for a preliminary ruling by the Commissione
Tributaria Provinciale — di Massa Carrara, Sezione 2, by
order of that Court of 11 December 2002 in the case of
Carbonati Apuani s.r.l. against Comune di Carrara

(Case C-72/03)

(2003/C 83/28)

Action brought on 18 February 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-71/03)

(2003/C 83/27)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
18 February 2003 by the Commission of
the European
Communities, represented by Wouter Wils, acting as Agent,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 98/71/EC (1) of the European Parliament and of
the Council of 13 October 1998 on the legal protection
of designs and, in any event, by failing to communicate
them to the Commission, the Kingdom of Belgium has
failed to fulfil its obligations under that directive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of the directive
expired on 28 October 2001.

( 1) OJ L 289 of 28.10.1998, p. 28.

Justice of the
Reference has been made to the Court of
European Communities by order of the Commissione Tributa-
ria Provinciale — di Massa Carrara, Sezione 2 (Massa Carrara
Provincial Tax Court, Second Chamber) of 11 December 2002,
received at the Court Registry on 18 February 2003, for a
preliminary ruling in the case of Carbonati Apuani s.r.l. against
Comune di Carrara on the following question:

whether the Italian rules in question, Laws No 749 of 15 July
1911 and No 449 of 23 December 1997 and Decree-Law
No 8 of 26 January 1999 as converted, with amendments,
into Law No 75.99 — establishing a marble tax in the Comune
di Carrara — are compatible with Articles 23, 81, 85 and 86
of the EC Treaty as amended by the Treaty of Amsterdam,
ratified in Italy by Law No 209.1998.

Action brought on 20 February 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-76/03)

(2003/C 83/29)

An action against the Republic of Austria was brought
before the Court of Justice of the European Communities on
20 February 2003 by the Commission of
the European
Communities, represented by Claudia Schmidt, of the Euro-
pean Commission’s Legal Service, acting as Agent, with an
address for service in Luxembourg at the office of Luis Escobar
Guerrero, also of the European Commission’s Legal Service,
Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

1. Declare that, by failing to bring into force the laws,
regulations and administrative provisions necessary to
comply with Directive 98/71/EC of the European Parlia-
ment and of the Council of 13 October 1998 on the legal
protection of designs (1) and/or by failing to forward
those provisions to the Commission, the Republic of
Austria has failed to fulfil
its obligations under that
directive;

2. Order the Republic of Austria to pay the costs.

C 83/16

EN

Official Journal of the European Union

5.4.2003

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 28 October 2001.

le Strade v SCA RL CMC Cooperativa Muratori Cementisti
Ravenna, SpA ICLA Costruzioni Generali and SpA Impresa
Toto e Toto.

(1) OJ C 192 of 8.7.2000.

( 1) OJ 1998 L 289, p. 28.

Action brought on 21 February 2003 by the Commission
of the European Communities against the Kingdom of the
Netherlands

Removal from the register of Case C-337/00 (1)

(2003/C 83/32)

(Case C-80/03)

(2003/C 83/30)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
21 February 2003 by the Commission of the European
Communities, represented by W. Wils, acting as Agent.

The applicant claims that the Court should:

— Declare that, by failing to bring into force the laws,
regulations and administrative provisions necessary to
comply with Directive 1999/93/EC (1) of the European
Parliament and of the Council of 13 December 1999 on
a Community framework for electronic signatures, or in
any event by failing to inform the Commission of those
provisions, the Kingdom of the Netherlands has failed to
fulfil its obligations under that directive;

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

By order of 13 December 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-337/00: Federal Republic of
Germany v Commission of the European Communities.

(1) OJ C 316 of 4.11.2000.

Removal from the register of Case C-188/01 (1)

(2003/C 83/33)

By order of 12 December 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-188/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenats Salzburg):
Francisco Javier Gonzales Moreno.

Pleas in law and main arguments

(1) OJ C 200 of 14.7.2001.

The period within which the measures had to be adopted
expired on 19 July 2001.

( 1) OJ L 13 of 19.1.2000, p. 12.

Removal from the register of Case C-375/01 (1)

(2003/C 83/34)

Removal from the register of Case C-173/00 (1)

(2003/C 83/31)

By order of 15 January 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-375/01: Commission of the
European Communities v Ireland.

By order of 14 January 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-173/00 (Reference for a preliminary
ruling by the Consiglio di Stato): ANAS — Ente Nazionale per

(1) OJ C 348 of 8.12.2001.