Case C-71/03: Action brought on 18 February 2003 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2003-04-05
Institutions: Court of Justice
Subjects: Belgium, 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.