Case C-56/03: Action brought on 12 February 2003 by the Commission of the European Communities against the Grand-Duchy of Luxembourg
Date: 2003-04-05
Institutions: Court of Justice
Subjects: Luxembourg, 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 83/11

Action brought on 11 February 2003 by the Commission
of the European Communities against the Kingdom of
Spain

Action brought on 12 February 2003 by the Commission
of the European Communities against the Grand-Duchy
of Luxembourg

(Case C-55/03)

(2003/C 83/17)

(Case C-56/03)

(2003/C 83/18)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 11 Febru-
ary 2003 by the Commission of the European Communities,
represented by Maria Patakia, Legal Adviser, and Marina
Valverde López, a member of the auxiliary staff of its Legal
Service, with an address for service in Luxembourg.

An action against the Grand-Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 12 February 2003 by the Commission of the European
Communities, represented by Karen Banks, acting as Agent,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to implement Council Directives
89/48/EEC of 21 December 1988 (1) and 92/51/EEC of
18 June 1992 (2) on a second general system for the
recognition of professional education and training to
supplement Directive 89/48/EEC in connection with the
profession of air traffic controller in the civil sector, the
Kingdom of Spain has failed to fulfil its obligations under
the EC Treaty;

— Order the defendant to pay the costs.

Pleas in law and main arguments

Council Directives 89/48/EEC and 92/51/EEC apply, not to
diplomas awarded on completion of academic education but
rather to diplomas awarded on completion of education and
training at the end of which the holder of such a diploma is
fully qualified to practise a given profession. In consequence,
it is not the diploma giving access to training as an air traffic
controller which must be recognised in accordance with those
directives, but the final diploma giving access to the profession
of air traffic controller in the civil sector. Having regard to the
provisions of Royal Decree 3/1998, the Commission considers
that that profession is regulated in Spain for the purposes of
Article 1(d) of Directive 89/48/EEC and the settled case-law of
the Court of Justice.

The Member States are required to transpose directives into
their national
legal order. The fact that there exists a law
approved by Eurocontrol does not relieve Spain of that
obligation.

( 1) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least
three years’ duration (OJ L 19 of 24 January 1989, p. 16).

( 2) Council Directive 92/51/EEC of 18 June 1992 on a second general
system for the recognition of professional education and training
to supplement Directive 89/48/EEC (OJ L 209 of 24 July 1992,
p. 25).

The Commission of the European Communities claims that
the Court should:

— 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), or in any event by failing to
inform the Commission of those provisions, the Grand-
Duchy of Luxembourg has failed to fulfil its obligations
under Article 19 of that directive;

— Order the Grand-Duchy of Luxembourg to pay the costs

of the proceedings.

Pleas in law and main arguments

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

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

Action brought on 12 February 2003 by the Commission
of the European Communities against the Italian Republic

(Case C-57/03)

(2003/C 83/19)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 12 February
2003 by the Commission of the European Communities,
represented by Antonio Aresu, acting as Agent.