Case C-63/03: Action brought on 14 February 2003 by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2003-04-05
Institutions: Court of Justice
Subjects: European Commission, Netherlands, 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 83/13

Does national legislation (Decree-Law No 324 of 10 September
1998, unconverted, and Article 43(7) of Law No 448 of
23 December 1998) which, by setting aside the ordinary law
that permits continuation of the employment relationship,
allows an undertaking (Ferrovie dello Stato SpA) to dismiss its
older employees — thereby creating a situation in which the
undertaking can save on labour costs (salaries and insurance
obligations), with an immediate resulting burden to the State
in the form of reduced contribution revenue and the payment
of pensions to dismissed workers — fall within the concept of
aid that is incompatible with the common market within the
meaning of Article 87 of the Treaty?

Action brought on 14 February 2003 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-65/03)

(2003/C 83/23)

Action brought on 14 February 2003 by the Commission
of the European Communities against the Kingdom of the
Netherlands

(Case C-63/03)

(2003/C 83/22)

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

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 (1) of the European
Parliament and of the Council of 13 October 1998 on
the legal protection of designs, or in any event by failing
to forward those provisions to the Commission, the
Kingdom of
its
obligations under that directive;

the Netherlands has failed to fulfil

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

Pleas in law and main arguments

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

( 1) Directive 98/71/EC of the European Parliament and of the Council
of 13 October 1998 on the legal protection of designs (OJ 1998
L 289, p. 28).

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

The applicant claims that the Court should:

— declare that, by not adopting the measures necessary to
ensure that holders of secondary education qualifications
obtained in the other Member States may be admitted
to higher education organised by the Belgian French-
speaking Community on the same terms as holders of
the CESS (certificat d’enseignement secondaire supérieur),
the Kingdom of Belgium has failed to fulfil its obligations
under Articles 12, 149 and 150 EC.

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The Belgian authorities in question require holders of diplomas
and qualifications attesting to the completion of secondary
studies in other Member States (with the exception of the
Grand-Duchy of Luxembourg), who are nationals of other
Member States and who wish to be admitted to higher
education in Belgium, to sit and pass an aptitude test unless,
by way of an additional requirement,
they are able to
demonstrate that they have been granted admission in their
country of origin to the desired university faculty without an
entrance examination or other form of restriction of admission.
The Commission considers that this practice is discriminatory
and contrary to the articles cited in the above claims.