Case C-93/03: Action brought on 28 February 2003 by Commission of the European Communities against Portuguese Republic
Date: 2003-04-26
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, designs and models, industrial property, intellectual property, national implementing measure

C 101/26

EN

Official Journal of the European Union

26.4.2003

Article 1(3) thereof private-law undertakings fulfil-
ling the criteria referred to in the three indents of
the second subparagraph of Article 1(b) of each of
the abovementioned directives;

for civil uses (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 that
directive;

— by providing an absolute exclusion from the scope
of
the Public Contracts Law by Article 3(1)(c)
thereof for cooperation agreements between public
authorities and other public undertakings including,
therefore, agreements which are public contracts for
the purposes of the directives; and

— by permitting, in Article 141(a) and Article 182(a)
and (g) of the Public Contracts Law, the negotiated
procedure to be used in two cases which are not
provided for in the directives;

the Kingdom of Spain has failed to fulfil its obligations
under Community law;

— order the Grand-Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 30 June 1994.

(1) OJ L 121 of 15.5.1993, p. 20.

2.

order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

These are apparent from the form of order sought.

( 1) OJ L 199 of 9.8.1993, p. 1.
( 2) OJ L 199 of 9.8.1993, p. 54.

Action brought on 27 February 2003 by the Commission
of the European Communities against the Grand-Duchy
of Luxembourg

(Case C-89/03)

(2003/C 101/43)

An action against the Grand-Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 27 February 2003 by the Commission of the European
Communities, represented by L. Ström and B. Stromsky, acting
as Agents, with an address for service in Luxembourg.

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 Council Directive 93/15/EEC of 5 April
1993 on the harmonisation of the provisions relating to
the placing on the market and supervision of explosives

Action brought on 28 February 2003 by Commission of
the European Communities against Portuguese Republic

(Case C-93/03)

(2003/C 101/44)

An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities on
28 February 2003 by the Commission of
the European
Communities, represented by Karen Banks and Miguel França,
acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to adopt and 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 communicate those provisions to the Commission, the
Portuguese Republic has failed to fulfil its obligations
under Article 19 of that directive;

— order the Portuguese Republic 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 october 1998, p. 28.