Case C-119/03: Action brought on 18 March 2003 by the Commission of the European Communities against the French Republic
Date: 2003-05-10
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, economic relations, national implementing measure, public sector

10.5.2003

EN

Official Journal of the European Union

C 112/17

Pleas in law and main arguments

Action brought on 17 March 2003 by the Commission of
the European Communities against the Federal Republic
of Germany

France was required to transpose and apply the provision
referred to in the application with effect from 1 January 2000.
It appears from the replies submitted of the French authorities
that, with the exception of numbers which are free of
charge (‘freephone numbers’) and of shared-cost numbers, the
remaining non-geographic numbers are not covered by the
measures which have been established.

( 1) Directive 97/33/EC of the European Parliament and of the Council
of 30 June 1997 on interconnection in Telecommunications with
regard to ensuring universal service and interoperability through
application of the principles of Open Network Provision (ONP)
— OJ L 199, 26.7.1997, p. 32.

( 2) OJ L 268, 3.10.1998, p. 37.

Reference for a preliminary ruling by the Tribunale di
Genova — Prima sezione civile by order of that Court of
10 March 2003 in the civil proceedings brought by
Eco Eridania S.r.l. against Ministero dell’Ambiente and
Presidenza del Consiglio dei Ministri

(Case C-115/03)

(2003/C 112/28)

Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Genova
— Prima sezione civile (Genoa District Court, First Civil
Chamber) of 10 March 2003, received at the Court Registry
on 17 March 2003,
for a preliminary ruling in the civil
proceedings brought by Eco Eridania S.r.l. against Ministero
dell’Ambiente and Presidenza del Consiglio dei Ministri on the
following question:

Does the obligation under Article 4 of Directive 91/689/
EEC (1) apply to all producers of hazardous waste (including
dental surgeons’ practices) or merely to producers of hazardous
waste whose business is organised in the form of an undertak-
ing or institution?

( 1) OJ L 377 of 31.12.1991, p. 20.

(Case C-118/03)

(2003/C 112/29)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 17 March 2003 by the Commission of the European
Communities, represented by Ulrich Wölker, legal advisor, and
Hans Støvlbæk, of its legal service, with an address for service
in Luxembourg.

The applicant claims that the Court should:

1. Declare that by failing to adopt the laws, regulations
and administrative provisions necessary to implement
Commission Directive 2000/37/EC (1) of 5 June 2000
amending Chapter VIa ‘Pharmacovigilance’ of Council
Directive 81/851/EEC on the approximation of the laws
of the Member States relating to veterinary medicinal
products or by failing to inform the Commission of those
provisions, the Federal Republic of Germany has failed to
fulfil its obligations under that directive;

2. Order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The period for implementing the directive expired on 5 Decem-
ber 2001.

(1) OJ L 139, 10.6.2000, p. 25.

Action brought on 18 March 2003 by the Commission of
the European Communities against the French Republic

(Case C-119/03)

(2003/C 112/30)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 18 March
2003 by the Commission of the European Communities,
represented by G. Rozet, acting as Agent, with an address for
service in Luxembourg.

C 112/18

EN

Official Journal of the European Union

10.5.2003

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

Action brought on 19 March 2003 by the Commission of
the European Communities against the French Republic

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2000/52/EC of 26 July 2000 on
the transparency of financial relations between Member
States and public undertakings as well as on financial
transparency within certain undertakings (1) or, in any
event, by failing to notify them to the Commission,
France has failed to fulfil
its obligations under that
directive;

— order France to pay the costs.

Pleas in law and main arguments

(Case C-122/03)

(2003/C 112/32)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 19 March
2003 by the Commission of the European Communities,
represented by H. Støvlbæk and B. Stromsky, acting as Agents,
with an address for service in Luxembourg.

The period prescribed for transposition expired on 31 January
2001.

The applicant claims that the Court should:

( 1) OJ L 193 of 29 July 2002, p. 78.

Action brought on 18 March 2003 by the Commission of
the European Communities against the Kingdom of Spain

(Case C-120/03)

(2003/C 112/31)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 18 March
2003 by the Commission of the European Communities,
represented by K. Banks and J.L. Buendía Sierra, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. 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 or, in any event, by failing to communicate
them to the Commission, the Kingdom of Spain has
failed to fulfil its obligations under that directive;

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

Pleas in law and main arguments

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

( 1) OJEC L 289 of 28 October 1998, p. 28.

1. Declare that, by imposing, pursuant to Article R. 5142-
15 of the Public Health Code, on traders importing or
distributing in France medicinal products which are
already covered by a marketing authorisation for the
French or Community market the requirement that they
submit, at the request of the monitoring authorities,
either a certified copy issued by the French agency for
health products sanitary safety (FAHPSS) of the French
marketing authorisation or of the registration of the
medicinal product, or a document issued by the FAHPSS
attesting to the fact that the imported medicinal product
has obtained a marketing authorisation issued by the
European Community, the French Republic has failed to
fulfil its obligations under Article 28 of the EC Treaty;

2. Order the French Republic to pay the costs.

Pleas in law and main arguments

So far as concerns the importation into France of pharmaceuti-
cal products already covered by a marketing authorisation for
the French or Community market, Article R. 5142-15 of the
Public Health Code requires the submission at the request of
customs officers of either a certified copy of the marketing
authorisation or of the registration of the medicinal product
or a document attesting to the fact that the imported medicinal
product has obtained a marketing authorisation issued by the
European Community, each of those documents being issued
by the FAHPSS.

The effects of that provision on traders wishing to import and
distribute pharmaceutical products in France may be resumed
as follows: (i) formalities, costs and the time entailed by the
granting procedure are imposed on traders which they are
obliged to bear, on pain of sanctions, throughout its term; (ii)
those same traders are obliged to be constantly in possession
of documents which could be potentially numerous and
voluminous.