Case C-118/03: Action brought on 17 March 2003 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2003-05-10
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, approximation of laws, national implementing measure, pharmaceutical legislation, veterinary drug

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.