Case C-139/03: Action brought on 27 March 2003 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2003-05-24
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, approximation of laws, pharmaceutical product

C 124/12

EN

Official Journal of the European Union

24.5.2003

Such national
legislation also infringes Article 2(1)(a)(i) of
Directive 2000/13/EC, according to which the labelling and
methods used must not be such as could mislead the purchaser,
particularly as to the characteristics of the foodstuff and, in
particular, as to its nature, identity, properties, composition,
quantity, durability, origin or provenance, method of manufac-
ture or production.

( 1) OJ 1991 L 198, p. 1.
( 2) Council Regulation (EC) No 1935/95 of 22 June 1995 amending
Regulation (EEC) No 2092/91 on organic production of agricul-
tural products and indications referring thereto on agricultural
products and foodstuffs OJ 1995 L 186, p. 1.

( 3) Council Regulation (EC) No 1804/1999 of 19 July 1999 sup-
plementing Regulation (EEC) No 2092/91 on organic production
of agricultural products and indications referring thereto on
agricultural products and foodstuffs to include livestock pro-
duction OJ 1999 L 222, p. 1.

( 4) OJ 2000 L 109, p. 29.

Action brought on 27 March 2003 by the Commission of
the European Communities against the Federal Republic
of Germany

(Case C-139/03)

(2003/C 124/19)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 27 March 2003 by the Commission of the European
Communities, represented by Josef Christian Schieferer and
Hans Støvlbæk, of its Legal Service, with an address for service
in Luxembourg.

The applicant claims that the Court should:

1.

the necessary laws,
declare that, by failing to adopt
regulations and administrative provisions to implement
Commission Directive 2000/38/EC (1) of 5 June 2000
amending Chapter Va (Pharmacovigilance) of Council
Directive 75/319/EEC on the approximation of pro-
visions laid down by law, regulation or administrative
action relating to medicinal products and/or to notify the
Commission of those provisions, the Federal Republic of
Germany has failed to fulfil its obligations under the
directive;

2.

order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The time-limit for implementing the directive expired on
5 December 2001.

(1) OJ L 139 of 10.6.2000, p. 28.

Action brought on 28 March 2003 by the Commission
of the European Communities against the Kingdom of
Sweden

(Case C-141/03)

(2003/C 124/20)

An action against the Kingdom of Sweden was brought before
the Court of Justice of the European Communities on 28 March
2003 by the Commission of the European Communities,
represented by P. Hellström and J.M. Flett, acting as Agents,
with an address for service in Luxembourg.

The Commission claims that the Court should:

— Declare that by failing to adopt the laws and other
provisions necessary to implement Commission Directive
2000/52/EC (1) of 26 July 2000 amending Directive 80/
723/EEC (2) on the transparency of financial relations
between Member States and public undertakings or, in
any event, by failing to inform the Commission thereof,
the Kingdom of Sweden has failed to fulfil its obligations
under the directive, and

— Order the Kingdom of Sweden to pay the costs.

Pleas in law and principal arguments

The period prescribed for implementing the directive ended
on 31 July 2001.

(1) OJ L 193, 29.7.2000, p. 75.
(2) OJ L 195, 29.7.1980, p. 35.