Case C-144/03: Action brought on 31 March 2003 by Commission of the European Communities against the Portuguese Republic
Date: 2003-05-24
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, financial control, public sector

24.5.2003

EN

Official Journal of the European Union

C 124/13

Action brought on 31 March 2003 by the Commission of
the European Communities against the Kingdom of Spain

The applicant claims that the Court should:

(Case C-142/03)

(2003/C 124/21)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 31 March
2003 by the Commission of the European Communities,
represented by Fernando Castillo de la Torre and Niels Bertil
Rasmusen, members of its Legal Service, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— declare that the Kingdom of Spain has infringed Article 91
of Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark (1) by having
failed to communicate to the Commission the list of
Community trade mark courts;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The Member States are under an obligation to designate,
within three years following entry into force of the regulation,
‘Community trade mark courts’ and to communicate to the
Commission their names and their territorial jurisdiction. That
information should have been communicated by 15 March
1997 at the latest.

( 1) OJ L 11 of 14.1.1994, p. 1.

Action brought on 31 March 2003 by Commission of the
European Communities against the Portuguese Republic

(Case C-144/03)

(2003/C 124/22)

— Declare that, by failing to adopt and bring into force the
laws, regulations and administrative provisions necessary
to comply with Commission Directive 2000/52/EC (1) of
26 July 2000 amending Directive 80/723/EEC on the
financial relations between Member
transparency of
States and public undertakings, the Portuguese Republic
has failed to fulfil
its obligations under Article 2 of
Directive 2000/52/EC;

— declare in any event that, by failing to communicate
forthwith those provisions to the Commission, the Portu-
guese Republic has failed to fulfil its obligations under
Article 2 of Directive 2000/52/EC;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of the directive
expired on 31 July 2001.

(1) OJ L 193 of 29 July 2000, p. 75.

the Court of First Instance of

Appeal brought on 31 March 2003 by Philip Morris
International, Inc., against the judgment delivered on
15 January 2003 by the Second Chamber (Extended
Composition) of
the
European Communities in joined cases T-377/00, T-379/
00, T-380/00, T-260/01 and T-272/01 between Philip
Morris International, Inc., R.J. Reynolds Tobacco Hold-
ings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco
Company, R.J. Reynolds Tobacco International Inc., and
Japan Tobacco, Inc., and Commission of the European
supported by European Parliament,
Communities,
Kingdom of Spain, French Republic, Italian Republic,
Portuguese Republic, Republic of Finland, Federal Repub-
the
lic of Germany, Hellenic Republic, Kingdom of

Netherlands

(Case C-146/03 P)

(2003/C 124/23)

An action against the Portuguese Republic was brought before
the Court of Justice of the European Communities on 31 March
2003 by the Commission of the European Communities,
represented by M. França and J. Flett, acting as Agents, with an
address for service in Luxembourg.

An appeal against the judgment delivered on 15 January 2003
by the Second Chamber (Extended Composition) of the Court
of First Instance of the European Communities in joined cases