Case C-154/03: Action brought on 3 April 2003 by the Commission of the European Communities against Ireland
Date: 2003-05-24
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, pressure equipment

C 124/14

EN

Official Journal of the European Union

24.5.2003

International,

T-377/00 (1), T-379/00 (2), T-380/00 (2), T-260/01 (3) and
T-272/01 (4) between Philip Morris
Inc.,
R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp.,
R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco
International Inc., and Japan Tobacco, Inc., and Commission
of the European Communities, supported by European Parlia-
ment, Kingdom of Spain, French Republic, Italian Republic,
Portuguese Republic, Republic of Finland, Federal Republic of
Germany, Hellenic Republic, Kingdom of the Netherlands,
was brought before the Court of Justice of the European
Communities on 31 March 2003 by Philip Morris Inter-
national, Inc., established in Rye Brook, New York (United
States), represented by E. Morgan de Rivery and F. Marchini
Camia, lawyers.

The Appellant claims that the Court should:

— annul the judgment of the Court of First Instance of
15 January 2003 in joined cases T-377/00, T-379/00,
T-380/00, T-260/01 and T-272/01; and

— give final judgment on the issue of admissibility, pursuant
to Article 61 of the Protocol on the Statutes of the
Court of Justice, by declaring the Appellant’s actions for
annulment admissible and refer the case back to the
Court of First Instance for examination of the substance
of the case; or

— failing that, refer the case back to the Court of First
Instance for judgment on the admissibility issue and
subsequently and/or simultaneously on the substance of
the case; and

— order the Commission to pay the Appellant’s costs before
the Court of First Instance and the Court of Justice.

Pleas in law and main arguments

The Appellant contends that, in the contested judgment, the
Court of First Instance made the following errors of law:

1)

The Court of First Instance violated the concept of a
challengeable act under Article 230 EC by:

— considering that bringing proceedings on the basis
of the contested acts is comparable to bringing
proceedings under Article 226 EC;

— failing to consider that the contested acts produced
legal effects through the mere fact that they deprived
the Appellant of certain legal protections and advan-
tages within the Community legal order;

— considering that case C-345/00 P, FNAB, can be

applied to the instant case;

— failing to consider that the contested acts are open
to judicial review since they are manifestly illegal;
and finally

(quod non)

— as a first alternative, if the Court of First Instance’s
reasoning is correct
that only the
decision of the US District Court of the Eastern
district of New York produces legal effects, then the
Court of First Instance erred in law by considering,
notwithstanding the circumstances of the case, that
the contested acts cannot be reviewed under
Article 230 EC;

— as a second alternative, if the Court of First Instance’s
reasoning is correct (quod non) that it is not possible
to separately review a decision to initiate a law suit,
it should have joined the question of admissibility
to the substance.

The Court of First Instance contradicted itself on an
essential point of law.

The Court of First Instance violated Article 292 EC.

The Court of First Instance violated the right to effective
judicial protection.

2)

3)

4)

(1) OJ C 79, 10.3.2001, p. 23.
(2) OJ C 79, 10.3.2001, p. 24.
(3) OJ C 3, 5.1.2002, p. 39.
(4) OJ C 3, 5.1.2002, p. 45.

Action brought on 3 April 2003 by the Commission of
the European Communities against Ireland

(Case C-154/03)

(2003/C 124/24)

— considering that the admitted lack of competence to
adopt the contested acts and the subsequent creation
and exercise of such competence do not alter the
legal position of the parties to the case;

An action against Ireland was brought before the Court of
Justice of the European Communities on 3 April 2003 by the
Commission of the European Communities, represented by
Karen Banks, acting as agent, with an address for service in
Luxembourg.

24.5.2003

EN

Official Journal of the European Union

C 124/15

The Applicant claims that the Court should:

1)

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 1999/36/EC of 29 April 1999 on
transportable pressure equipment (1) and Commission
Directive 2001/2/EC of 4 January 2001 adapting the
latter directive to technical progress (2), or in any event
by failing to notify those provisions to it, Ireland has
failed to fulfil its obligations under the Directives;

2)

order Ireland to pay the costs of this action.

Pleas in law and main arguments

Article 249 EC, under which a directive shall be binding, as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 1 December 2000 and 1 July 2001 respectively
without Ireland having enacted the provisions necessary to
comply with the directives referred to in the conclusions of
the Commission.

( 1) OJ L 138, 1.6.1999, p. 20.
( 2) OJ L 005, 10.1.2001, p. 4.

Action brought on 8 April 2003 by the Kingdom of Spain
against Eurojust

(Case C-160/03)

(2003/C 124/25)

An action against Eurojust was brought before the Court of
Justice of the European Communities on 8 April 2003 by the
Kingdom of Spain, represented by L. Fraguas Gadea, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1.

annul, in the following calls for applications:

— call

for applications for the position of Data-
protection officer. Ref.: 03/EJ/07 (2003/C 34 A/01)
OJ C 34 A of 13.2.2003;

— call for applications for the position of Legal officer.
Ref.: 03/EJ/11 (2003/C 34 A/05) OJ C 34 A of
13.2.2003;

— call for applications for the position of Press officer.
Ref.: 03/EJ/13 (2003/C 34 A/07) OJ C 34 A of
13.2.2003;

— call for applications for the position of Secretary to
the General Administration. Ref.: 03/EJ/14 (2003/
C 34 A/08) OJ C 34 A of 13.2.2003;

— call for applications for the position of Librarian/
Archivist. Ref.: 03/EJ/12 (2003/C 34 A/06) OJ C 34
A of 13.2.2003;

— call for applications for the position of Accounting
officer. Ref.: 03/EJ/08 (2003/C 34 A/02) OJ C 34 A
of 13.2.2003;

— call for applications for the position of IT-informa-
tics expert (webmaster) of the European judicial
network. Ref.: 03/EJ/09 (2003/C 34 A/03) OJ C 34
A of 13.2.2003,

the paragraph referring to the documents to be submitted
in English by applicants submitting their application in
another language; and the paragraphs relating to the
linguistic knowledge required of candidates, from each of
the calls for applications set out below:

— in the call for applications for the position of Data-
‘Excellent
protection officer, as condition No 17:
knowledge of English and French. Ability to work in
other European Union languages would be an asset’.

— in the call for applications for the position of Law
officer, as condition No 19: ‘Excellent knowledge of
English and French. Ability to work in other Euro-
pean Union languages would be an asset’.

— in the call for applications for the position of Press
officer, as condition No 12: ‘Ability to speak at least
English and French. Knowledge of other official
European Union languages would be an asset’.

— in the call

for applications for the position of
Secretary to the General Administration, as con-
dition No 9: ‘Thorough knowledge of English and
French would be an asset, as well as a satisfactory
knowledge of other Community languages’.

— in the call for applications for the position of IT-
informatics expert (webmaster) of the European
judicial network, as condition No 6: ‘Good know-
ledge of English is essential; in particular, the ability
to speak at least two additional official European
Community languages, including French, would be
an asset’.

2.

order the defendant body to pay the costs.