Case C-142/03: Action brought on 31 March 2003 by the Commission of the European Communities against the Kingdom of Spain
Date: 2003-06-21
Institutions: Court of Justice
Subjects: EU trade mark, European Commission, Spain, action for failure to fulfil an obligation, commercial court, industrial counterfeiting, territorial jurisdiction

21.6.2003

EN

Official Journal of the European Union

C 146/25

The applicant claims that the Court should:

Pleas in law and principal arguments

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.

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.

Pleas in law and main arguments

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

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

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

(Case C-142/03)

(2003/C 146/42)

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

(Case C-141/03)

(2003/C 146/41)

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.

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.