do-me/EUR-LEX huggingface dataset:
Case C-218/03: Action brought on 19 May 2003 by the Commission of the European Communities against the Hellenic Republic
Date: 2003-07-05
Institutions: Court of Justice
Subjects: European Commission, European social policy, Greece, action for failure to fulfil an obligation, equal treatment, proof, sexual discrimination

C 158/20

EN

Official Journal of the European Union

5.7.2003

Action brought on 19 May 2003 by the Commission of
the European Communities against the Hellenic Republic

Removal from the register of Case C-339/01 (1)

(2003/C 158/33)

(Case C-218/03)

(2003/C 158/32)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 19 May
2003 by the Commission of the European Communities,
represented by M. Patakia, Legal Adviser, and N. Yerrell, of the
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 97/80/EC (1) of 15 December 1997 on
the burden of proof in cases of discrimination based on
sex, or in any event by failing to communicate such
provisions, the Hellenic Republic has failed to fulfil its
obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-339/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Kurt Beck.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-343/01 (1)

(2003/C 158/34)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-343/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Christian Kröll.

Under the third paragraph of Article 249 of the Treaty
establishing the European Community, a directive is to be
binding, as to the result to be achieved, on each Member State
to which it is addressed.

(1) OJ C 3, 05.01.2002.

Under the first paragraph of Article 10 of the Treaty, Member
States are to take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out
of the Treaty or resulting from action taken by the institutions
of the Community.

The Hellenic Republic has not contested the fact that it must
take measures to comply with the above-mentioned directive.

The Commission has ascertained that the Hellenic Republic
has not as yet taken appropriate measures to incorporate the
directive in question fully into the Greek legal system.

Removal from the register of Case C-357/01 (1)

(2003/C 158/35)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-357/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Manfred Laaber.

( 1) OJ L 14, 20.1.1998, p. 6.

(1) OJ C 3, 05.01.2002.
Prior notification of a concentration (Case COMP/M.3150 — SNCF/Trenitalia/AFA) (Text with EEA relevance)
Date: 2003-07-05
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, provision of services, rail transport

C 157/4

EN

Official Journal of the European Union

5.7.2003

Prior notification of a concentration

(Case COMP/M.3150 — SNCF/Trenitalia/AFA)

(2003/C 157/03)

(Text with EEA relevance)

1.
On 30 June 2003 the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
Italy, controlled by Ferrovie dello Stato SpA, and SNCF
by which the undertakings Trenitalia SpA,
Participations, France, controlled by SNCF, acquire, within the meaning of Article 3(1)(b) of the Regulation,
joint control of an untertaking provisionally namend ‘Autoroute ferroviaire alpine’ by way of purchase of
shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

— Trenitalia: provision of railway services,

— SNCF: provision of railway services,

— ‘Autoroute ferroviaire alpine’:

introduction of a shuttle service for the transport of trucks on rail

through the tunnel Mont Cenis between Italy and France.

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.3150 — SNCF/Trenitalia/AFA, to:

European Commission,
Directorate-General for Competition,
Merger Registry,
J-70,
B-1049 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.
Removal from the register of Case C-339/01
Date: 2003-07-05
Institutions: Court of Justice
Subjects: advertising, consumer information, foodstuff, interpretation of the law, labelling, product quality

C 158/20

EN

Official Journal of the European Union

5.7.2003

Action brought on 19 May 2003 by the Commission of
the European Communities against the Hellenic Republic

Removal from the register of Case C-339/01 (1)

(2003/C 158/33)

(Case C-218/03)

(2003/C 158/32)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 19 May
2003 by the Commission of the European Communities,
represented by M. Patakia, Legal Adviser, and N. Yerrell, of the
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 97/80/EC (1) of 15 December 1997 on
the burden of proof in cases of discrimination based on
sex, or in any event by failing to communicate such
provisions, the Hellenic Republic has failed to fulfil its
obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-339/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Kurt Beck.

(1) OJ C 3, 05.01.2002.

Removal from the register of Case C-343/01 (1)

(2003/C 158/34)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-343/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Christian Kröll.

Under the third paragraph of Article 249 of the Treaty
establishing the European Community, a directive is to be
binding, as to the result to be achieved, on each Member State
to which it is addressed.

(1) OJ C 3, 05.01.2002.

Under the first paragraph of Article 10 of the Treaty, Member
States are to take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out
of the Treaty or resulting from action taken by the institutions
of the Community.

The Hellenic Republic has not contested the fact that it must
take measures to comply with the above-mentioned directive.

The Commission has ascertained that the Hellenic Republic
has not as yet taken appropriate measures to incorporate the
directive in question fully into the Greek legal system.

Removal from the register of Case C-357/01 (1)

(2003/C 158/35)

By order of 19 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-357/01 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat of the Land
Vorarlberg): Manfred Laaber.

( 1) OJ L 14, 20.1.1998, p. 6.

(1) OJ C 3, 05.01.2002.
Removal from the register of Case T-297/00
Date: 2003-07-05
Institutions: Court of First Instance
Subjects: EU customs procedure, European Commission, United States, action for annulment (EU), cotton, export, textile product, transit charge

C 158/28

EN

Official Journal of the European Union

5.7.2003

— Infringement of Directive 91/414 (2) and Regulation
No 3600/92 (3), in so far as the Commission requires that
each of the notifying parties submit a complete dossier
when presenting a notification collectively with other
notifiers of active substances and send such complete
dossier to the defendant within the time-limit referred to
in Article 6(1) of Regulation No 3600/92. It is also
contrary to that provision for the defendant institution to
assume that the applicant is not able to submit data
relating to the evaluation of metalaxyl. The applicant
company therefore takes the view that the contested
decision contradicts the interpretation made by the
Commission itself concerning use of the studies provided
by Syngenta in the drawing up of the report by the
rapporteur Member State.

— Infringement of the principle of proportionality. In this
regard, the applicant would point out, in particular, the
fact that the effect of the contested decision consists in
excluding it from the European market when its scientific
analysis has not even been completed.

— Misuse of powers, inasmuch as, in the applicant’s view,
the purpose of the Commission is none other than to
favour an undertaking which is its direct competitor.

( 1) OJ 2003 L 113, p. 8.
( 2) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ 1991
L 230, p. 1).

( 3) Commission Regulation (EEC) No 3600/92 of 11 December 1992
laying down the detailed rules for the implementation of the first
stage of the programme of work referred to in Article 8 (2) of
Council Directive 91/414/EEC concerning the placing of plant
protection products on the market (OJ 1992 L 366, p. 10).

Removal from the register of Case T-297/00 (1)

(2003/C 158/51)

(Language of the case: French)

By order of 2 April 2003 the President of the First Chamber,
Extended Composition, of the Court of First Instance of the
European Communities ordered the removal from the register
of Case T-297/00: Company Claude-Anne de Solène v Council
of the European Union and Commission of the European
Communities.

(1) OJ C 355, 09.12.2000.

Removal from the register of Case T-159/01 (1)

(2003/C 158/52)

(Language of the case: French)

By order of 31 March 2003 the Court of First Instance of the
European Communities (Sole Judge: R. M. Moura Ramos)
ordered the removal
from the register of Case T-159/01:
Christopher Wilkinson v Commission of the European Com-
munities.

(1) OJ C 275, 29.09.2001.