Case C-222/03 P: Appeal brought on 21 May 2003 by Associazione Produttori Olivicoli Laziali (APOL) and Associazione Italiana Produttori Olivicoli (AIPO) against the judgment delivered on 6 March 2003 by the First Chamber of the Court of First Instance of the European Communities in Joined Cases T-61/00 and T-62/00 Associazione Produttori Olivicoli Laziali (APOL) and Associazione Italiana Produttori Olivicoli (AIPO) v Commission
Date: 2003-07-19
Institutions: Court of Justice
Subjects: European Commission, Italy, action for annulment (EU), balance of payments assistance, olive oil, producer organisation

19.7.2003

EN

Official Journal of the European Union

C 171/17

designated by the Flemish Region and is incomplete.
Finally,
the report on the Flemish Region does not
reproduce all the documents and information required by
Article 10 in conjunction with Annex V to the directive.

Produttori Olivicoli Laziali (APOL) and Associazione Italiana
Produttori Olivicoli (AIPO), represented by Emilio Cappelli,
Paolo De Caterini and Andrea Bandini, of the Rome Bar.

— The Walloon Region has infringed Articles 10(2) and 12
of the directive in that the procedure of defining waters
and subsequently designating vulnerable zones covers
only a part of its territory and was finished belatedly and
the designation of vulnerable zones remains insufficient
to date. In addition, the competent Walloon authority did
not take into account the pollution of coastal and marine
waters when identifying waters affected by pollution and
designating vulnerable zones, in breach of Article 3 of
the directive. It also infringed Article 5 of the directive,
since after it designated two vulnerable zones in its
territory the Walloon Region should have established
action programmes within the prescribed period, whereas
those programmes have not yet been adopted to date.

( 1) Council Directive 91/676/EEC of 12 December 1991 concerning
the protection of waters against pollution caused by nitrates from
agricultural sources (OJ L 375 of 21.12.1991, p. 1).

The appellants claim that the Court should:

— set aside the judgment of Court of First Instance (Second
Chamber) of 6 March 2003 in Joined Cases T-61/00 and
T-62/00.

Pleas in law and main arguments

The appellants allege that the judgment of the Court of First
Instance is vitiated on the following grounds:

— erroneous interpretation and misapplication of the prin-

ciple of force majeure;

— erroneous interpretation and misapplication of the prin-
ciple of proportionality and of Articles 9(1) and 17(2)(b)
of Regulation No 355/77; inadequate reasoning inasmuch
as it was manifestly illogical and contradictory;

— breach of the rights of the rights of the defence for failure

to fulfil the obligation to carry out an inquiry;

— failure to rule on whether a measure of inquiry was

appropriate.

Appeal brought on 21 May 2003 by Associazione Produt-
tori Olivicoli Laziali (APOL) and Associazione Italiana
Produttori Olivicoli (AIPO) against the judgment deliver-
ed on 6 March 2003 by the First Chamber of the Court of
First Instance of the European Communities in Joined
Cases T-61/00 and T-62/00 Associazione Produttori Oli-
vicoli Laziali (APOL) and Associazione Italiana Produttori
Olivicoli (AIPO) v Commission

Action brought on 22 May 2003 by the Commission of
the European Communities against the French Republic

(Case C-225/03)

(2003/C 171/24)

(Case C-222/03 P)

(2003/C 171/23)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 22 May
2003 by the Commission of the European Communities,
represented by L. Ström and F. Simonetti, acting as Agents,
with an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

An appeal against the judgment delivered on 6 March 2003
by the First Chamber of the Court of First Instance of the
European Communities in Joined Cases T-61/00 and T-62/
(APOL) and
00 Associazione Produttori Olivicoli Laziali
(AIPO) v Com-
Associazione Italiana Produttori Olivicoli
mission was brought before the Court of
the
Justice of
European Communities on 21 May 2003 by Associazione

1.

declare that by failing to adopt all the laws, regulations
and administrative provisions necessary to comply with
Directive 98/79/EC of the European Parliament and of
the Council of 27 October 1998 on in vitro diagnostic
medical devices (1) or, in any event, by failing to notify
the Commission of such provisions, the French Republic
has failed to fulfil its obligations under that directive;