Case C-275/03: Action brought on 25 June 2003 by the Commission of the European Communities against the Portuguese Republic
Date: 2003-09-06
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, indemnification, infringement of EU law, public contract, supplies contract, works contract

6.9.2003

EN

Official Journal of the European Union

C 213/13

value of the product/service, the size of the market for
the product/service or the effect of a new national
provision on use, which could be either a total prohibition
on use or prohibition or restriction within one of many
possible areas of use?

a view to being transported subsequently by another road
tractor to the consignee of the goods, who is established
outside the customs territory of the Community?

(1) OJ L 253 of 11.10.1993, p. 1.

( 1) of 28 March 1983 laying down a procedure for the provision of
information in the field of technical standards and regulations (OJ
L 109 of 26.04.1983, p. 8).

( 2) of 22 March 1988 amending Directive 83/189/EEC laying down
a procedure for the provision of information in the field of
technical standards and regulations (OJ L 81 of 26.03.1988,
p. 75).

( 3) of 23 March 1994 materially amending for the second time
Directive 83/189/EEC laying down a procedure for the provision
of information in the field of technical standards and regulations
(OJ L 100 of 19.04.1994, p. 30).

Reference for a preliminary ruling by the Bundesfinanz-
hof by order of that Court of 13 May 2003 in the
proceedings between Hauptzollamt Neubrandenburg and
Jens Christian Siig, trading as ‘Internationale Transport’
Export-Import

(Case C-272/03)

(2003/C 213/22)

Action brought on 25 June 2003 by the Commission
of the European Communities against the Portuguese
Republic

(Case C-275/03)

(2003/C 213/23)

An action against the Portuguese Republic was brought before
the Court of Justice of the European Communities on 25 June
2003 by the Commission of the European Communities,
represented by António Caeiros and Klaus Wiedner, acting as
Agents.

The applicant claims that the Court should:

— Declare that, by failing to transpose correctly and com-
pletely Council Directive 89/665/EEC of 21 December
1989 on the coordination of the laws, regulations and
administrative provisions relating to the application of
review procedures to the award of public supply and
public works contracts (1), the Portuguese Republic has
failed to fulfil its obligations under Community law;

— Order the Portuguese Republic to pay the costs.

Reference has been made to the Court of Justice of the
the Bundesfinanzhof
European Communities by order of
(Federal Finance Court) of 13 May 2003, received at the Court
Registry on 24 June 2003, for a preliminary ruling in the
proceedings between Hauptzollamt Neubrandenburg and Jens
Christian Siig, trading as ‘Internationale Transport’ Export-
Import on the following question:

in conjunction with Article 670(p) of
Is Article 718(3)(d)
Regulation (EEC) No 2454/93 (1) to be interpreted as meaning
that
that regulation prohibits the use of a road tractor
registered outside the customs territory of the Community to
transport a semi-trailer from a place within the customs
territory of the Community, where the semi-trailer is loaded
with goods, to another place within the customs territory of
the Community, where the semi-trailer is merely parked with

Pleas in law and main arguments

Portuguese law as it stands makes the award of damages for
infringements of Community law in the field of public
procurement or national rules implementing that law subject
to proof, by the person harmed by the infringment, that the
misconduct of the State or of the public body was culpably or
maliciously intended by the relevant body or office holders or
administrative officials. Such evidence can be extremely diffi-
cult or impossible to produce. The difficulty or impossibility
of producing such evidence may result in persons harmed by
an infringement not obtaining the compensation to which
they are entitled. It is therefore clear that that obligation, not
provided for by Directive 89/665, on persons who have
suffered damage is likely to undermine the effectiveness of
Article 2(1)(c) of that directive.

C 213/14

EN

Official Journal of the European Union

6.9.2003

Furthermore, it is evident that the difficulty in proving that the
misconduct of the State or public bodies was culpably or
maliciously intended could, in practice, result in actions for
damages brought by persons harmed by an infringement being
delayed and, in all likelihood, unsuccessful. Such a situation
undermines the effectiveness of Article 1(1) of the directive,
namely that effective and rapid remedies must be available in
the case of infringements of Community law in the field of
public procurement or national rules implementing that law.

( 1) OJ 1989 L 395, p. 33.

the Italian civil service, periods of comparable work completed
in the civil service of a Member State other than Italy must be
taken into consideration by the Italian authorities in the same
way as experience gained in the Italian civil service.

The Commission submits that the current practice in Italy is
not to take into consideration time spent in comparable
occupations in the civil service of other Member States. That
practice on the part of the Ministry of Education is inconsistent
with the aforesaid laws.

(1) OJ L 257 of 19.10.1968 p. 2.

Action brought on 26 June 2003 by the Commission of
the European Communities against the Italian Republic

Action brought on 24 June 2003 by the Commission
the European
of

the European Communities against

Economic Interest Grouping Lior and Others

(Case C-278/03)

(2003/C 213/24)

(Case C-280/03)

(2003/C 213/25)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 26 June
2003 by the Commission of the European Communities,
represented by M.-J. Jonczy, acting as Agent.

The applicant claims that the Court should:

— find that, by failing to take into account professional
experience gained by European Union citizens in the civil
service of a Member State other than Italy for the
purposes of their participation in competitions for the
selection of staff to teach at Italian state schools, the
Italian Republic has failed to fulfil its obligations under
Article 39 EC and Article 3 of Council Regulation
No 1612/68 of 15 October 1968 on freedom of move-
ment for workers within the Community (1);

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 39 EC and Article 3 of Regulation No 1612/68 must
be interpreted as meaning that, for the purposes of entering

An action against the European Economic Interest Grouping
Lior, Deira SA, Eutec Srl, Mindshare Bvba, Società Politecnica
Italiana (SPI) Sarl, Beneport SA, Europe Information Service
SA, Managium Sprl, Pi Due Sprl, C.A.R.M.E.N. e.v., Energy
Research Group/University College Dublin, ORCA-Organic
Reclamation and Composting Ass. AIBS, R.P.A. Spa, Aris
Hellas Ltd, and against Lior International n.v., was brought
before the Court of Justice of the European Communities
on 24 June 2003 by the Commission of
the European
Communities, represented by H. Støvlbæk, acting as Agent,
assisted by M. Bra, avocat, with an address for service in
Luxembourg.

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

— declare the present action admissible and well-founded in

its entirety;

— As the main plea: hold the Lior Grouping and the
defendants jointly liable to pay the Commission the sum
of the debit notes issued for all the disputed contracts,
namely the total sum of EUR 142 818,86, plus interest
under Article 94 of Commission Regulation No 3418/
93 (1) until 31 December 2002, and under Article 86(2)(b)
of Commission Regulation No 2342/2002 (2) as from
1 January 2003, dating from the day after the maturity
date of each of the debit notes issued, until the day of
full payment of the principal debt and interest, more
particularly: