Case C-296/03: Reference for a preliminary ruling by the Conseil d'État, Section d'Administration by judgment of that Court of 27 June 2003 in the case of Société Anonyme GlaxoSmithKline against Belgian State
Date: 2003-09-06
Institutions: Court of Justice
Subjects: Belgium, fixing of prices, health insurance, interpretation of the law, medicinal product

C 213/20

EN

Official Journal of the European Union

6.9.2003

Pleas in law and main arguments

The appellants plead that the Court erred in finding that the
damage which they alleged arose from the fact of not
managing to import ACP bananas. In truth, the appellants
were complaining that in 1999 and 2000 they had not
obtained certificates to import bananas from non-member
countries despite their right to do so under their reference
quantity based exclusively on imports of bananas from non-
member countries. The appellants submit that the Court failed
to take account of
their
application for damages.

their arguments in support of

Reference for a preliminary ruling by the Conseil d’État,
Section d’Administration by judgment of that Court of
27 June 2003 in the case of Société Anonyme Glaxo-
SmithKline against Belgian State

(Case C-296/03)

(2003/C 213/34)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Conseil d’État,
Section d’Administration (Council of State, Administrative
Section) of 27 June 2003, received at the Court Registry on
8 July 2003, for a preliminary ruling in the case of Société
Anonyme GlaxoSmithKline against Belgian State on the fol-
lowing question:

Must the time-limit of 90 days, which may be extended for a
further 90 days, referred to in the first subparagraph of
Article 6(1) of Council Directive 89/105/EEC of 21 December
1988 relating to the transparency of measures regulating the
prices of medicinal products for human use and their inclusion
in the scope of national health insurance systems (1) be
considered to be a strict time-limit precluding, upon expiry,
the adoption of any decision, even where an initial decision
adopted timeously has been annulled?

( 1) OJ L 40 of 11.02.1989, p. 8.

2003 by the Commission of the European Communities,
represented by M. van Beek and G. Valero Jordana, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1.

declare that, by failing to bring into force the laws,
regulations and administrative provisions needed in order
to comply with Council Directive 1999/22/EC (1) relating
to the keeping of wild animals in zoos or, in any event,
by failing to have informed the Commission of any
such laws, regulations or administrative provisions, the
Kingdom of Spain has failed to fulfil its obligations under
that Directive;

2.

order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period within which the directive was to be incorporated
into national law expired on 9 April 2002.

(1) OJ L 94 of 9.4.1999, p. 24.

Action brought on 14 July 2003 by the Commission of
the European Communities against the Italian Republic

(Case C-302/03)

(2003/C 213/36)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 14 July
2003 by the Commission of the European Communities,
represented by M. Van Beek and R. Amorosi, acting as Agents.

Action brought on 10 July 2003 by the Commission of
the European Communities against the Kingdom of Spain

The applicant claims that the Court should:

(Case C-298/03)

(2003/C 213/35)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 10 July

— find that, by failing to adopt

the laws, regulations
and administrative provisions necessary to comply with
Council Directive 1999/22/EC (1) of 29 March 1999
relating to the keeping of wild animals in zoos or, in any
event, by failing to communicate the same to the
Commission the Italian Republic has failed to fulfil its
obligations under Article 9 of that directive;