Case C-310/03: Action brought on 23 July 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2003-09-06
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, consumer goods, consumer protection, guarantee, national implementing measure, sale

C 213/22

EN

Official Journal of the European Union

6.9.2003

capital sum owed, the defendant also owes interest accrued
since the debt came into being and until full payment is made.

Action brought on 23 July 2003 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

Action brought on 22 July 2003 by the Commission of
the European Communities against the French Office for
the safety of health products

(Case C-308/03)

(2003/C 213/39)

An action against the French Office for the safety of health
products (AFSSAPS) was brought before the Court of Justice
of
the European Communities on 22 July 2003 by the
Commission of the European Communities, represented by
R. Lyal and C. Giolitto, acting as Agents, with an address for
service in Luxembourg.

The Commission of the European Communities claims that
the Court should order the defendant;

1.

2.

to pay the applicant a sum of EUR 47 218,32 (Forty-
seven thousand two hundred and eighteen euros and
thirty-two cents) corresponding to EUR 41 000 in respect
of the principal and EUR 6 218,32 in respect of accrued
interest for delay up to 31 March 2003, at the rate of
5,25 %;

to pay EUR 6,74 (Six euros and seventy-four cents) per
day in respect of accrued interest, at the same rate, from
1 April 2003 until payment in full;

3.

to pay the costs of this case.

Pleas in law and main arguments

The court with jurisdiction in this case is the Court of Justice
notwithstanding the wording of the arbitration clause, since
that cannot have been intended to change or have the effect of
changing the division of jurisdiction between the Court of
Justice and the Court of First Instance as provided for by the
Treaty.

By refusing to produce the evidence of costs requested by the
Commission, the AFSSAPS has failed to fulfil its obligation
under the contract concluded pursuant to the provisions of
the specific programme for research and development in the
field of telematic applications of common interest and is liable
to repay the amount of the advance to the Commission.

(Case C-310/03)

(2003/C 213/40)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 23 July 2003 by the Commission of the European
Communities, represented by D. Martin, acting as Agent, with
an address for service in Luxembourg.

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

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 1999/44/EC of the European Parliament and of
the Council of 25 May 1999 on certain aspects of the
sale of consumer goods and associated guarantees (1), the
Grand Duchy of Luxembourg has failed to fulfil
its
obligations under that directive;

— order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the Directive expired on
1 January 2002.

(1) OJ L 171, 7.7.1999, p. 12.

Action brought on 23 July 2003 by the Commission of
the European Communities against the French Republic

(Case C-311/03)

(2003/C 213/41)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 23 July
2003 by the Commission of the European Communities,
represented by D. Martin, acting as Agent, with an address for
service in Luxembourg.