Case C-304/03: Action brought on 14 July 2003 by Commission of the European Communities against PROSECOM — Protecção, Segurança e Comunicações, Lda
Date: 2003-09-06
Institutions: Court of Justice
Subjects: EU control, EU financing, European Commission, appeal to the Court (EU), financial control, redemption

6.9.2003

EN

Official Journal of the European Union

C 213/21

— order the Italian Republic to pay the costs.

Action brought on 14 July 2003 by Commission of the
European Communities against PROSECOM — Protecção,
Segurança e Comunicações, Lda

Pleas in law and main arguments

The time-limit for implementing the directive expired on
9 April 2002.

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

(Case C-304/03)

(2003/C 213/38)

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

(Case C-303/03)

(2003/C 213/37)

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. Konstantinidis and R. Amorosi, acting as
Agents.

The applicant claims that the Court should:

— find that, by failing to adopt

the laws, regulations
and administrative provisions necessary to comply with
Directive 2000/53/EC (1) of the European Parliament and
of the Council of 18 September 2000 on end-of- life
vehicles or, in any event, by failing to communicate the
same to the Commission, the Italian Republic has failed
to fulfil its obligations under Article 10 of that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit for implementing the directive expired on
21 April 2002.

( 1) OJ L 269 of 21.10.2000, p. 34.

An action against PROSECOM — Protecção, Segurança e
Comunicações, Lda. was brought before the Court of Justice of
the European Communities on 14 July 2003 by the Com-
mission of the European Communities, represented by R. Lyal
and G. Braga da Cruz, acting as Agents, with an address for
service in Luxembourg.

The applicant claims that the Court should:

— order

to

the

the

pay

defendant

applicant
to
EUR 111 605,10 (one hundred and eleven thousand six
hundred and five euros and ten cents), composed of
EUR 88 276 by way of capital, and EUR 23 329,10 by
way of interest accrued between 15 November 1998 until
30 June 2003,
inclusive, at the rate of 5,50 % (until
31 December 2002) and 7,50 % (from 1 January 2003);

— order the defendant to pay EUR 18,14 (eighteen euros
and fourteen cents) per day as interest calculated at the
same rate from 1 July 2003, until full payment;

— order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Under the general terms and conditions of the contract,
the signatories agreed, in the event that the total financial
contribution by the Commission should prove to be less than
the payment actually made, to return the difference forthwith
to the Commission. By failing to return forthwith the above-
mentioned amounts which were given to it by the Com-
mission, the defendant failed to fulfil its obligations under the
contract. The total amount of costs accepted by the defendant
found by the Commission after an audit was PTE 26 270 857,
so that
fixed at
PTE 13 135 428 (ECU 68 686). In view of the fact that the
total received by the defendant was ECU 156 962,
the
amount overpaid which must be returned by the defendant is
ECU 88 276. No payment has been made to date, so that the
defendant is still in debt for the full amount. In addition to the

the Commission’s

contribution was

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.