Case C-320/03: Action brought on 24 July 2003 by the Commission of the European Communities against the Republic of Austria
Date: 2003-09-20
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, carriage of goods, commercial vehicle, common transport policy, free movement of goods, road transport, transport regulations

C 226/10

EN

Official Journal of the European Union

20.9.2003

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit
30 June 2002.

for implementing the directive expired on

(1) OJ L 167 of 2.7.1999, p. 33.

Reference for a preliminary ruling by the Tribunal
Administratif de Paris by judgment of that Court of
3 July 2003 in the case of Serge Briheche against
Minister for the Interior, Internal Security and Local
Freedoms

(Case C-319/03)

(2003/C 226/16)

Reference has been made to the Court of
Justice of
the
the Tribunal
judgment of
European Communities by
Administratif de Paris (Administrative Court, Paris) of 3 July
2003, received at the Court Registry on 24 July 2003, for a
preliminary ruling in the case of Serge Briheche against Minister
for the Interior, Internal Security and Local Freedoms on the
following question:

Does Directive 76/207/EEC of 9 February 1976 (1) preclude
France from maintaining in force the provisions of Article 8 of
Law No 75-3 of 3 January 1975, as amended by Law
No 79-569 of 7 July 1979 and Law No 2001-397 of 9 May
2001, concerning widows who have not remarried?

(1) Council Directive 76/207/EEC of 9 February 1976 on the imple-
mentation of the principle of equal treatment for men and women
as regards access to employment, vocational training and promo-
tion, and working conditions (OJ L 39, 14.2.1976, p. 40).

Action brought on 24 July 2003 by the Commission of the
European Communities against the Republic of Austria

(Case C-320/03)

(2003/C 226/17)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 24 July
the European Communities,
2003 by the Commission of

represented by Claudia Schmidt of the Commission's Legal
Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Rule that the imposition of a ban on the use of a section of
the A 12 Inntal motorway between kilometre 20,359 in
the Kundl local authority area and kilometre 66,780 in the
Ampass local authority area by heavy goods vehicles with a
total weight exceeding 7,5 tonnes which carry certain
goods is incompatible with the Republic of Austria's obli-
gations under Articles 1 and 3 of Council Regulation (EEC)
No 881/92 (1), Articles 1 and 6 of Council Regulation
(EEC) No 3118/93 (2) and Articles 28 EC to 30 EC;

2. Order the Republic of Austria to pay the costs of the

proceedings.

Pleas in law and main arguments

On 27 May 2003, the First Minister of the Land of Tyrol imposed,
on the basis of the Austrian Immissionsschutzgesetz — Luft
(Immission Control Act — air), a ban on the use by heavy
goods vehicles carrying certain goods of a 46 km stretch of the
A 12 Inntal motorway. This absolute ban applies to the vehicles
covered with immediate effect from 1 August 2003 for an inde-
finite period.

The Commission takes the view that, in imposing this ban, the
Republic of Austria has acted in breach of the abovementioned
obligations of primary and secondary law.

The transit ban or the ‘pressure to use railways’ creates addi-
tional delays and costs for the heavy goods vehicles and under-
takings concerned. The ban thus constitutes a manifest obstacle
to the free movement of goods. The approach chosen by the
Republic of Austria in applying the ban only to transit traffic,
approximately 80 % of which is effected by foreign hauliers,
thus entails preferential treatment of the national/local move-
ment of goods or, in other words, indirect discrimination of the
transport of goods by foreign carriers. That discrimination
cannot be justified on the ground of environmental protection.
For that reason alone, it must be found that the Republic of
Austria has infringed Article 28 EC.

The Commission argues alternatively that, even if the measure
is not discriminatory, the argument based on protection of the
environment cannot be accepted because the Austrian measure
does not meet the requirements of the principle of proportion-
ality. There are less stringent measures, that is to say, measures
which appear equally suitable to achieve the aim sought but
which present less of an obstacle to the free movement of
goods. Since it cannot be justified on the grounds of environ-
mental protection, the measure ultimately infringes Article 28 EC.

It is clear from Regulation (EEC) No 881/92 and Regulation
(EEC) No 3118/93 that, in principle, conditions for the free
circulation of goods transport other than those laid down in
those regulations are impermissible. There is no exception
limiting the scope of that principle. There has thus been a

20.9.2003

EN

Official Journal of the European Union

C 226/11

breach of Articles 1 and 3 of Regulation No 881/92 and of
Articles 1 and 6 of Regulation No 3118/93.

Action brought on 25 July 2003 by the Commission of the
European Communities against the Hellenic Republic

(1) OJ 1992 L 95, p. 1.
(2) OJ 1993 L 279, p. 1.

Action brought on 24 July 2003 by the Italian Republic
against the Commission of the European Communities

(Case C-324/03)

(2003/C 226/18)

the Commission of

An action against
the European
Communities was brought before the Court of Justice of the
European Communities on 24 July 2003 by the Italian
Republic, represented by Ivo Maria Braguglia, acting as Agent,
and Avvocato dello Stato Antonio Cingolo.

The applicant claims that the Court should:

— annul the memorandum from Commissioner Barnier of
14 May 2003 No 26777, received on 20 May 2003, in so
far as it refuses to accept as eligible for assistance advances
granted in relation to State aid by the Member States after
19 February 2003, and all measures on which it is based
or with which it is connected;

— order the Commission of the European Communities to

pay the costs.

(Case C-326/03)

(2003/C 226/19)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 25 July
2003 by the Commission of
the European Communities,
represented by M.-J. Jonczy, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with
Council Directive 99/63/EC of 21 June 1999 concerning
the Agreement on the organisation of working time of
seafarers
the European Shipowners"
Association (ECSA) and the Federation of Transport
Workers" Unions in the European Union (FST) (1), and in
any event by failing to inform the Commission thereof,
the Hellenic Republic has failed to fulfil its obligations
under that directive;

concluded by

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 30 June 2002.

Pleas in law and main arguments

(1) OJ L 167, 2.7.1999, p. 33.

the contested act

is manifestly
The applicant claims that
contrary to Article 32 of Commission Regulation (EC)
No 1260/1999 (1) and Rule No 1, Points 1 and 2 of the
annex to Commission Regulation (EEC) No 1685/2000 (2).
According to the applicant, none of the provisions of the
abovementioned regulations assigns significance, for the pur-
poses of eligibility of amounts granted to the final recipient of
the funding by way of State aid, to the activities actually assisted
by the funding itself. On the contrary, the system set out in the
regulations in question gives significance exclusively to pay-
ments actually made by the Member State as final recipient, on
the sole condition that they state exactly the expenditure actu-
ally borne by the final recipient itself.

The applicant also claims that the contested act is unlawful
inasmuch as its statement of reasons is defective and contra-
dictory.

(1) OJ 1999 L 161, p. 1.
(2) OJ 2000 L 193, p. 39.

de

Sala

Reference for a preliminary ruling by the Tribunal
Supremo,
lo Contencioso-Administrativo,
division: three by order of that Court of 21 July 2003 in
the case of Colegio de Ingenieros de Caminos, Canales
y Puertos against Administración del Estado, other Party:
G.M. Imo

(Case C-330/03)

(2003/C 226/20)

Justice of

Reference has been made to the Court of
the
European Communities by order of the Tribunal Supremo,
Sala de lo Contencioso-Administrativo, division: three (Supreme
Court, Chamber for Contentious-Administrative Proceedings) of
21 July 2003, received at the Court Registry on 29 July 2003, for
a preliminary ruling in the case of Colegio de Ingenieros de
Caminos, Canales y Puertos against Administración del Estado,
other Party: G. M. Imo on the following questions: