Case C-381/03: Action brought on 10 September 2003 by the Commission of the European Communities against the Italian Republic
Date: 2003-11-01
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, marine pollution, maritime safety, maritime transport, pollution control measures, safety standard

1.11.2003

EN

Official Journal of the European Union

C 264/23

Action brought on 10 September 2003 by the Com-
mission of the European Communities against the Italian
Republic

(Case C-381/03)

(2003/C 264/38)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 10 Septem-
ber 2003 by the Commission of the European Communities,
represented by K. Banks and K. Simonsson, 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
Commission Directive 2001/53/EC of 10 July 2001
amending Council Directive 96/98/EC on marine equip-
ment (1) or, in any event, by failing to communicate the
same to the Commission, the Italian Republic has failed
to fulfil its obligations under that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposing the directive expired on 17 Feb-
ruary 2002.

(1) OJ L 204 of 28.7.2001, p. 1.

Action brought on 12 September 2003 by the Com-
the
mission of

the European Communities against

Kingdom of Spain

(Case C-384/03)

(2003/C 264/39)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 12 Sep-
tember 2003 by the Commission of the European Communi-
ties, represented by D. Gregorio Valero Jordana, with an
address for service in Luxembourg.

The Commission claims that the Court should:

— declare that, by failing to adopt all the laws, regulations
and administrative provisions necessary to implement
Directive 2000/35/EC of the European Parliament and of
the Council of 29 June 2000 on combating late payment
in commercial transactions (1) or, in any event, by failing
to communicate such provisions to the Commission, the
Kingdom of Spain has failed to fulfil its obligations under
that directive;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The time allowed for transposing the directive expired on
8 August 2002.

(1) OJ L 200 of 8.8.2000, p. 35.

Action brought on 12 September 2003 by the Com-
mission of the European Communities against the Federal
Republic of Germany

(Case C-386/03)

(2003/C 264/40)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
the
ties on 12 September 2003 by the Commission of
European Communities, represented by M. Huttunen and
M. Niejahr of its Legal Service, with an address for service in
Luxembourg.

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

1.

Flugplätzen

(German Regulation

declare that by adopting measures in Paragraphs 8(2) and
9(3) of the Verordnung über Bodenabfertigungsdienste
auf
concerning
groundhandling services at airports) of 10 December
1997 which are not compatible with Articles 16 and 18
of Council Directive 96/67/EC of 15 October 1996 on
access to the groundhandling market at Community
airports (1), the Federal Republic of Germany has failed to
fulfil its obligations under that directive;

2.

order the Federal Republic of Germany to pay the costs
of the proceedings.