Judgment of the Court (First Chamber) of 11 September 2003 in Case C-331/01: Kingdom of Spain v Commission of the European Communities (EAGGF — Clearance of accounts — Additional payments granted to producers of bovine animals in 1996 — Time-limits for notification of results of checks)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Spain, action for annulment (EU), aid to agriculture

C 264/12

EN

Official Journal of the European Union

1.11.2003

Article 3 of that directive, whether a qualification obtained in
another Member State by a national of a Member State wishing
to pursue a regulated profession in the host Member State can
be regarded as a diploma within the meaning of that provision
and, if so, to determine the extent to which the training courses
whose successful completion leads to the award of
those
diplomas are similar with regard to both their duration and the
matters covered. If it is apparent from that court’s examination
that both qualifications constitute diplomas within the meaning
of that directive and that those diplomas are awarded on the
completion of equivalent education or training, the directive
precludes the authorities of the host Member State from making
access by that national of a Member State to the profession of
manager in the hospital public service subject to the condition
that he complete the training given by the École nationale de la
santé publique and pass the final examination at the end of
that training.

2. Where a national of a Member State holds a diploma obtained
in one Member State which is equivalent to the diploma
to take up
required in another Member State in order
employment in the hospital public service, Community law
precludes the authorities of the second Member State from
making that national’s access to the employment in question
subject to his passing a competition such as the entrance
examination of the École nationale de la santé publique.

(1) OJ C 275 of 29.9.2001.

for a preliminary ruling in the proceedings pending before that
court between Albacom SpA (C-292/01),
Infostrada SpA
(C-293/01) and Ministero del Tesoro, del Bilancio e della
Programmazione Economica, Ministero delle Comunicazioni,
on the interpretation of Directive 97/13/EC of the European
Parliament and of the Council of 10 April 1997 on a common
framework for general authorisations and individual licences
in the field of telecommunications services (OJ 1997 L 117,
p. 15), the Court (Fifth Chamber), composed of: M. Wathelet,
President of the Chamber, C.W.A. Timmermans, A. La Pergola,
P. Jann and S. von Bahr (Rapporteur), Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, has given a
judgment on 18 September 2003, in which it has ruled:

Directive 97/13/EC of the European Parliament and of the Council
of 10 April 1997 on a common framework for general authorisations
and individual
licences in the field of telecommunications services
and, in particular, Article 11 thereof, prohibit Member States from
imposing financial charges other than and in addition to those
allowed by the directive, such as the contested charge in the main
proceedings, on undertakings which hold individual licences in the
telecommunications sector solely because they hold such licences.

(1) OJ C 275 of 29.9.2001 and OJ C 289 of 13.10.2001.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

(Fifth Chamber)

of 18 September 2003

In Joined Cases C-292/01 and C-293/01 (Reference for a
preliminary ruling from the Consiglio di Stato): Albacom
SpA (C-292/01), Infostrada SpA (C-293/01) v Ministero
del Tesoro, del Bilancio e della Programmazione Econ-
omica, Ministero delle Comunicazioni (1)

(Telecommunications services — General authorisations and
licences — Directive 97/13/EC — Fees and
individual

charges for individual licences)

of 11 September 2003

in Case C-331/01: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — Additional payments
granted to producers of bovine animals in 1996 — Time-
limits for notification of results of checks)

(2003/C 264/20)

(Language of the case: Spanish)

(2003/C 264/19)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-292/01 and C-293/01: Reference to the
Court under Article 234 EC by the Consiglio di Stato (Italy)

In Case C-331/01, Kingdom of Spain (Agent:
initially by
M. López-Monís Gallego and subsequently by L. Fraguas
Gadea) v Commission of the European Communities (Agent:
S. Pardo Quintillán): Application for the annulment of Com-
mission Decision 2001/557/EC of 11 July 2001 excluding
from Community financing certain expenditure incurred by

1.11.2003

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Official Journal of the European Union

C 264/13

the Guarantee Section of

the Member States under
the
European Agricultural Guidance and Guarantee Fund (EAGGF)
(OJ 2001 L 200, p. 28) in so far as it concerns the Kingdom of
Spain, the Court (First Chamber), composed of: M. Wathelet,
President of the Chamber, P. Jann and A. Rosas (Rapporteur),
Judges; C. Stix-Hackl, Advocate General; H. von Holstein,
Deputy Registrar, has given a judgment on 11 September
2003, in which it:

1. Dismisses the application;

2. Orders the Kingdom of Spain to pay the costs.

D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas
(Rapporteur), Judges; F.G. Jacobs, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 9 September 2003, in which it:

1. Dismisses the appeal;

2. Orders Ms Kik to pay the costs;

3. Orders the Hellenic Republic, the Kingdom of Spain, the
Council of the European Union and the Commission of the
European Communities to bear their own costs.

(1) OJ C 303 of 27.10.2001.

(1) OJ C 331 of 24.11.2001.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

of 9 September 2003

in Case C-361/01 P: Christina Kik v Office for Harmonis-
ation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Regulation (EC) No 40/94 — Article 115 — Rules in force
governing languages at the Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) — Plea
of illegality — Principle of non-discrimination)

(Second Chamber)

of 11 September 2003

in Case C-22/02: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Failure to
implement Directive 1999/94/EC)

(2003/C 264/21)

(Language of the case: Dutch)

(2003/C 264/22)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-361/01 P, Christina Kik (represented by E. H. Pijnack-
er Hordijk and S. B. Noë): Appeal against the judgment of the
Court of First Instance of the European Communities in Case
T-120/99 Kik v OHIM [2001] ECR II-2235, seeking to have
that judgment set aside, the other parties to the proceedings
being: Office for Harmonisation in the Internal Market (Trade
Marks and Designs)
(Agents: A. von Mühendahl,
O. Montalto and J. Miranda de Sousa) supported by Com-
mission of the European Communities (Agents: W. Wils and
N. Rasmussen), Hellenic Republic (Agents: A. Samoni-Rantou
and S. Vodina), Kingdom of Spain (Agent: S. Ortiz Vaamonde)
and Council of the European Union (Agent: G. Houttuin and
A. Lo Monaco), the Court, composed of: G.C. Rodríguez
Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen
and C.W.A. Timmermans, Presidents of Chamber, C. Gulmann,

(OHIM)

In Case C-22/02, Commission of the European Communities
(Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
(Agent: I.M. Braguglia, assisted by A. De Stefano): Application
for a declaration that, by failing to adopt or, in any event, to
communicate to the Commission the laws, regulations and
administrative provisions necessary to comply with Directive
1999/94/EC of the European Parliament and of the Council of
13 December 1999 relating to the availability of consumer
information on fuel economy and CO2 emissions in respect of
the marketing of new passenger cars (OJ 2000 L 12, p. 16),
the Italian Republic has failed to fulfil its obligations under
that directive, the Court (Second Chamber), composed of:
R. Schintgen, President of the Chamber, V. Skouris and
N. Colneric (Rapporteur), Judges; F.G. Jacobs, Advocate Gen-
eral; R. Grass, Registrar, has given a judgment on 11 September
2003, in which it: