Judgment of the Court (Second Chamber) of 11 September 2003 in Case C-22/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Failure to implement Directive 1999/94/EC)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, consumer information, energy consumption, motor car

1.11.2003

EN

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:

C 264/14

EN

Official Journal of the European Union

1.11.2003

1. Declares that, by failing to adopt 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, the Italian Republic has
failed to fulfil its obligations under that directive;

1.

2.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 68 of 16.3.2002.

Compliance with the prohibition of indirect discrimination on
grounds of sex is a condition governing the legality of all
measures adopted by the Community institutions.

Examination of Question 1 has failed to disclose any factor
capable of affecting the validity of the provision contained in
Article 5(1) of Council Directive 86/457/EEC of 15 September
1986 on specific training in general medical practice and
Article 34(1) of Council Directive 93/16/EEC of 5 April
1993 to facilitate the free movement of doctors and the mutual
recognition of their diplomas, certificates and other evidence of
formal qualifications, according to which part-time training in
general medical practice must include a certain number of
periods of full-time training.

(1) OJ C 97 of 20.4.2002.

JUDGMENT OF THE COURT

of 9 September 2003

in Case C-25/02 (Reference for a preliminary ruling
from the Bundesverwaltungsgericht): Katharina Rinke v
Ärztekammer Hamburg (1)

(Equal treatment for men and women — Directives 86/457/
EEC and 93/16/EEC — Obligation to undertake certain
periods of full-time training during part-time training in
general medical practice)

(2003/C 264/23)

(Language of the case: German)

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

In Case C-25/02: Reference to the Court under Article 234 EC
by the Bundesverwaltungsgericht (Germany) for a preliminary
ruling in the proceedings pending before that court between
Katharina Rinke and Ärztekammer Hamburg on the interpret-
ation of Article 5 of Council Directive 86/457/EEC of 15 Sep-
tember 1986 on specific training in general medical practice
(OJ 1986 L 267, p. 26) and Article 34 of Council Directive 93/
16/EEC of 5 April 1993 to facilitate the free movement of
doctors and the mutual recognition of their diplomas, certifi-
cates and other evidence of formal qualifications (OJ 1993
L 165, p. 1), and on the compatibility of those provisions with
the prohibition of indirect discrimination on grounds of sex as
laid down in Council Directive 76/207/EEC of 9 February 1976
on the implementation of the principle of equal treatment for
men and women as regards access to employment, vocational
training and promotion, and working conditions (OJ 1976
L 39, p. 40), the Court, composed of: G.C. Rodríguez Iglesias,
President,
J.-P. Puissochet, M. Wathelet, R. Schintgen and
C.W.A. Timmermans (Presidents of Chambers), C. Gulmann,
D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur), V. Skouris,
F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
L.A. Geelhoed, Advocate General;
A. Rosas,
M.-F. Contet, Principal Administrator, for the Registrar, has
given a judgment on 9 September 2003, in which it has ruled:

Judges;

JUDGMENT OF THE COURT

of 9 September 2003

in Case C-151/02 (Reference for a preliminary ruling from
the Landesarbeitsgericht Schleswig-Holstein): Landes-
hauptstadt Kiel v Norbert Jaeger (1)

(Social policy — Protection of the safety and health of
workers — Directive 93/104/EC — Concepts of ‘working
time’ and ‘rest period’ — On-call service (‘Bereitschafts-
dienst’) provided by doctors in hospitals)

(2003/C 264/24)

(Language of the case: German)

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

In Case C-151/02: Reference to the Court under Article 234
EC by the Landesarbeitsgericht Schleswig-Holstein (Germany)
for a preliminary ruling in the proceedings pending before that
Jaeger
court between Landeshauptstadt Kiel and Norbert
on the interpretation of Council Directive 93/104/EC of
23 November 1993 concerning certain aspects of the organis-
ation of working time (OJ 1993 L 307, p. 18) and, in particular,
Articles 2(1) and (3) thereof, the Court, composed of: G.C. Ro-
dríguez Iglesias, President, M. Wathelet, R. Schintgen (Rappor-
teur) and C.W.A. Timmermans, Presidents of Chambers,
C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken,
N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 9 September 2003, in which it has ruled: