Case C-410/03: Action brought on 1 October 2003 by the Commission of the European Communities against the Italian Republic
Date: 2003-12-13
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, crew, organisation of work, rest period, working time

13.12.2003

EN

Official Journal of the European Union

C 304/13

(5) Must the term ‘offering’ in the provisions referred to in
Question (1) be construed as also meaning the offering
(for sale) of original branded goods (bearing a trade mark
within the meaning of the directive, the UBL and/or
Regulation 40/94) which are stored in a customs office
or warehouse within the territory of a Member State,
which have not been introduced into the EEA by the
proprietor of the trade mark or with his consent, which
come from outside the EEA and which have the status of
non-Community goods (for example, T 1 or AAD), in the
circumstances set out above in Questions (3) and (4)?

(6) With which of the parties does the burden of proof rest
as regards the acts mentioned above under (1), (2) and
(5)?

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ L 11 of 14.1.1994, p. 1).

Pleas in law and main arguments

The period for transposition of the directive expired on 30 June
2002.

(1) OJ 2000 L 14 of 20.1.2000, p. 29.

Action brought on 30 September 2003 by the Italian
Republic against the Commission of the European Com-
munities

(Case C-430/03)

(2003/C 304/19)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 30 September 2003 by the Italian Republic
represented by Ivo M. Braguglia, acting as Agent and Maurizio
Fiorilli, Avvocato dello Stato.

Action brought on 1 October 2003 by the Commission
of the European Communities against the Italian Republic

The applicant claims that the Court should:

(Case C-410/03)

(2003/C 304/18)

annul Commission Decision C(2003) 2587 def. of 22 July
2003 in so far as it excludes from Community financing the
following entries:

a)

Fruit and vegetables — ITALY — 1515 — Flat-rate
corrections of 5 % (2000/2001) and 10 % (1999/2000)
for shortcomings in controls: EUR 22 251 827,08

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 1 October
2003 by the Commission of the European Communities
represented by Karen Banks and Knut Simonsson, acting as
Agents.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 1999/95/EC (1) of the European Parliament and
of the Council of 13 December 1999 concerning the
enforcement of provisions in respect of seafarers’ hours
of work on board ships calling at Community ports or
by failing to communicate those provisions to the
Commission, the Italian Republic has failed to fulfil its
obligations under that directive;

— order the Italian Republic to pay the costs.

b) Olive oil, fibre plants and seed — ITALY —1210 —
Flat-rate correction of 2 % for shortcomings in the
management
EUR
13 048 335,00.

effectiveness of

controls:

and

Pleas in law and main arguments

The applicant submits that the flat-rate corrections concerning
the system of aid for the processing of tomatoes and the flat-
rate correction concerning the system of production aid for
olive oil, notified by Commission Decision 2003/536/EC (1) of
22 July 2003 (notified under document number C(2003)
2587) are unlawful in so far as they are based on inadequate
investigation and in breach of the rules of co-operation in
good faith. According to the applicant, the financial corrections
should therefore be annulled.

(1) OJ 2003 L 184 of 23.7.2003, p. 42.