Case C-449/05: Action brought on  16 December 2005  by the Commission of the European Communities against the Italian Republic
Date: 2006-02-11
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, disease prevention, veterinary inspection, zoonosis

C 36/26

EN

Official Journal of the European Union

11.2.2006

Appeal brought on 14 December 2005 by Common
Market Fertilizers SA (CMF) against the judgment given on
27 September 2005 by the First Chamber (Extended
Composition) of the Court of First Instance of the Euro-
pean Communities in Joined Cases T-134/03 and T-135/03
between Common Market Fertilizers SA (CMF) and the
Commission of the European Communities

(Case C-443/05 P)

(2006/C 36/52)

(Language of the case: French)

— an incorrect legal interpretation as regards the infringement
of essential procedural requirements and specifically as
regards the legal nature of the committee consulted; and

— an incorrect legal interpretation as regards the conditions
for application of Article 239 of the Community Customs
Code (2) and specifically as regards the application of the
condition of no obvious negligence.

(1) Council Regulation (EC) No 3319/94 of 22 December 1994
imposing a definitive anti-dumping duty on imports of urea ammo-
nium nitrate solution originating in Bulgaria and Poland, exported
by companies not exempted from the duty, and collecting defini-
tively the provisional duty imposed (OJ L 350, 31.12.1994, p. 20)
(2) Council Regulation (EEC) No 2913/92 of 12 October 1992 estab-
lishing the Community Customs Code (OJ L 302, 19.10.1992, p. 1)

An appeal against the judgment given on 27 September 2005
by the First Chamber (Extended Composition) of the Court of
First Instance of the European Communities in Joined Cases T-
134/03 and T-135/03 between Common Market Fertilizers SA
(CMF) and the Commission of the European Communities was
brought before the Court of Justice of the European Commu-
nities on 14 December 2005 by Common Market Fertilizers SA
(CMF), represented by A. Sutton and N. Flandin, avocats.

The appellant claims that the Court should:

Action brought on 16 December 2005 by the Commission
of the European Communities against the Italian Republic

(Case C-449/05)

— set aside the judgment under appeal in its entirety;

(2006/C 36/53)

— grant all of the claims submitted at first instance by the

appellant;

— order the Commission to pay the costs both of the appeal

and of the proceedings at first instance.

(Language of the case: Italian)

Pleas in law and main arguments:

In support of its appeal, the appellant points out four errors of
law made by the Court of First Instance consisting in:

— an incomplete presentation of the legal context resulting in
a misinterpretation of Regulation No 3319/94 (1) as to the
conditions required to impose a specific duty, and an incor-
rect legal
interpretation of the nature of the committee
consulted;

— an incomplete presentation of the facts resulting in a clear
distortion of those facts, and a misapplication of Regulation
No 3319/94 as to whether there is a situation of indirect
invoicing;

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 16 December
2005 by the Commission of the European Communities, repre-
sented by C. Cattabriga and S. Visaggio, acting as Agents, with
an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that by not taking all the necessary legal and admin-
istrative measures to comply with Directive 2003/99/EC of
the European Parliament and of
the Council of 17
November 2003 (1) on the monitoring of zoonoses and
zoonotic agents, amending Council Decision 90/424/EEC (2)
and repealing Council Directive 92/117/EEC (3), or by not
notifying the Commission of such measures,
the Italian
Republic has failed to fulfil its obligations under the first
paragraph of Article 14(1) of that directive.

11.2.2006

EN

Official Journal of the European Union

C 36/27

2. order the Italian Republic to pay the costs.

Removal from the register of Case C-147/05 (1)

Pleas in law and main arguments

The period for implementing the directive expired on 12 April
2004.

(1) OJ L 325, 12.12.2003, p. 31.
(2) OJ L 224, 18.8.1990, p. 19.
(3) OJ L 62, 15.3.1993, p. 38.

(2006/C 36/56)

Language of the case: Dutch

By order of 14 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-147/05: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 143, 11.6.2005.

Removal from the register of Case C-541/03 (1)

(2006/C 36/54)

(Language of the case: German)

By order of 7 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-541/03 (Reference for a preliminary
ruling from the Oberster Gerichtshof): Lambert Roodbeen v
Republic of Austria.

(1) OJ C 59, 06.03.2004.

Removal from the register of Case C-153/05 (1)

(2006/C 36/57)

Language of the case: German

By order of 11 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-153/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 143 of 11.6.2005.

Removal from the register of Case C-67/04 (1)

(2006/C 36/55)

Language of the case: Greek

By order of 10 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-67/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-204/05 (1)

(2006/C 36/58)

Language of the case: French

By order of 17 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-204/05: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 171, 09.07.2005.