Source: EURLEX
Language: en
Format: md

21.2.2004 EN Official Journal of the European Union C 47/19

Furthermore, there exists no provision of Spanish law which
demands that account should be taken of compliance by a
foreign private security firm, or by its staff, with the guarantees
and requirements imposed in another Member State. As a
result, those are measures which have the effect of discouraging
foreign undertakings that wish to carry on activities in Spain.

( [1] ) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least
three years’ duration (OJ 1989 L 19, p. 16).
( [2] ) Council Directive 92/51/EEC of 18 June 1992 on a second general
system for the recognition of professional education and training
to supplement Directive 89/48/EC (OJ 1992 L 209, p. 25).

**Counterclaim submitted in the defence lodged on 17 July**
**2001 by the Commission in Case T-85/01 Società IAMA**
**Consulting v Commission of the European Communities,**
**pending before the Court of First Instance and referred to**
**the Court of Justice on 2 December 2003 by order of**
**25 November 2003, as a matter of jurisdiction**

**(Case C-517/03)**

(2004/C 47/30)

On 2 December 2003 the Court of First Instance, by order of
25 November 2003, referred to the Court of Justice a
counterclaim submitted by the Commission of the European
Communities, represented by Eugenio de March and Alberto
Dal Ferro, acting as Agents, in its defence in Case T-85/01
Società IAMA Consulting v Commission of the European
Communities.

The Commission claims that the Court should:

—
Uphold its counterclaim and order Società IAMA Consulting to repay the sum of LIT 1 099 405 866
(EUR 567 796) plus interest, in accordance with
Article 94 of Regulation No 341/93;

—
In any event order Società IAMA Consulting to pay the
costs

_Pleas in law and main arguments_

Under Article 23.3 of the contracts, the applicant before the
Court of First Instance, Società IAMA Consulting, is required
to reimburse the Commission for any sums overpaid.

Part of the Community contribution is attributable to
the expenses incurred by IAMA Consulting before 1 November 1997 (and not re-invoiced to IAMA International) in
a total amount of LIT 913 874 209, of which
LIT 576 432 631 related to the REGIS Project and
LIT 337 441 578 to the REFIAG Project.

The remainder derives from the amendments to expenditure,
made during the audit, amounting to a total of
LIT 185 531 657, of which LIT 60 603 671 related to the
REGIS Project and LIT 124 927 986 to the REFIAG Project.

**Action brought on 9 December 2003 by the Commission**
**of the European Communities against the Kingdom of**
**Sweden**

**(Case C-518/03)**

(2004/C 47/31)

An action against the Kingdom of Sweden was brought
before the Court of Justice of the European Communities on
9 December 2003 by the Commission of the European
Communities, represented by K. Banks and K. Simonsson,
Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt, or to communicate to
the Commission, the laws, regulations and administrative
provisions necessary to implement Directive 98/44/EC ( [1] )
of the European Parliament and the Council of 6 July
1998 on the legal protection of biotechnological inventions, Sweden has failed to fulfil its obligations under that
directive; and

2. order Sweden to pay the costs of the case.