Source: EURLEX
Language: en
Format: md

24.5.2003 EN Official Journal of the European Union C 124/13

**Action brought on 31 March 2003 by the Commission of**
**the European Communities against the Kingdom of Spain**

**(Case C-142/03)**

(2003/C 124/21)

An action against the Kingdom of Spain was brought before
the Court of Justiceof theEuropean Communities on 31 March
2003 by the Commission of the European Communities,
represented by Fernando Castillo de la Torre and Niels Bertil
Rasmusen, members of its Legal Service, with an address for
service in Luxembourg.

The applicant claims that the Court should:

—
declare that theKingdom of Spain has infringed Article 91
of Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark( [1] ) by having
failed to communicate to the Commission the list of
Community trade mark courts;

—
order the Kingdom of Spain to pay the costs.

_Pleas in law and main arguments_

The Member States are under an obligation to designate,
within three years following entry into force of the regulation,
‘Community trade mark courts’ and to communicate to the
Commission their names and their territorial jurisdiction. That
information should have been communicated by 15 March
1997 at the latest.

( [1] ) OJ L 11 of 14.1.1994, p. 1.

**Action brought on 31 March 2003 by Commission of the**
**European Communities against the Portuguese Republic**

**(Case C-144/03)**

(2003/C 124/22)

An action against the Portuguese Republic was brought before
the Court of Justiceof theEuropean Communities on 31 March
2003 by the Commission of the European Communities,
represented by M. França and J. Flett, acting as Agents, with an
address for service in Luxembourg.

The applicant claims that the Court should:

—
Declare that, by failing to adopt and bring into force the
laws, regulations and administrative provisions necessary
to comply with Commission Directive 2000/52/EC( [1] ) of
26 July 2000 amending Directive 80/723/EEC on the
transparency of financial relations between Member
States and public undertakings, the Portuguese Republic
has failed to fulfil its obligations under Article 2 of
Directive 2000/52/EC;

—
declare in any event that, by failing to communicate
forthwith those provisions to the Commission, the Portuguese Republic has failed to fulfil its obligations under
Article 2 of Directive 2000/52/EC;

—
order the Portuguese Republic to pay the costs.

_Pleas in law and main arguments_

The period prescribed for implementation of the directive
expired on 31 July 2001.

( [1] ) OJ L 193 of 29 July 2000, p. 75.

**Appeal brought on 31 March 2003 by Philip Morris**
**International, Inc., against the judgment delivered on**
**15 January 2003 by the Second Chamber (Extended**
**Composition) of the Court of First Instance of the**
**European Communities in joined cases T-377/00, T-379/**
**00, T-380/00, T-260/01 and T-272/01 between Philip**
**Morris International, Inc., R.J. Reynolds Tobacco Hold-**
**ings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco**
**Company, R.J. Reynolds Tobacco International Inc., and**
**Japan Tobacco, Inc., and Commission of the European**
**Communities,** **supported** **by** **European** **Parliament,**
**Kingdom of Spain, French Republic, Italian Republic,**
**Portuguese Republic, Republic of Finland, Federal Repub-**
**lic of Germany, Hellenic Republic, Kingdom of the**
**Netherlands**

**(Case C-146/03 P)**

(2003/C 124/23)

An appeal against the judgment delivered on 15 January 2003
by the Second Chamber (Extended Composition) of the Court
of First Instance of the European Communities in joined cases