CELEX: C2003/083/27
Language: en
Date: 2003-04-05 00:00:00
Title: Case C-71/03: Action brought on 18 February 2003 by the Commission of the European Communities against the Kingdom of Belgium

5.4.2003                 EN                        Official Journal of the European Union                                          C 83/15
Do Regulations (EEC) No 1079/77 (1) and No 1822/77 (2),                    Reference for a preliminary ruling by the Commissione
which establish a co-responsibility levy on cows’ milk, apply              Tributaria Provinciale — di Massa Carrara, Sezione 2, by
to all transfers of cows’ milk from the producer to third parties,         order of that Court of 11 December 2002 in the case of
regardless of the legal form which such transfers take, or                      Carbonati Apuani s.r.l. against Comune di Carrara
merely to transfers which result in the acquisition of title in
the product by the transferee?                                                                      (Case C-72/03)
                                                                                                    (2003/C 83/28)
( 1) OJ L 131 of 26.5.1977, p. 6.
( 2) OJ L 203 of 9.8.1977, p. 1.
                                                                           Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Commissione Tributa-
                                                                           ria Provinciale — di Massa Carrara, Sezione 2 (Massa Carrara
                                                                           Provincial Tax Court, Second Chamber) of 11 December 2002,
                                                                           received at the Court Registry on 18 February 2003, for a
                                                                           preliminary ruling in the case of Carbonati Apuani s.r.l. against
                                                                           Comune di Carrara on the following question:
Action brought on 18 February 2003 by the Commission
of the European Communities against the Kingdom of
                                                                           whether the Italian rules in question, Laws No 749 of 15 July
                                Belgium
                                                                           1911 and No 449 of 23 December 1997 and Decree-Law
                                                                           No 8 of 26 January 1999 as converted, with amendments,
                            (Case C-71/03)                                 into Law No 75.99 — establishing a marble tax in the Comune
                                                                           di Carrara — are compatible with Articles 23, 81, 85 and 86
                                                                           of the EC Treaty as amended by the Treaty of Amsterdam,
                            (2003/C 83/27)                                 ratified in Italy by Law No 209.1998.
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
18 February 2003 by the Commission of the European                         Action brought on 20 February 2003 by the Commission
Communities, represented by Wouter Wils, acting as Agent,                  of the European Communities against the Republic of
with an address for service in Luxembourg.                                                             Austria
                                                                                                    (Case C-76/03)
The applicant claims that the Court should:
                                                                                                    (2003/C 83/29)
—     Declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with
      Directive 98/71/EC ( 1) of the European Parliament and of
      the Council of 13 October 1998 on the legal protection               An action against the Republic of Austria was brought
      of designs and, in any event, by failing to communicate              before the Court of Justice of the European Communities on
      them to the Commission, the Kingdom of Belgium has                   20 February 2003 by the Commission of the European
      failed to fulfil its obligations under that directive;               Communities, represented by Claudia Schmidt, of the Euro-
                                                                           pean Commission’s Legal Service, acting as Agent, with an
                                                                           address for service in Luxembourg at the office of Luis Escobar
—     order the Kingdom of Belgium to pay the costs.                       Guerrero, also of the European Commission’s Legal Service,
                                                                           Wagner Centre C 254, Kirchberg.
                                                                           The applicant claims that the Court should:
Pleas in law and main arguments
                                                                           1.    Declare that, by failing to bring into force the laws,
                                                                                 regulations and administrative provisions necessary to
The period prescribed for implementation of the directive                        comply with Directive 98/71/EC of the European Parlia-
expired on 28 October 2001.                                                      ment and of the Council of 13 October 1998 on the legal
                                                                                 protection of designs ( 1) and/or by failing to forward
                                                                                 those provisions to the Commission, the Republic of
( 1) OJ L 289 of 28.10.1998, p. 28.                                              Austria has failed to fulfil its obligations under that
                                                                                 directive;
                                                                           2.    Order the Republic of Austria to pay the costs.