CELEX: C2003/213/37
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-303/03: Action brought on 14 July 2003 by the Commission of the European Communities against the Italian Republic

6.9.2003                  EN                       Official Journal of the European Union                                          C 213/21
—      order the Italian Republic to pay the costs.                        Action brought on 14 July 2003 by Commission of the
                                                                           European Communities against PROSECOM — Protecção,
                                                                                          Segurança e Comunicações, Lda
Pleas in law and main arguments
                                                                                                    (Case C-304/03)
The time-limit for implementing the directive expired on
9 April 2002.                                                                                       (2003/C 213/38)
( 1) OJ L 94 of 9.4.1999, p. 24.
                                                                           An action against PROSECOM — Protecção, Segurança e
                                                                           Comunicações, Lda. was brought before the Court of Justice of
                                                                           the European Communities on 14 July 2003 by the Com-
                                                                           mission of the European Communities, represented by R. Lyal
                                                                           and G. Braga da Cruz, acting as Agents, with an address for
                                                                           service in Luxembourg.
Action brought on 14 July 2003 by the Commission of
   the European Communities against the Italian Republic
                                                                           The applicant claims that the Court should:
                            (Case C-303/03)
                                                                           —     order the defendant to pay to the applicant
                            (2003/C 213/37)                                      EUR 111 605,10 (one hundred and eleven thousand six
                                                                                 hundred and five euros and ten cents), composed of
                                                                                 EUR 88 276 by way of capital, and EUR 23 329,10 by
                                                                                 way of interest accrued between 15 November 1998 until
An action against the Italian Republic was brought before the                    30 June 2003, inclusive, at the rate of 5,50 % (until
Court of Justice of the European Communities on 14 July                          31 December 2002) and 7,50 % (from 1 January 2003);
2003 by the Commission of the European Communities,
represented by M. Konstantinidis and R. Amorosi, acting as
Agents.                                                                    —     order the defendant to pay EUR 18,14 (eighteen euros
                                                                                 and fourteen cents) per day as interest calculated at the
                                                                                 same rate from 1 July 2003, until full payment;
The applicant claims that the Court should:
                                                                           —     order the defendant to pay the costs of proceedings.
—      find that, by failing to adopt the laws, regulations
       and administrative provisions necessary to comply with
       Directive 2000/53/EC ( 1) of the European Parliament and
       of the Council of 18 September 2000 on end-of- life
       vehicles or, in any event, by failing to communicate the
       same to the Commission, the Italian Republic has failed             Pleas in law and main arguments
       to fulfil its obligations under Article 10 of that directive;
—      order the Italian Republic to pay the costs.                        Under the general terms and conditions of the contract,
                                                                           the signatories agreed, in the event that the total financial
                                                                           contribution by the Commission should prove to be less than
                                                                           the payment actually made, to return the difference forthwith
Pleas in law and main arguments                                            to the Commission. By failing to return forthwith the above-
                                                                           mentioned amounts which were given to it by the Com-
                                                                           mission, the defendant failed to fulfil its obligations under the
The time-limit for implementing the directive expired on                   contract. The total amount of costs accepted by the defendant
21 April 2002.                                                             found by the Commission after an audit was PTE 26 270 857,
                                                                           so that the Commission’s contribution was fixed at
                                                                           PTE 13 135 428 (ECU 68 686). In view of the fact that the
( 1) OJ L 269 of 21.10.2000, p. 34.                                        total received by the defendant was ECU 156 962, the
                                                                           amount overpaid which must be returned by the defendant is
                                                                           ECU 88 276. No payment has been made to date, so that the
                                                                           defendant is still in debt for the full amount. In addition to the