CELEX: C2003/044/22
Language: en
Date: 2003-02-22 00:00:00
Title: Case C-374/02: Action brought on 16 October 2002 by the Commission of the European Communities against the Italian Republic

C 44/12                  EN                       Official Journal of the European Union                                       22.2.2003
Action brought on 16 October 2002 by the Commission                       received at the Court Registry on 29 November 2002, for a
of the European Communities against the Italian Republic                  preliminary ruling in the administrative judicial proceedings
                                                                          between Arnold André GmbH & Co. KG and the Landrat
                                                                          (Principal Officer) of the Herford Local Authority on the
                          (Case C-374/02)
                                                                          following question:
                           (2003/C 44/22)
                                                                          Is the provision in Article 8 of Directive 2001/37/EC (1), by
                                                                          which, with a view to the approximation of the laws,
                                                                          regulations and administrative provisions of the Member States
An action against the Italian Republic was brought before the             concerning the manufacture, presentation and sale of tobacco
Court of Justice of the European Communities on 16 October                products, the placing on the market of tobacco for oral use is
2002 by the Commission of the European Communities,                       prohibited, without prejudice to Article 151 of the Act
represented by M. Konstantinidis and Roberto Amorosi, acting              concerning the Accession of Austria, Finland and Sweden,
as Agents.                                                                compatible with the superior law of the European Communi-
                                                                          ties?
The applicant claims that the Court should:
                                                                          (1 ) OJ L 194, p. 26.
—     declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with
      Council Directive 1999/31/EC (1) of 26 April 1999 on
      the landfill of waste, or in any event by failing to inform
      the Commission thereof, the Italian Republic has failed to
      fulfil its obligations under Article 18 of that directive:
                                                                          Reference for a preliminary ruling by the Landgericht
—     order the Italian Republic to pay the costs.                        Essen by order of that Court of 25 November 2002 in
                                                                          proceedings relating to the commercial register between
                                                                          Axel Springer AG and Zeitungsverlag Niederrhein GmbH
                                                                                                   & Co. Essen KG
Pleas in law and main arguments
                                                                                                   (Case C-435/02)
Article 249 EC, according to which a directive is to be binding,
                                                                                                    (2003/C 44/24)
as to the result to be achieved, upon each Member State to
which it is addressed, implies that Member States are required
to comply with the time-limits for transposition laid down in
directives. When the time-limit expired, the Italian Republic             Reference has been made to the Court of Justice of the
had not promulgated the provisions necessary to comply with               European Communities by order of the Landgericht Essen
the directive referred to in the Commission’s claims.                     (Regional Court Essen) of 25 November 2002, received at the
                                                                          Court Registry on 2 December 2002, for a preliminary ruling
                                                                          in proceedings relating to the commercial register between
( 1) OJ L 182 of 16.7.1999, p. 1.
                                                                          Axel Springer AG and Zeitungsverlag Niederrhein GmbH &
                                                                          Co. Essen KG on the following questions:
                                                                          (1) Is Directive 90/605/EEC ( 1), in conjunction with
                                                                                Article 47 of Directive 78/660/EEC ( 2), compatible with
                                                                                the fundamental Community right of freedom to exercise
                                                                                a trade or profession in so far as Kommanditgesellschaften
Reference for a preliminary ruling by the Verwaltungsger-                       (limited partnerships) whose personally liable partner is a
icht Minden by order of that Court of 14 November                               private limited company are obliged to publish their
2002 in the administrative judicial proceedings between                         annual accounts and annual report, in particular without
Arnold André GmbH & Co. KG and the Landrat of the                               any restriction being imposed on the group of persons
                     Herford Local Authority                                    entitled to inspect those documents?
                                                                          (2) Is Directive 90/605/EEC, in conjunction with Article 47
                          (Case C-434/02)                                       of Directive 78/660/EEC, compatible with the fundamen-
                                                                                tal Community rights of freedom of the press and radio
                           (2003/C 44/23)                                       in so far as Kommanditgesellschaften whose personally
                                                                                liable partner is a private limited company and which are
                                                                                engaged in the press and publishing sector or the radio
                                                                                broadcasting sector are obliged to publish their annual
Reference has been made to the Court of Justice of the                          accounts and annual report, in particular without any
European Communities by order of the Verwaltungsgericht                         restriction being imposed on the group of persons
Minden (Administrative Court Minden) of 14 November 2002,                       entitled to inspect those documents?