CELEX: C2003/239/08
Language: en
Date: 2003-10-04 00:00:00
Title: Case C-349/03: Action brought on 7 August 2003 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland

C 239/6                   EN                          Official Journal of the European Union                                          4.10.2003
        —     by failing to issue a provisional prohibition of                The Applicant claims that the Court should:
              fishing from fishing vessels flying the Danish flag or
              registered in Denmark when the quota allocated was              1)     declare that by failing to implement Council Directive 77/
              to be deemed to have been exhausted, and by failing                    799/EEC (1) of 19 December 1977 concerning mutual
              to inform the Commission when the halt to fishing                      assistance by the competent authorities of the Member
              was introduced,                                                        States in the field of direct and indirect taxation, as
                                                                                     amended, in the territory of Gibraltar, the United
        the Kingdom of Denmark has failed to fulfil its obligations                  Kingdom has failed to fulfil its obligations under the EC
        both under Article 5(2) of Regulation (EEC) No 170/                          Treaty;
        83 ( 1), and under Articles 1 and 11(1) and (2) of
        Regulation (EEC) No 2241/87 (2);
                                                                              2)     order the United Kingdom to pay the costs.
2.      order the Kingdom of Denmark to pay the costs.
                                                                              Pleas in law and main arguments
Pleas in law and main arguments
                                                                              Directive 77/799/EEC, as amended, was to be implemented by
Disregard of Article 5(2) of Council Regulation (EEC) No 170/                 the Member States not later than 1 January 1981 as regards
83 and of Articles 1 and 11(1) and (2) of Council Regulation
                                                                              value added tax (by virtue of Directive 79/1070/EEC ( 2)) and
(EEC) No 2241/87.
                                                                              1 January 1993 as regards excise duties (by virtue of Directive
                                                                              92/12/EEC (3)).
The Danish Government has acknowledged that for certain
stocks the quotas allocated for the year 1998 were substantially
exceeded. The monitoring carried out of fishery activities and                Contrary to the view taken by the United Kingdom, the
the measures taken concerning the management and control of                   Commission maintains that Directive 77/799/EEC, as
those activities were in the Commission’s opinion inadequate.                 amended, applies to Gibraltar and that by failing to implement
                                                                              the directive in this territory the United Kingdom has failed to
                                                                              fulfil its obligations under the EC Treaty.
The Danish authorities moreover in certain cases omitted to
bring criminal proceedings agains the persons responsible for
non-compliance with the rules on control and conservation.                    (1 ) OJ L 336, 27.12.1977, p. 15.
                                                                              (2 ) of 6 December 1979 amending Directive 77/799/EEC (OJ L 331,
                                                                                   27.12.1979, p. 8).
( 1) Council Regulation (EEC) No 170/83 of 25 January 1983                    (3 ) of 25 February 1992 on the general arrangements for products
     establishing a Community system for the conservation and                      subject to excise duty and on the holding, movement and
     management of fishery resources, OJ L 24 of 27.1.1983, p. 1.                  monitoring of such products (OJ L 76, 23.03.1992, p. 1).
( 2) Council Regulation (EEC) No 2241/87 of 23 July 1987 estab-
     lishing certain control measures for fishing activities, OJ L 207 of
     29.7.1987, p. 1.
                                                                              Appeal brought on 21 August 2003 (facsimile received on
Action brought on 7 August 2003 by the Commission of                          16 August 2003) by El Corte Inglés, SA against the order
the European Communities against the United Kingdom                           delivered on 8 May 2003 in Case T-63/03 El Corte Inglés
               of Great Britain and Northern Ireland                          SA v OHIM, the other party to the proceedings before
                                                                                 the Board of Appeal being: Calzaturificio Yvonne S.r.l.
                           (Case C-349/03)
                                                                                                       (Case C-361/03 P)
                           (2003/C 239/08)
                                                                                                        (2003/C 239/09)
An action against the United Kingdom of Great Britain and
Northern Ireland was brought before the Court of Justice
of the European Communities on 7 August 2003 by the                           An appeal against the order delivered on 8 May 2003 in Case
Commission of the European Communities, represented by                        T-63/03 El Corte Inglés SA v OHIM, the other party to the
R. Lyal, acting as agent, with an address for service in                      proceedings before the Board of Appeal being: Calzaturificio
Luxembourg.                                                                   Yvonne S.r.l., was brought before the Court of Justice of the