CELEX: C2003/171/23
Language: en
Date: 2003-07-19 00:00:00
Title: Case C-222/03 P: Appeal brought on 21 May 2003 by Associazione Produttori Olivicoli Laziali (APOL) and Associazione Italiana Produttori Olivicoli (AIPO) against the judgment delivered on 6 March 2003 by the First Chamber of the Court of First Instance of the European Communities in Joined Cases T-61/00 and T-62/00 Associazione Produttori Olivicoli Laziali (APOL) and Associazione Italiana Produttori Olivicoli (AIPO) v Commission

19.7.2003                EN                          Official Journal of the European Union                                            C 171/17
       designated by the Flemish Region and is incomplete.                   Produttori Olivicoli Laziali (APOL) and Associazione Italiana
       Finally, the report on the Flemish Region does not                    Produttori Olivicoli (AIPO), represented by Emilio Cappelli,
       reproduce all the documents and information required by               Paolo De Caterini and Andrea Bandini, of the Rome Bar.
       Article 10 in conjunction with Annex V to the directive.
                                                                             The appellants claim that the Court should:
—      The Walloon Region has infringed Articles 10(2) and 12
       of the directive in that the procedure of defining waters             —     set aside the judgment of Court of First Instance (Second
       and subsequently designating vulnerable zones covers                        Chamber) of 6 March 2003 in Joined Cases T-61/00 and
       only a part of its territory and was finished belatedly and                 T-62/00.
       the designation of vulnerable zones remains insufficient
       to date. In addition, the competent Walloon authority did
       not take into account the pollution of coastal and marine
       waters when identifying waters affected by pollution and              Pleas in law and main arguments
       designating vulnerable zones, in breach of Article 3 of
       the directive. It also infringed Article 5 of the directive,
                                                                             The appellants allege that the judgment of the Court of First
       since after it designated two vulnerable zones in its
                                                                             Instance is vitiated on the following grounds:
       territory the Walloon Region should have established
       action programmes within the prescribed period, whereas
                                                                             —     erroneous interpretation and misapplication of the prin-
       those programmes have not yet been adopted to date.
                                                                                   ciple of force majeure;
                                                                             —     erroneous interpretation and misapplication of the prin-
( 1) Council Directive 91/676/EEC of 12 December 1991 concerning                   ciple of proportionality and of Articles 9(1) and 17(2)(b)
     the protection of waters against pollution caused by nitrates from            of Regulation No 355/77; inadequate reasoning inasmuch
     agricultural sources (OJ L 375 of 21.12.1991, p. 1).                          as it was manifestly illogical and contradictory;
                                                                             —     breach of the rights of the rights of the defence for failure
                                                                                   to fulfil the obligation to carry out an inquiry;
                                                                             —     failure to rule on whether a measure of inquiry was
                                                                                   appropriate.
Appeal brought on 21 May 2003 by Associazione Produt-
tori Olivicoli Laziali (APOL) and Associazione Italiana                      Action brought on 22 May 2003 by the Commission of
Produttori Olivicoli (AIPO) against the judgment deliver-                     the European Communities against the French Republic
ed on 6 March 2003 by the First Chamber of the Court of
First Instance of the European Communities in Joined                                                   (Case C-225/03)
Cases T-61/00 and T-62/00 Associazione Produttori Oli-
vicoli Laziali (APOL) and Associazione Italiana Produttori
                  Olivicoli (AIPO) v Commission                                                        (2003/C 171/24)
                          (Case C-222/03 P)                                  An action against the French Republic was brought before the
                                                                             Court of Justice of the European Communities on 22 May
                                                                             2003 by the Commission of the European Communities,
                                                                             represented by L. Ström and F. Simonetti, acting as Agents,
                           (2003/C 171/23)                                   with an address for service in Luxembourg.
                                                                             The Commission of the European Communities claims that
                                                                             the Court should:
An appeal against the judgment delivered on 6 March 2003                     1.    declare that by failing to adopt all the laws, regulations
by the First Chamber of the Court of First Instance of the                         and administrative provisions necessary to comply with
European Communities in Joined Cases T-61/00 and T-62/                             Directive 98/79/EC of the European Parliament and of
00 Associazione Produttori Olivicoli Laziali (APOL) and                            the Council of 27 October 1998 on in vitro diagnostic
Associazione Italiana Produttori Olivicoli (AIPO) v Com-                           medical devices ( 1) or, in any event, by failing to notify
mission was brought before the Court of Justice of the                             the Commission of such provisions, the French Republic
European Communities on 21 May 2003 by Associazione                                has failed to fulfil its obligations under that directive;