CELEX: C2003/200/36
Language: en
Date: 2003-08-23 00:00:00
Title: Case C-287/03: Action brought on 3 July 2003 by the Commission of the European Communities against the Kingdom of Belgium

C 200/20              EN                         Official Journal of the European Union                                        23.8.2003
Action brought on 25 June 2003 by the Commission of the                  —     order the defendant to pay EUR 52,91 (fifty two Euros
European Communities against the United Kingdom of                             and ninety one Cents) per day by way of interest from
              Great Britain and Northern Ireland                               1 May 2003 until the date on which the debt is repaid in
                                                                               full;
                         (Case C-277/03)
                                                                         —     order the defendant to pay the costs of the present
                         (2003/C 200/34)                                       action.
An action against the United Kingdom of Great Britain and
Northern Ireland was brought before the Court of Justice of              Pleas in law and main arguments
the European Communities on 25 June 2003 by the Commis-
sion of the European Communities, represented by Mr Xavier               On the basis of Article 3(1)(a) of the general conditions
Lewis and Mr Minas Konstantinidis, acting as agents, with an             (annex II of the contract) the defendant was obliged to
address for service in Luxembourg.                                       distribute the initial advance among the contractors and/or
                                                                         the RTD Performers within thirty days of receipt of the funds.
The Applicant claims that the Court should:                              The defendant did not do so and withdrew from the project.
                                                                         Under the contract all payments were to be treated as advances
1)    declare that, by failing to adopt the laws, regulations and        until the last project deliverable was approved. The defendant
      administrative provisions necessary to comply with Direc-          is therefore obliged to reimburse the advance payment to the
      tive 2000/53/EC of the European Parliament and of the              Commission, subject to proof by the defendant of any costs
      Council of 18 September 2000 on end-of life vehicles (OJ           incurred by it.
      L 269, 21.10.2000, p. 34) the United Kingdom of Great
      Britain and Northern Ireland has failed to fulfil its obliga-      The defendant had until 31 August 2002 to submit a claim for
      tions under the Directive and in particular its                    costs, together with the necessary technical report in support
      Article 10 (1) and under the Treaty establishing the               of such a claim. The defendant did not do so and therefore has
      European Community.                                                forfeited its right to make a claim for any costs incurred in
                                                                         relation to the project and it thus has no right to claim a
2)    order the United Kingdom of Great Britain and Northern             deduction from the advance payment in respect of such a
      Ireland to pay the costs.                                          claim.
Pleas in law and main arguments
The period within which the directive had to be transposed
expired on 21 April 2002.
                                                                         Action brought on 3 July 2003 by the Commission of the
                                                                           European Communities against the Kingdom of Belgium
                                                                                                 (Case C-287/03)
Action brought on 26 June 2003 by the Commission of                                              (2003/C 200/36)
the European Communities against Implants (Interna-
                             tional) Ltd
                                                                         An action against the Kingdom of Belgium was brought before
                         (Case C-279/03)                                 the Court of Justice of the European Communities on 3 July
                                                                         2003 by the Commission of the European Communities,
                         (2003/C 200/35)                                 represented by M. Patakia and N.B. Rasmussen, acting as
                                                                         Agents, with an address for service in Luxembourg.
An action against Implants (International) Ltd was brought               The Commission of the European Communities claims that the
before the Court of Justice of the European Communities on               Court should:
26 June 2003 by the Commission of the European Commu-
nities, represented by R. Lyal and C. Giolito, acting as agents,         1.    declare that, by applying in a discriminatory and dispro-
with an address for service in Luxembourg.                                     portionate manner the conditions of ‘similarity’ and ‘sole
                                                                               vendor’ as between products and services acquired by a
The Applicant claims that the Court should:                                    consumer, on the one hand, and products and services
                                                                               offered free of charge or at reduced prices in the context
—     order the defendant to pay the applicant the sum of                      of a customer loyalty programme, on the other hand, as a
      EUR 294 958,51 (two hundred and ninety four thousand,                    prior condition for the operation of such a programme as
      nine hundred and fifty eight Euros and fifty one Cents),                 a cross-border provision of services between undertakings,
      corresponding to EUR 284 000 as the amount due and                       the Kingdom of Belgium has failed to fulfil its obligations
      EUR 10 958,51 as late payment interest;                                  under Article 49 of the EC Treaty;
 ---pagebreak--- 23.8.2003            EN                        Official Journal of the European Union                                      C 200/21
2.    order the Kingdom of Belgium to pay the costs.                   Furthermore, and in any event, those conditions are dispropor-
                                                                       tionate. Therefore, the need to protect the consumer and fair
                                                                       trading can no longer be relied upon.
Pleas in law and main arguments                                               Removal from the register of Case C-193/02 (1)
                                                                                               (2003/C 200/37)
Application of the conditions as to ‘similarity’ and being the
same vendor, as referred to by the Belgian Law on commercial           By order of 4 March 2003 the President of the Court of Justice
practice and consumer information and protection, in so far as         of the European Communities ordered the removal from the
concerns the operation of a customer loyalty scheme as a               register of Case C-193/02: Kingdom of the Netherlands v
cross-border provision of services, produces arbitrary or even         Commission of the European Communities.
discriminatory effects, because the conditions are very widely
avoided in practice by undertakings established in Belgium
having their own distribution network with points of sale.             (1) OJ C 191 of 10.08.2002.