CELEX: C2000/355/21
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-365/00: Action brought on 2 October 2000 by the Commission of the European Communities against the Italian Republic

9.12.2000                EN                    Official Journal of the European Communities                                        C 355/11
Must the prohibition of discrimination in the first paragraph             Action brought on 2 October 2000 by the Commission
of Article 12 EC be applied in cases where a foreign author               of the European Communities against the Italian Republic
had already died when the Treaty entered into force in the
State of which he was a national, if otherwise the consequence,
under national law, would be unequal treatment as regards the
term of protection of the foreign author’s works and of those                                      (Case C-365/00)
of a national author who also died before the entry into force
of the Treaty?
                                                                                                  (2000/C 355/21)
                                                                          An action against the Italian Republic was brought before the
                                                                          Court of Justice of the European Communities on 2 October
                                                                          2000 by the Commission of the European Communities,
                                                                          represented by Richard Wainwright, Principal Legal Adviser,
Action brought on 3 October 2000 by the Commission                        and Roberto Amorosi, Magistrato di Tribunale, on secondment
of the European Communities against the Kingdom of the                    to the Legal Service, acting as Agents, with an address for
                             Netherlands                                  service in Luxembourg at the Chambers of Carlos Gómez de
                                                                          la Cruz, Wagner Centre, Kirchberg.
                           (Case C-364/00)
                                                                          The applicant claims that the Court should:
                           (2000/C 355/20)
                                                                          —     declare that, by adopting and keeping in force Article 28
An action against the Kingdom of the Netherlands was brought                    of Law No 128 of 24 April 1998, which makes it a
before the Court of Justice of the European Communities                         requirement that the labels of cosmetic products state
on 3 October 2000 by the Commission of the European                             whether the fragrances or perfume essences contained in
Communities, represented by Th. Van Rijn, Legal Adviser,                        them are of natural or artificial origin, has failed to fulfil
acting as Agent, with an address for service in Luxembourg at                   its obligations under Council Directive 76/768/EEC of
the office of C. Gómez de la Cruz, of the Commission’s Legal                   27 July 1976 on the approximation of the laws of
Service, Wagner Centre, Kirchberg.                                              the Member States relating to cosmetic products (1), as
                                                                                amended for the sixth time by Council Directive
                                                                                93/35/EEC of 14 June 1993 (2), in particular by the third
The applicant claims that the Court should:                                     subparagraph of Article 6(1)(g) of that directive;
—     Declare that, by failing to bring into force within the             —     order the Italian Republic to pay the costs.
      prescribed period the laws, regulations and administrative
      provisions necessary to comply with Council Directive
      97/70/EC (1) of 11 December 1997 setting up a harmon-
      ised safety regime for fishing vessels of 24 metres in
      length and over, the Kingdom of the Netherlands has                 Pleas in law and main arguments
      failed to fulfil its obligations under the Treaty;
                                                                          The Commission argues that, because the Italian law in
—     Order the Kingdom of the Netherlands to pay the costs.              question prevents the free movement within Italian territory
                                                                          of cosmetic products which carry no indication of whether the
                                                                          fragrances or perfume essences contained in them are of
Pleas in law and main arguments                                           natural or artificial origin, that law introduces an additional
                                                                          requirement not contemplated by Directive 76/768/EEC and
                                                                          thus prohibited by it. Furthermore, the Italian authorities
The pleas in law and main arguments are similar to those in               themselves have demonstrated that they are aware of this
Case C-335/00 (2); the period for implementation expired on               matter, albeit that they have shown themselves unable to
1 January 1999.                                                           resolve the problem.
(1) OJ 1998 L 34, pp. 1-29.                                               (1) OJ L 262 of 27.9.1976, p. 169.
(2) OJ C …                                                                (2) OJ L 151 of 23.6.1993, p. 32.