CELEX: C2004/021/49
Language: en
Date: 2004-01-24 00:00:00
Title: Case C-503/03: Action brought on 27 November 2003 by the Commission of the European Communities against the Kingdom of Spain

C 21/26                  EN                       Official Journal of the European Union                                         24.1.2004
The applicant claims that the Court should:                               The Commission claims that the Court should:
—     Declare that, by approving Order No 783/98 without                  1.     Declare that, by failing to adopt the laws, regulations
      notifying it at the draft stage, the Portuguese Republic has               and administrative provisions necessary to comply with
      failed to fulfil its obligations under Article 8 of Directive              Directive 2001/12/EC (1) of the European Parliament and
      98/34/EC (1) of the European Parliament and of the                         of the Council of 26 February 2001 amending Council
      Council of 22 June 1998 laying down a procedure for                        Directive 91/440/EEC (2) on the development of the
      the provision of information in the field of technical                     Community’s railways, Directive 2001/13/EC (3) of the
      standards and regulations, in the version in force at the                  European Parliament and of the Council of 26 February
      material time;                                                             2001 amending Council Directive 95/18/EC (4) on the
                                                                                 licensing of railway undertakings and Directive 2001/14/
—     Order the Portuguese Republic to pay the costs.                            EC (5) of the European Parliament and of the Council
                                                                                 of 26 February 2001 on the allocation of railway
                                                                                 infrastructure capacity and the levying of charges for the
                                                                                 use of railway infrastructure and safety certification and,
                                                                                 in any event, by not having communicated them to the
Pleas in law and main arguments                                                  Commission, the Kingdom of Sweden has failed to fulfil
                                                                                 its obligations thereunder; and
Article 2 of the Regulamento da Navegação em Albufeiras                   2.     Order the Kingdom of Sweden to pay the costs.
(Waterway Navigation Regulations) (Order No 783/98 of
19 September 1998) contains technical regulations within the
meaning of Community law. It is a regulatory measure adopted
by the Government of the Portuguese Republic which is de jure
mandatory and which lays down the technical characteristics               Pleas in law and main arguments
(dimensions and power) which pleasure craft must observe in
order to be used in Portugal for pleasure navigation in public
waterways in Portugal, the only exception being the waterways
                                                                          The time-limit for transposition of the directives expired on
in the Douro River. The article thus manifestly applies to
                                                                          15 March 2003.
Portugal or, at least, to a major part of it. Accordingly, the
Portuguese Republic ought, pursuant to Article 8(1) of Direc-
tive 98/34/EC, to have forwarded to the Commission the draft
legislative measure which was adopted by the Portuguese                   (1 ) OJ 2001 L 75, p. 1.
Government as Order No 783/98.                                            (2 ) Of 29 July 1991 (OJ 1991 L 237, p. 1).
                                                                          (3 ) OJ 2001 L 75, p. 26.
                                                                          (4 ) Of 19 June 1995 (OJ 1995 L 143, p. 70).
                                                                          (5 ) OJ 2001 L 75, p. 29.
(1) OJ L 204 of 21.7.1998, p. 37.
Action brought on 26 November 2003 by the Com-                            Action brought on 27 November 2003 by the Com-
mission of the European Communities against the                           mission of the European Communities against the
                        Kingdom of Sweden                                                          Kingdom of Spain
                           (Case C-501/03)                                                          (Case C-503/03)
                            (2004/C 21/48)                                                           (2004/C 21/49)
An action against the Kingdom of Sweden was brought                       An action against the Kingdom of Spain was brought before
before the Court of Justice of the European Communities on                the Court of Justice of the European Communities on 27 No-
26 November 2003 by the Commission of the European                        vember 2003 by the Commission of the European Communi-
Communities, represented by W. Wils and K. Simonsson,                     ties, represented by Carmel O’Reilly and Luis Escobar Guerrero,
acting as Agents, with an address for service in Luxembourg.              acting as Agents, with an address for service in Luxembourg.
 ---pagebreak--- 24.1.2004              EN                          Official Journal of the European Union                                              C 21/27
The applicant claims that the Court should:                                The Spanish authorities have failed to fulfil the obligations
                                                                           deriving from Directive 64/221/EEC since, having established
                                                                           that the persons concerned are included in the SIS reporting
1.    Declare that (i) by rejecting a visa application for the             list and that they are covered by Community law, they
      entry into Spanish territory of two persons, both nationals          concluded automatically, and without carrying out an individ-
      of third countries (or of non-member countries), who are             ual assessment, that entry into Spanish territory and the visa
      members of a family of citizens of the European Union,               application had to be refused, and failed to carry out the
      on the sole ground that they are included in the national            necessary checks to ascertain whether that inclusion in the
      reporting list in the Schengen Information System of                 reporting list was well-founded as regards the requirements of
      persons not to be permitted entry (at the request of a               Community law.
      Member State) and, (ii) for failing to give adequate reasons
      for the refusal of the visa applications and entry, the
      Kingdom of Spain has failed to fulfil its obligations under          (1) OJ, English Special Edition Series I, Chapter 1963-1964, p. 117.
      Articles 1, 2, 3 and 6 of Directive 64/221/EEC of
      25 February 1964 (1) on the co ordination of special
      measures concerning the movement and residence of
      foreign nationals which are justified on grounds of public
      policy, public security or public health;
2.    Order the Kingdom of Spain to pay the costs.                         Action brought on 27 November 2003 by the Com-
                                                                           mission of the European Communities against the French
                                                                                                         Republic
                                                                                                     (Case C-504/03)
Pleas in law and main arguments                                                                       (2004/C 21/50)
                                                                           An action against the French Republic was brought before the
Directive 64/221/EEC constitutes the Community                             Court of Justice of the European Communities on 27 Novem-
implementing legislation on the movement and residence (for                ber 2003 by the Commission of the European Communities,
persons covered by Community law or citizens of a non-                     represented by J.-P. Keppenne and V. Di Bucci, acting as
member country who are members of a family of Community                    Agents, with an address for service in Luxembourg.
citizens); it precludes the inclusion of those persons in the
national reporting list of citizens not to be permitted entry
pursuant to Article 96 of the Convention implementing the                  The Commission of the European Communities claims that
Schengen Agreement, since the result of inclusion is as a rule             the Court should:
that all the Member States which apply the Schengen acquis
must refuse the person concerned entry to their territory.                 1.    declare that, by failing to bring into force within the
                                                                                 period prescribed for that purpose the measures necessary
                                                                                 to ensure reimbursement by Bull of the cash advance,
                                                                                 including interest, in accordance with Commission
                                                                                 Decision 2003/599/EC concerning the cash advance
Access by a citizen of the Union or of a third country who is a                  granted by France to Bull (notified under document
family member of a Community citizen to the territory of a                       number C(2002) 4366) (1), the French Republic has failed
Member State may be refused entry on grounds of public                           to fulfil its obligations under the fourth paragraph of
policy only when the person concerned represents a present,                      Article 249 EC and Articles 2 and 3 of the decision;
genuine and sufficiently serious threat, affecting a fundamental
interest of society. Facts constituting a threat to public policy
                                                                           2.    order the French Republic to pay the costs.
within the usual Community law meaning (Directive 64/221/
EEC) cannot be treated in the same way as facts constituting
such a threat within the meaning of Article 96(2) of the
Convention implementing the Schengen Agreement. In the
present case, the inclusion in the Schengen Information System             Pleas in law and main arguments
(SIS) at the request of Germany cannot constitute on its own a
sufficient indication of a genuine and serious threat to public
policy, given that on one hand the grounds for that inclusion              The French Republic has not taken any measures to comply
are not known, and on the other hand the parties concerned                 with the decision of 13 November 2002 and has not informed
legally reside in the territory of a Member State, which                   the Commission in due time of any proposals for alternative
constitutes evidence that there is no threat of that kind.                 measures.