CELEX: C2003/213/44
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-315/03: Action brought on 23 July 2003 by the Commission of the European Communities against Huhtamaki Dourdan SA

C 213/24              EN                        Official Journal of the European Union                                        6.9.2003
Action brought on 23 July 2003 by the Commission of                     Action brought on 24 July 2003 by the Commission of
the European Communities against Huhtamaki Dourdan                                the European Communities against Ireland
                                SA
                                                                                                 (Case C-322/03)
                        (Case C-315/03)
                                                                                                 (2003/C 213/45)
                        (2003/C 213/44)
                                                                        An action against Ireland was brought before the Court of
                                                                        Justice of the European Communities on 24 July 2003 by the
                                                                        Commission of the European Communities, represented by
                                                                        Nicola Yerrell, acting as agent, with an address for service in
An action against Huhtamaki Dourdan SA was brought before               Luxembourg.
the Court of Justice of the European Communities on 23 July
2003 by the Commission of the European Communities,
represented by C. Giolito, acting as Agent, with an address for         The Applicant claims that the Court should:
service in Luxembourg.
                                                                        a)    find that Ireland has failed its obligations under the EC
                                                                              Treaty by failing to adopt the laws, regulations and
                                                                              administrative provisions necessary to comply with
The Commission of the European Communities claims that
                                                                              Council Directive 1999/63/EC of 21st June 1999 con-
the Court should order the defendant:
                                                                              cerning the Agreement on the organisation of working
                                                                              time of seafarers concluded by the European Shipowners’
1.    to pay the applicant a sum of EUR 162 342,42 (One                       Association (ECSA) and the Federation of Transport
      hundred and sixty-two thousand three hundred and                        Workers’ Unions in the European Union (FST) (1), or by
      forty-two euros and forty-two cents) corresponding to                   failing to ensure that management and labour have
      EUR 151 433,47 in respect of the principal and to                       introduced the necessary measures by agreement, and/or
      EUR 10 808,95 in respect of accrued interest for delay                  by failing to inform the Commission thereof; and
      up to 6 June 2003;
                                                                        b)    condemn Ireland to bear the costs of the procedure.
2.    to pay EUR 28,27 (Twenty-eight euros and twenty-seven
      cents) per day in respect of interest accrued at the same
      rate from 6 June 2003 until payment in full;                      Pleas in law and main arguments
3.    to pay the costs of this case.
                                                                        The period within which the directive had to be transposed
                                                                        expired on 30 June 2002.
                                                                        (1 ) OJ L 167, 02.07.1999, p. 33.
Pleas in law and main arguments
The court with jurisdiction in this case is the Court of Justice,
notwithstanding the wording of the arbitration clause since
that cannot have been intended to change or have the effect of
changing the division of jurisdiction between the Court of              Action brought on 28 July 2003 by the Commission of
Justice and the Court of First Instance as provided for by the           the European Communities against the French Republic
Treaty.
                                                                                                 (Case C-331/03)
In refusing to produce the evidence of costs requested by the                                    (2003/C 213/46)
Commission, the defendant has failed to fulfil its obligation
under the contract concluded pursuant to the provisions of
the specific programme for research and development in the
field of industrial and materials technologies and is liable to         An action against the French Republic was brought before the
repay the amount of the advance to the Commission.                      Court of Justice of the European Communities on 28 July
                                                                        2003 by the Commission of the European Communities,
                                                                        represented by M. Konstantinidis and F. Simonetti, acting as
                                                                        Agents, with an address for service in Luxembourg.