CELEX: C2003/264/40
Language: en
Date: 2003-11-01 00:00:00
Title: Case C-386/03: Action brought on 12 September 2003 by the Commission of the European Communities against the Federal Republic of Germany

1.11.2003                EN                        Official Journal of the European Union                                          C 264/23
Action brought on 10 September 2003 by the Com-                            The Commission claims that the Court should:
mission of the European Communities against the Italian
                              Republic                                     —     declare that, by failing to adopt all the laws, regulations
                                                                                 and administrative provisions necessary to implement
                                                                                 Directive 2000/35/EC of the European Parliament and of
                           (Case C-381/03)
                                                                                 the Council of 29 June 2000 on combating late payment
                                                                                 in commercial transactions (1) or, in any event, by failing
                          (2003/C 264/38)                                        to communicate such provisions to the Commission, the
                                                                                 Kingdom of Spain has failed to fulfil its obligations under
                                                                                 that directive;
An action against the Italian Republic was brought before the              —     order the Kingdom of Spain to pay the costs.
Court of Justice of the European Communities on 10 Septem-
ber 2003 by the Commission of the European Communities,
represented by K. Banks and K. Simonsson, acting as Agents.
                                                                           Pleas in law and main arguments
The applicant claims that the Court should:
                                                                           The time allowed for transposing the directive expired on
                                                                           8 August 2002.
—     find that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with
      Commission Directive 2001/53/EC of 10 July 2001                      (1) OJ L 200 of 8.8.2000, p. 35.
      amending Council Directive 96/98/EC on marine equip-
      ment (1) or, in any event, by failing to communicate the
      same to the Commission, the Italian Republic has failed
      to fulfil its obligations under that directive;
—     order the Italian Republic to pay the costs.
                                                                           Action brought on 12 September 2003 by the Com-
                                                                           mission of the European Communities against the Federal
Pleas in law and main arguments                                                                   Republic of Germany
                                                                                                     (Case C-386/03)
The time-limit for transposing the directive expired on 17 Feb-
ruary 2002.
                                                                                                     (2003/C 264/40)
(1) OJ L 204 of 28.7.2001, p. 1.
                                                                           An action against the Federal Republic of Germany was
                                                                           brought before the Court of Justice of the European Communi-
                                                                           ties on 12 September 2003 by the Commission of the
                                                                           European Communities, represented by M. Huttunen and
                                                                           M. Niejahr of its Legal Service, with an address for service in
                                                                           Luxembourg.
Action brought on 12 September 2003 by the Com-
mission of the European Communities against the                            The Commission of the European Communities claims that
                         Kingdom of Spain                                  the Court should:
                           (Case C-384/03)                                 1.    declare that by adopting measures in Paragraphs 8(2) and
                                                                                 9(3) of the Verordnung über Bodenabfertigungsdienste
                                                                                 auf Flugplätzen (German Regulation concerning
                          (2003/C 264/39)                                        groundhandling services at airports) of 10 December
                                                                                 1997 which are not compatible with Articles 16 and 18
                                                                                 of Council Directive 96/67/EC of 15 October 1996 on
                                                                                 access to the groundhandling market at Community
An action against the Kingdom of Spain was brought before                        airports (1), the Federal Republic of Germany has failed to
the Court of Justice of the European Communities on 12 Sep-                      fulfil its obligations under that directive;
tember 2003 by the Commission of the European Communi-
ties, represented by D. Gregorio Valero Jordana, with an                   2.    order the Federal Republic of Germany to pay the costs
address for service in Luxembourg.                                               of the proceedings.
 ---pagebreak--- C 264/24               EN                         Official Journal of the European Union                                        1.11.2003
Pleas in law and main arguments                                           Communities on 15 September 2003 by the Hellenic Republic,
                                                                          represented by I. Khalkias and E. Svolopoulou, Members of the
                                                                          State Legal Service, with an address for service in Luxembourg
Under Article 18 of Directive 96/67/EC the Member States are              at the Greek Embassy, 27 rue Marie-Adelaïde.
entitled to take measures to protect the rights of workers.
However, such measures must be without prejudice to the
application of that directive, and subject to the other provisions
of Community law. Although Council Directive 2001/23/EC                   The applicant asks the Court to:
of 12 March 2001 on the approximation of the laws of the
Member States relating to the safeguarding of employees’                  —     annul Commission Decision C(2003)2587 excluding
rights in the event of transfers of undertakings, businesses or                 from Community financing certain expenditure incurred
parts of undertakings or businesses (2) does not apply in cases                 by the Member States under the EAGGF — Guarantee
where only a specific share of the market is ‘transferred’ to                   Section, in so far as concerns financial corrections
another undertaking as part of an opening-up of the market,                     chargeable to the Hellenic Republic in the wine, livestock
Paragraph 8(2) of the Verordnung über Bodenabfertigungs-                        premiums and olive oil sectors for the year 1999-2000.
dienste auf Flugplätzen (BADV) authorises the managing body
of an airport to impose a general obligation on new bidders to
take on airport staff, as part of the standard terms for tender
and selection procedures, irrespective of whether there has
been a transfer for the purposes of Directive 2001/23/EC. The             Pleas in law and main arguments
clear effect of Paragraph 8(2) of the BADV is therefore to deter
new undertakings from entering the market and to impede
their competitiveness, thereby reducing the benefits of liberalis-
ation as regards reduction of prices and improvement in the               1.     Infringement of law and of general principles.
quality of services.
                                                                          2. Infringement of the principle of proportionality —
Furthermore, Paragraph 9(3) of the BADV permits the manag-                misuse of discretion.
ing body of an airport to charge higher fees for access to
airport installations in cases where suppliers and selfhandlers
do not take on any staff from the airport operator upon
entering the market. That provision infringes Article 16(3) of            3. Error as to the facts, misassessment of the factual
Directive 96/67/EC which provides that the fee for access to              circumstances, inadequate statement of reasons for the contest-
airport installations is to be determined according to relevant,          ed decision.
objective, transparent and non-discriminatory criteria. The
failure to take on airport staff is not a criterion which meets
any of those requirements. Rather, that provision even enables
                                                                          4. Misinterpretation and misapplication of Article 5(2)(c) of
the airport operator to charge selfhandlers or suppliers of
                                                                          Regulation No 729/70.
services a higher fee for access to airport installations if they
do not take on its staff, and thereby makes it possible for the
airport to discriminate against its direct competitors.
(1) OJ 1996 L 272, p. 36.
(2) OJ 2001 L 82, p. 16.
                                                                          Action brought on 16 September 2003 by the Com-
                                                                          mission of the European Communities against the Italian
                                                                                                     Republic
Action brought on 15 September 2003 by the Hellenic
Republic against the Commission of the European Com-                                              (Case C-392/03)
                             munities
                                                                                                  (2003/C 264/42)
                         (Case C-387/03)
                         (2003/C 264/41)
                                                                          An action against the Italian Republic was brought before the
                                                                          Court of Justice of the European Communities on 16 Septem-
An action against the Commission of the European Communi-                 ber 2003 by the Commission of the European Communities,
ties was brought before the Court of Justice of the European              represented by A. Bordes and L. Visaggio, acting as Agents.