CELEX: C1999/188/13
Language: en
Date: 1999-07-03 00:00:00
Title: Case C-99/99: Action brought on 17 March 1999 by the Italian Republic against the Commission of the European Communities

C 188/6                EN                    Official Journal of the European Communities                                       3.7.1999
Action brought on 9 December 1998 by Antillean Rice                     Action brought on 17 March 1999 by the Italian Republic
Mills NV, supported by the Kingdom of the Netherlands,                    against the Commission of the European Communities
against the Council of the European Union, supported
by the Commission of the European Communities, the
Kingdom of Spain, the French Republic and the Italian                                            (Case C-99/99)
                              Republic
                                                                                                (1999/C 188/13)
                         (Case C-451/98)
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of Justice of the European
                         (1999/C 188/11)                                Communities on 17 March 1999 by the Italian Republic,
                                                                        represented by Umberto Leanza, acting as Agent, assisted by
                                                                        Oscar Fiumara, Avvocato dello Stato, with an address for
                                                                        service in Luxembourg at the Italian Embassy, 5 Rue Marie-
An action was brought before the Court of Justice of the                Adelaïde.
European Communities on 9 December 1998 which Antillean
Rice Mills NV had previously brought before the Court of First
Instance. That action, registered under case number T-41/97,            The applicant claims that the Court should:
resulted in a declaration of inadmissibility and the Court of
First Instance has referred the case to the Court of Justice in
order that the latter Court may rule on the application for             — Annul Commission Regulation No 2815/98 (1) or at least
annulment.                                                                   Articles 1, 2(1) and the third subparagraph of 2(2), the
                                                                             third subparagraph of Article 3(2), and Article 3(3);
The pleas in law and main arguments are set out in a communi-           — Order the Commission of the European Communities to
cation in OJ C 108 of 5 April 1997, p. 23.                                   pay the costs.
                                                                        Pleas in law and main arguments
                                                                        1.     The regulation does not state the legal basis on which it
                                                                        was adopted.
                                                                        2.     The regulation provides for the protection only of extra
Action brought on 9 December 1998 by the Netherlands                    virgin and virgin olive oil. That restriction is unjustified and
Antilles against the Council of the European Union,                     unacceptable. Olive oil, too, (other than extra virgin or virgin
supported by the Commission of the European Communi-                    olive oil) possesses or may possess characteristics which
                ties and the Kingdom of Spain                           vary according to its geographical origin. Sound and proper
                                                                        protection of the product and the consumer requires that
                                                                        designation of origin of that product should be made possible.
                         (Case C-452/98)
                                                                        3.     The criterion applied to define the geographical origin of
                         (1999/C 188/12)                                the product is unacceptable. It is identified by reference to the
                                                                        place where the mill in which the olives were pressed is
                                                                        located, without taking any account of the place where the
                                                                        olives themselves were produced.
An action was brought before the Court of Justice of the
European Communities on 9 December 1998 which the
Netherlands Antilles had previously brought before the Court
of First Instance. That action, registered under case number            4.     The regulation makes an exception of the names of
T-179/97, resulted in a declaration of inadmissibility and the          brands or firms whose registration was applied for before
Court of First Instance has referred the case to the Court of           1 January 1999 purportedly in accordance with the relevant
Justice in order that the latter Court may rule on the application      directive. Not only does the regulation, unlike the directive,
for annulment.                                                          make no to reference to good faith, it also makes it possible to
                                                                        apply for registration even after publication of the regulation,
                                                                        thus legitimizing out and out abuses.
The pleas in law and main arguments are set out in a communi-
cation in OJ C 228 of 26 July 1997, p. 25.
                                                                        (1) OJ 1998 L 349, p. 56.