CELEX: C2003/264/22
Language: en
Date: 2003-11-01 00:00:00
Title: Judgment of the Court (Second Chamber) of 11 September 2003 in Case C-22/02: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Failure to implement Directive 1999/94/EC)

1.11.2003               EN                           Official Journal of the European Union                                              C 264/13
the Member States under the Guarantee Section of the                         D.A.O. Edward, A. La Pergola, P. Jann, V. Skouris, F. Macken,
European Agricultural Guidance and Guarantee Fund (EAGGF)                    N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas
(OJ 2001 L 200, p. 28) in so far as it concerns the Kingdom of               (Rapporteur), Judges; F.G. Jacobs, Advocate General; H.A. Rühl,
Spain, the Court (First Chamber), composed of: M. Wathelet,                  Principal Administrator, for the Registrar, has given a judgment
President of the Chamber, P. Jann and A. Rosas (Rapporteur),                 on 9 September 2003, in which it:
Judges; C. Stix-Hackl, Advocate General; H. von Holstein,
Deputy Registrar, has given a judgment on 11 September
                                                                             1.    Dismisses the appeal;
2003, in which it:
                                                                             2.    Orders Ms Kik to pay the costs;
1.    Dismisses the application;
                                                                             3.    Orders the Hellenic Republic, the Kingdom of Spain, the
2.    Orders the Kingdom of Spain to pay the costs.                                Council of the European Union and the Commission of the
                                                                                   European Communities to bear their own costs.
(1) OJ C 303 of 27.10.2001.
                                                                             (1) OJ C 331 of 24.11.2001.
                 JUDGMENT OF THE COURT                                                        JUDGMENT OF THE COURT
                      of 9 September 2003                                                            (Second Chamber)
in Case C-361/01 P: Christina Kik v Office for Harmonis-                                           of 11 September 2003
ation in the Internal Market (Trade Marks and Designs)
                             (OHIM) (1)
                                                                             in Case C-22/02: Commission of the European Communi-
                                                                                                  ties v Italian Republic (1)
(Regulation (EC) No 40/94 — Article 115 — Rules in force
governing languages at the Office for Harmonisation in the
                                                                             (Failure of a Member State to fulfil obligations — Failure to
Internal Market (Trade Marks and Designs) (OHIM) — Plea
        of illegality — Principle of non-discrimination)                                    implement Directive 1999/94/EC)
                                                                                                       (2003/C 264/22)
                         (2003/C 264/21)
                                                                                                 (Language of the case: Italian)
                    (Language of the case: Dutch)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                          in the European Court Reports)
                   in the European Court Reports)
                                                                             In Case C-22/02, Commission of the European Communities
In Case C-361/01 P, Christina Kik (represented by E. H. Pijnack-             (Agents: G. Valero Jordana and R. Amorosi) v Italian Republic
er Hordijk and S. B. Noë): Appeal against the judgment of the                (Agent: I.M. Braguglia, assisted by A. De Stefano): Application
Court of First Instance of the European Communities in Case                  for a declaration that, by failing to adopt or, in any event, to
T-120/99 Kik v OHIM [2001] ECR II-2235, seeking to have                      communicate to the Commission the laws, regulations and
that judgment set aside, the other parties to the proceedings                administrative provisions necessary to comply with Directive
being: Office for Harmonisation in the Internal Market (Trade                1999/94/EC of the European Parliament and of the Council of
Marks and Designs) (OHIM) (Agents: A. von Mühendahl,                         13 December 1999 relating to the availability of consumer
O. Montalto and J. Miranda de Sousa) supported by Com-                       information on fuel economy and CO2 emissions in respect of
mission of the European Communities (Agents: W. Wils and                     the marketing of new passenger cars (OJ 2000 L 12, p. 16),
N. Rasmussen), Hellenic Republic (Agents: A. Samoni-Rantou                   the Italian Republic has failed to fulfil its obligations under
and S. Vodina), Kingdom of Spain (Agent: S. Ortiz Vaamonde)                  that directive, the Court (Second Chamber), composed of:
and Council of the European Union (Agent: G. Houttuin and                    R. Schintgen, President of the Chamber, V. Skouris and
A. Lo Monaco), the Court, composed of: G.C. Rodríguez                        N. Colneric (Rapporteur), Judges; F.G. Jacobs, Advocate Gen-
Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen             eral; R. Grass, Registrar, has given a judgment on 11 September
and C.W.A. Timmermans, Presidents of Chamber, C. Gulmann,                    2003, in which it:
 ---pagebreak--- C 264/14                   EN                           Official Journal of the European Union                                             1.11.2003
1.    Declares that, by failing to adopt the laws, regulations and              1.    Compliance with the prohibition of indirect discrimination on
      administrative provisions necessary to comply with Directive                    grounds of sex is a condition governing the legality of all
      1999/94/EC of the European Parliament and of the Council                        measures adopted by the Community institutions.
      of 13 December 1999 relating to the availability of consumer
      information on fuel economy and CO2 emissions in respect of               2.    Examination of Question 1 has failed to disclose any factor
      the marketing of new passenger cars, the Italian Republic has                   capable of affecting the validity of the provision contained in
      failed to fulfil its obligations under that directive;                          Article 5(1) of Council Directive 86/457/EEC of 15 September
                                                                                      1986 on specific training in general medical practice and
2.    Orders the Italian Republic to pay the costs.                                   Article 34(1) of Council Directive 93/16/EEC of 5 April
                                                                                      1993 to facilitate the free movement of doctors and the mutual
(1) OJ C 68 of 16.3.2002.
                                                                                      recognition of their diplomas, certificates and other evidence of
                                                                                      formal qualifications, according to which part-time training in
                                                                                      general medical practice must include a certain number of
                                                                                      periods of full-time training.
                                                                                (1) OJ C 97 of 20.4.2002.
                  JUDGMENT OF THE COURT
                         of 9 September 2003
in Case C-25/02 (Reference for a preliminary ruling
from the Bundesverwaltungsgericht): Katharina Rinke v
                     Ärztekammer Hamburg (1)                                                      JUDGMENT OF THE COURT
(Equal treatment for men and women — Directives 86/457/
                                                                                                        of 9 September 2003
EEC and 93/16/EEC — Obligation to undertake certain
periods of full-time training during part-time training in
                       general medical practice)                                in Case C-151/02 (Reference for a preliminary ruling from
                                                                                the Landesarbeitsgericht Schleswig-Holstein): Landes-
                             (2003/C 264/23)                                                  hauptstadt Kiel v Norbert Jaeger (1)
                     (Language of the case: German)                             (Social policy — Protection of the safety and health of
                                                                                workers — Directive 93/104/EC — Concepts of ‘working
(Provisional translation; the definitive translation will be published          time’ and ‘rest period’ — On-call service (‘Bereitschafts-
                     in the European Court Reports)                                         dienst’) provided by doctors in hospitals)
                                                                                                           (2003/C 264/24)
In Case C-25/02: Reference to the Court under Article 234 EC
by the Bundesverwaltungsgericht (Germany) for a preliminary                                         (Language of the case: German)
ruling in the proceedings pending before that court between
Katharina Rinke and Ärztekammer Hamburg on the interpret-
ation of Article 5 of Council Directive 86/457/EEC of 15 Sep-                   (Provisional translation; the definitive translation will be published
tember 1986 on specific training in general medical practice                                        in the European Court Reports)
(OJ 1986 L 267, p. 26) and Article 34 of Council Directive 93/
16/EEC of 5 April 1993 to facilitate the free movement of
doctors and the mutual recognition of their diplomas, certifi-
cates and other evidence of formal qualifications (OJ 1993                      In Case C-151/02: Reference to the Court under Article 234
L 165, p. 1), and on the compatibility of those provisions with                 EC by the Landesarbeitsgericht Schleswig-Holstein (Germany)
the prohibition of indirect discrimination on grounds of sex as                 for a preliminary ruling in the proceedings pending before that
laid down in Council Directive 76/207/EEC of 9 February 1976                    court between Landeshauptstadt Kiel and Norbert Jaeger
on the implementation of the principle of equal treatment for                   on the interpretation of Council Directive 93/104/EC of
men and women as regards access to employment, vocational                       23 November 1993 concerning certain aspects of the organis-
training and promotion, and working conditions (OJ 1976                         ation of working time (OJ 1993 L 307, p. 18) and, in particular,
L 39, p. 40), the Court, composed of: G.C. Rodríguez Iglesias,                  Articles 2(1) and (3) thereof, the Court, composed of: G.C. Ro-
President, J.-P. Puissochet, M. Wathelet, R. Schintgen and                      dríguez Iglesias, President, M. Wathelet, R. Schintgen (Rappor-
C.W.A. Timmermans (Presidents of Chambers), C. Gulmann,                         teur) and C.W.A. Timmermans, Presidents of Chambers,
D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur), V. Skouris,                 C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris, F. Macken,
F. Macken, N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and                   N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and A. Rosas,
A. Rosas, Judges; L.A. Geelhoed, Advocate General;                              Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl,
M.-F. Contet, Principal Administrator, for the Registrar, has                   Principal Administrator, for the Registrar, has given a judgment
given a judgment on 9 September 2003, in which it has ruled:                    on 9 September 2003, in which it has ruled: