CELEX: C2003/213/34
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-296/03: Reference for a preliminary ruling by the Conseil d'État, Section d'Administration by judgment of that Court of 27 June 2003 in the case of Société Anonyme GlaxoSmithKline against Belgian State

C 213/20               EN                     Official Journal of the European Union                                          6.9.2003
Pleas in law and main arguments                                       2003 by the Commission of the European Communities,
                                                                      represented by M. van Beek and G. Valero Jordana, acting as
The appellants plead that the Court erred in finding that the         Agents, with an address for service in Luxembourg.
damage which they alleged arose from the fact of not
managing to import ACP bananas. In truth, the appellants
were complaining that in 1999 and 2000 they had not                   The applicant claims that the Court should:
obtained certificates to import bananas from non-member
countries despite their right to do so under their reference          1.    declare that, by failing to bring into force the laws,
quantity based exclusively on imports of bananas from non-                  regulations and administrative provisions needed in order
member countries. The appellants submit that the Court failed               to comply with Council Directive 1999/22/EC (1) relating
to take account of their arguments in support of their                      to the keeping of wild animals in zoos or, in any event,
application for damages.                                                    by failing to have informed the Commission of any
                                                                            such laws, regulations or administrative provisions, the
                                                                            Kingdom of Spain has failed to fulfil its obligations under
                                                                            that Directive;
                                                                      2.    order the Kingdom of Spain to pay the costs.
Reference for a preliminary ruling by the Conseil d’État,
Section d’Administration by judgment of that Court of
27 June 2003 in the case of Société Anonyme Glaxo-
                SmithKline against Belgian State
                                                                      Pleas in law and main arguments
                         (Case C-296/03)
                                                                      The period within which the directive was to be incorporated
                         (2003/C 213/34)
                                                                      into national law expired on 9 April 2002.
Reference has been made to the Court of Justice of the                (1 ) OJ L 94 of 9.4.1999, p. 24.
European Communities by judgment of the Conseil d’État,
Section d’Administration (Council of State, Administrative
Section) of 27 June 2003, received at the Court Registry on
8 July 2003, for a preliminary ruling in the case of Société
Anonyme GlaxoSmithKline against Belgian State on the fol-
lowing question:
Must the time-limit of 90 days, which may be extended for a
further 90 days, referred to in the first subparagraph of             Action brought on 14 July 2003 by the Commission of
Article 6(1) of Council Directive 89/105/EEC of 21 December             the European Communities against the Italian Republic
1988 relating to the transparency of measures regulating the
prices of medicinal products for human use and their inclusion
in the scope of national health insurance systems (1) be                                        (Case C-302/03)
considered to be a strict time-limit precluding, upon expiry,
the adoption of any decision, even where an initial decision
                                                                                                (2003/C 213/36)
adopted timeously has been annulled?
( 1) OJ L 40 of 11.02.1989, p. 8.
                                                                      An action against the Italian Republic was brought before the
                                                                      Court of Justice of the European Communities on 14 July
                                                                      2003 by the Commission of the European Communities,
                                                                      represented by M. Van Beek and R. Amorosi, acting as Agents.
Action brought on 10 July 2003 by the Commission of
the European Communities against the Kingdom of Spain                 The applicant claims that the Court should:
                         (Case C-298/03)
                                                                      —     find that, by failing to adopt the laws, regulations
                                                                            and administrative provisions necessary to comply with
                         (2003/C 213/35)                                    Council Directive 1999/22/EC (1) of 29 March 1999
                                                                            relating to the keeping of wild animals in zoos or, in any
                                                                            event, by failing to communicate the same to the
An action against the Kingdom of Spain was brought before                   Commission the Italian Republic has failed to fulfil its
the Court of Justice of the European Communities on 10 July                 obligations under Article 9 of that directive;