CELEX: C2003/304/18
Language: en
Date: 2003-12-13 00:00:00
Title: Case C-410/03: Action brought on 1 October 2003 by the Commission of the European Communities against the Italian Republic

13.12.2003             EN                       Official Journal of the European Union                                         C 304/13
(5) Must the term ‘offering’ in the provisions referred to in           Pleas in law and main arguments
     Question (1) be construed as also meaning the offering
     (for sale) of original branded goods (bearing a trade mark
     within the meaning of the directive, the UBL and/or                The period for transposition of the directive expired on 30 June
     Regulation 40/94) which are stored in a customs office             2002.
     or warehouse within the territory of a Member State,
     which have not been introduced into the EEA by the
                                                                        (1) OJ 2000 L 14 of 20.1.2000, p. 29.
     proprietor of the trade mark or with his consent, which
     come from outside the EEA and which have the status of
     non-Community goods (for example, T 1 or AAD), in the
     circumstances set out above in Questions (3) and (4)?
(6) With which of the parties does the burden of proof rest
     as regards the acts mentioned above under (1), (2) and             Action brought on 30 September 2003 by the Italian
     (5)?                                                               Republic against the Commission of the European Com-
                                                                                                    munities
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the                                 (Case C-430/03)
    Community trade mark (OJ L 11 of 14.1.1994, p. 1).
                                                                                                (2003/C 304/19)
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of Justice of the European
                                                                        Communities on 30 September 2003 by the Italian Republic
                                                                        represented by Ivo M. Braguglia, acting as Agent and Maurizio
                                                                        Fiorilli, Avvocato dello Stato.
Action brought on 1 October 2003 by the Commission
of the European Communities against the Italian Republic                The applicant claims that the Court should:
                                                                        annul Commission Decision C(2003) 2587 def. of 22 July
                         (Case C-410/03)                                2003 in so far as it excludes from Community financing the
                                                                        following entries:
                         (2003/C 304/18)                                a)    Fruit and vegetables — ITALY — 1515 — Flat-rate
                                                                              corrections of 5 % (2000/2001) and 10 % (1999/2000)
                                                                              for shortcomings in controls: EUR 22 251 827,08
                                                                        b)    Olive oil, fibre plants and seed — ITALY —1210 —
                                                                              Flat-rate correction of 2 % for shortcomings in the
An action against the Italian Republic was brought before the
                                                                              management and effectiveness of controls: EUR
Court of Justice of the European Communities on 1 October
                                                                              13 048 335,00.
2003 by the Commission of the European Communities
represented by Karen Banks and Knut Simonsson, acting as
Agents.
                                                                        Pleas in law and main arguments
The applicant claims that the Court should:                             The applicant submits that the flat-rate corrections concerning
                                                                        the system of aid for the processing of tomatoes and the flat-
—    declare that, by failing to adopt the laws, regulations            rate correction concerning the system of production aid for
     and administrative provisions necessary to comply with             olive oil, notified by Commission Decision 2003/536/EC (1) of
     Directive 1999/95/EC (1) of the European Parliament and            22 July 2003 (notified under document number C(2003)
     of the Council of 13 December 1999 concerning the                  2587) are unlawful in so far as they are based on inadequate
     enforcement of provisions in respect of seafarers’ hours           investigation and in breach of the rules of co-operation in
     of work on board ships calling at Community ports or               good faith. According to the applicant, the financial corrections
     by failing to communicate those provisions to the                  should therefore be annulled.
     Commission, the Italian Republic has failed to fulfil its
     obligations under that directive;                                  (1) OJ 2003 L 184 of 23.7.2003, p. 42.
—    order the Italian Republic to pay the costs.