CELEX: C2002/323/37
Language: en
Date: 2002-12-21 00:00:00
Title: Case C-385/02: Action brought on 28 October 2002 by the Commission of the European Communities against the Italian Republic

21.12.2002               EN                    Official Journal of the European Communities                                     C 323/25
Action brought on 1 October 2002 by the Commission                        Reference for a preliminary ruling by the Korkein hallin-
of the European Communities against the Kingdom of the                    to-oikeus by order of that Court of 10 October 2002 in
                            Netherlands                                                      the case of Marie Lindfors
                                                                                                    (Case C-365/02)
                          (Case C-350/02)
                                                                                                    (2002/C 323/36)
                          (2002/C 323/35)
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by order of the Korkein hallinto-
                                                                          oikeus (Supreme Administrative Court) of 10 October 2002,
An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities                   received at the Court Registry on 14 October 2002, for a
                                                                          preliminary ruling in the case of Marie Lindfors on the
on 1 October 2002 by the Commission of the European
                                                                          following question:
Communities, represented by M. Shotter and W. Wils, acting
as Agents.
                                                                          Is Article 1 of Directive 83/183/EEC on tax exemptions
                                                                          applicable to permanent imports from a Member State of the
                                                                          personal property of individuals (1) to be interpreted as mean-
The applicant claims that the Court should:                               ing that the autovero (car tax) charged under the Autoverolaki
                                                                          on a vehicle imported into Finland from another Member State
1.    Declare that, by failing to adopt all the laws, regulations         in connection with a transfer of residence is a consumption
      and administrative provisions required to transpose                 tax within the meaning of Article 1(1) of the directive, or is
      Articles 6 and 9 of Directive 97/66/EC ( 1) of the European         such autovero a specific duty or tax connected with the use of
      Parliament and of the Council of 15 December 1997                   such property within the country within the meaning of
      concerning the processing of personal data and the                  Article 1(2)?
      protection of privacy in the telecommunications sector
      into national law, or in any event by failing to forward            (1 ) OJ L 105 of 23 April 1983, p. 64.
      those provisions to the Commission, the Kingdom of the
      Netherlands has failed to fulfil its Treaty obligations;
2.    Order the Kingdom of the Netherlands to pay the costs.
                                                                          Action brought on 28 October 2002 by the Commission
                                                                          of the European Communities against the Italian Republic
Pleas in law and main arguments
                                                                                                    (Case C-385/02)
Incomplete transposition of Article 6 of Directive 97/66/EC:                                        (2002/C 323/37)
the Netherlands legislation, in particular Article 11.5 of
the Telecommunicatiewet (Telecommunications Law), requires
only that the traffic data referred to in the secondary law be
erased or made anonymous. This provision will be in accord-               An action against the Italian Republic was brought before the
ance with the Directive only if the relevant secondary legis-             Court of Justice of the European Communities on 28 October
lation contains an exhaustive citation of all traffic data apart          2002 by the Commission of the European Communities,
from those referred to in Article 6(2) and (3) of the Directive.          represented by Klaus Wiedner and Roberto Amorosi, acting as
The Commission has not as yet received any notification of                Agents.
provisions of secondary legislation with such an exhaustive
citation.
                                                                          The applicant claims that the Court should:
                                                                          —     Declare that the Italian Republic has failed to fulfil its
Article 9(a) of the Directive (tracing of malicious or nuisance                 obligations under Council Directive 93/37/EEC (1) of
calls) has not been transposed, as the Netherlands authorities                  14 June 1993 concerning the coordination of procedures
have acknowledged.                                                              for the award of public works contracts, in particular
                                                                                Article 7(3) thereof, when the Magistrato per il Po di
                                                                                Parma, a department of the Ministry of Public Works
( 1) OJ 1998 L 24, p. 1.                                                        (now the Ministry for Infrastructure and Transport),
                                                                                awarded the contracts for work on the construction and
                                                                                completion of an expansion basin to hold spate waters of
                                                                                the River Parma in the area of Marano in the Parma
 ---pagebreak--- C 323/26               EN                     Official Journal of the European Communities                                     21.12.2002
      municipal district, for the completion of an expansion             Action brought on 6 November 2002 by the Commission
      basin for the River Enza and for controlling spate                 of the European Communities against the Hellenic Repub-
      waters in the river Terdoppio-Canale Scolmatore to the                                                lic
      southwest of Cerano by means of a negotiated procedure
      which was not preceded by the publication of a tender
      notice when there no budgetary resources were available;                                      (Case C-390/02)
                                                                                                    (2002/C 323/38)
—     Order the Italian Republic to pay the costs.
                                                                         An action against the Hellenic Republic was brought before the
                                                                         Court of Justice of the European Communities on 6 November
                                                                         2002 by the Commission of the European Communities,
Pleas in law and main arguments                                          represented by Georgios Zavvos, of its Legal Service.
                                                                         The Commission claims that the Court should:
According to the Commission the negotiated procedure, which
was not preceded by the publication of a tender notice,
                                                                         —     declare that, by failing to adopt or, in the alternative, to
adopted by the Magistrato del Po di Parma when awarding
                                                                               notify to the Commission, within the time-limit laid
contracts relating to the completion of the abovementioned
                                                                               down, the laws, regulations and administrative provisions
work, does not conform with the requirements of Directive
                                                                               necessary to comply fully with Directive 99/42/EC (1) of
93/37/EC.
                                                                               the European Parliament and of the Council of 7 June
                                                                               1999 establishing a mechanism for the recognition of
                                                                               qualifications in respect of the professional activities
                                                                               covered by the directives on liberalisation and transitional
First, the Commission points out that the aforementioned                       measures and supplementing the general systems for the
awards, although described by the awarding authority as                        recognition of qualifications, the Hellenic Republic has
‘concessions solely for construction work’, must in actual fact                failed to fulfil its obligations under the EC Treaty;
be regarded as public works contracts.
                                                                         —     order the Hellenic Republic to pay the costs.
Article 1(d) of the directive defines ‘public works concession’
as a public works contract except for the fact that the
consideration for the works to be carried out consists either            Pleas in law and main arguments
solely in the right to exploit the construction or in this right
together with payment.
                                                                         In accordance with the third paragraph of Article 249 EC,
                                                                         directives are binding, as to the result to be achieved, upon
                                                                         each Member State to which they are addressed.
In the present case, however, the persons undertaking the
works have not been accorded any rights in the exploitation              Under the first paragraph of Article 10 EC, Member States are
of those works, so that the awards in question must be                   to take all appropriate measures, whether general or particular,
regarded as public works contracts, which is not disputed by
                                                                         to ensure fulfilment of the obligations arising out of the Treaty
the Italian authorities.                                                 or resulting from action taken by the institutions of the
                                                                         Community.
Secondly, the Commission points out that Article 6 of the                It is not disputed by the Hellenic Republic that it must adopt
directive provides that it applies to public works contracts             measures to comply with the abovementioned directive.
whose estimated value, including VAT, is EUR 5 000 000 or
greater. Thus, in view of the fact that the value of the contracts
in question exceeds the abovementioned threshold, they were              The Commission records that until now the Hellenic Republic
subject to the requirements of the directive.                            has not adopted the appropriate measures for the full incorpor-
                                                                         ation of the directive at issue into Greek law or, of course,
                                                                         notified such measures to the Commission.
( 1) OJ 1993 L 199, p. 54 .
                                                                         (1 ) OJ L 201, 31.7.1999, p. 77.