CELEX: C2002/233/27
Language: en
Date: 2002-09-28 00:00:00
Title: Case C-283/02: Action brought on 25 July 2002 by the Italian Republic against the Commission of the European Communities

28.9.2002              EN                    Official Journal of the European Communities                                          C 233/17
(England & Wales) (Civil Division) dated 5 July 2002, which             Pleas in law and main arguments
was received at the Court Registry on 31 July 2002, for
a preliminary ruling in the case of Andrew Owusu and
1) N. B. Jackson (trading as Villa Holidays Bal-Inn Villas),
2) Mammee Bay Resorts Ltd, 3) Mammee Bay Club Ltd, 4) The               The Italian Government claims that, by adopting the contested
Enchanted Garden Resorts & Spa Ltd, 5) Consulting Services              implementing regulation, the Commission has, de iure,
Ltd, 6) Town & Country Resorts Ltd, on the following                    accorded limited and inconsistent protection to ‘traditional
questions:                                                              terms’, in particular to Italian ‘traditional terms’, contrary to
                                                                        the guiding principles of the rules in the sector, as clarified in
                                                                        the preamble to Council Regulation (EC) No 1493/1999 (2).
(1) Is it inconsistent with the Brussels Convention on Jurisdic-        This has not only prejudiced the efforts directed towards the
      tion and the Enforcement of Judgments 1968, where a               reclassification of Community produce, but also the interests
      Claimant contends that jurisdiction is founded on                 of producers and consumers, as recognised by the Treaty, the
      Article 2, for a court of a Contracting State to exercise a       protection of which constitutes the purpose of the common
      discretionary power, available under its national law, to         agricultural policy and of free competition.
      decline to hear proceedings brought against a person
      domiciled in that State in favour of the courts of a non-
      Contracting State:                                                (1 ) OJ 2002 L 118, p. 1. Commission Regulation (EC) No 753/2002
                                                                             of 29 April 2002 laying down certain rules for applying Council
                                                                             Regulation (EC) No 1493/1999 as regards the description, desig-
      (a)  if the jurisdiction of no other Contracting State                 nation, presentation and protection of certain wine sector prod-
           under the 1968 Convention is in issue;                            ucts (OJ L 118, 4.5.2002, p. 1).
                                                                        (2 ) OJ 1999 L 179, p. 1. Council Regulation (EC) No 1493/1999 of
                                                                             17 May 1999 on the common organisation of the market in wine.
      (b) if the proceedings have no other connecting factors
           to any other Contracting State?
(2) If the answer to question (1)(a) or (1)(b) is yes, is it
      consistent in all the circumstances or only in some and if
      so in which?
                                                                        Action brought on 9 August 2002 by the Kingdom of
                                                                        Spain against the Commission of the European Communi-
                                                                                                          ties
Action brought on 25 July 2002 by the Italian Republic                                            (Case C-287/02)
  against the Commission of the European Communities
                                                                                                  (2002/C 233/28)
                         (Case C-283/02)
                         (2002/C 233/27)
                                                                        An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of Justice of the European
                                                                        Communities on 9 August 2002 by the Kingdom of Spain
                                                                        represented by Lourdes Fraguas Gadea, Abogada del Estado,
An action against the Commission of the European Communi-               with an address for service in Luxembourg at the Spanish
ties was brought before the Court of Justice of the European            Embassy, 4 - 6 Boulevard Emmanuel Servais.
Communities on 25 July 2002 by the Italian Republic,
represented by U. Leanza, acting as Agent and M. Fiorilli,
avvocato dello Stato.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:                             —      annul the contested decision (1) as regards the financial
                                                                               corrections imposed on the Kingdom of Spain and
                                                                               contested by this action;
—     annul Article 24 and, to the extent of the complaints
      advanced to that effect, Annexes A and B of Commission
      Regulation (EC) No 753/2002 ( 1) of 29 April 2002.                —      order the Commission to pay the costs.