CELEX: C2003/019/38
Language: en
Date: 2003-01-25 00:00:00
Title: Case C-431/02: Action brought on 29 November 2002 by the Commission of the European Communities against the United Kingdom

C 19/22                 EN                      Official Journal of the European Communities                                         25.1.2003
Pleas in law and main arguments                                            Pleas in law and main arguments
The system of quality labels introduced by the Regions of                  Article 10(1) of the Directive, as amended by Council Directive
Abruzzi and Sicily reserves the use of such labels solely to               94/31/EC (2) of 27 June 1994 amending Directive 91/689/EEC
products processed or prepared within those regions which                  on hazardous waste, requires Member States to bring into
comply with mandatory manufacturing rules. The quality of                  force the laws, regulations and administrative provisions
the products concerned is therefore explicitly linked to their             necessary to comply with that Directive by 27 June 1995, and
place of origin in Abruzzi or Sicily, which serves to create in            to inform the Commission forthwith. Article 10(3) of the
the mind of the consumer the impression that products from                 Directive provides that Member States shall communicate to
those regions are of a quality superior to that of others. The             the Commission the texts of the main provisions of national
use of that designation tends therefore to encourage consumers             law which they adopt in the field governed by the Directive.
to purchase such products rather than imported products,
stimulating their sale to the detriment of products from other
Member States.                                                             As a result of an assessment of the national legislation
                                                                           communicated, the Commission found the existence of a
                                                                           number of inconsistencies and gaps in the United Kingdom’s
It follows that the system of quality labels introduced by the             transposition. As the United Kingdom authorities have not
Regions of Abruzzi and Sicily constitutes a barrier to intra-              communicated any amending legislation designed to remedy
Community trade contrary to Article 28 EC.                                 the situation, except for a draft concerning Gibraltar which
                                                                           has not yet been adopted, the Commission concludes that the
                                                                           United Kingdom has failed to transpose correctly Articles 1(4),
                                                                           1(5), 2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)
                                                                           and 5(2) of the Directive.
                                                                           (1 ) OJ L 377, 31.12.1991, p. 20.
                                                                           (2 ) OJ L 168, 2.7.1994, p. 28.
Action brought on 29 November 2002 by the Com-
mission of the European Communities against the United
                              Kingdom
                         (Case C-431/02)
                                                                           Reference for a preliminary ruling by the Ufficio del
                          (2003/C 19/38)                                   Giudice di Pace di Lendinara by order of that Court of
                                                                           29 October 2002 in the case of Dr Lucio Trombin against
                                                                                     Insight World Education Systems Limited
An action against the United Kingdom was brought before the                                         (Case C-432/02)
Court of Justice of the European Communities on 29 Novem-
ber 2002 by the Commission of the European Communities,
represented by Xavier Lewis and Minas Konstantinidis, acting                                         (2003/C 19/39)
as agents, with an address for service in Luxembourg.
The Applicant claims that the Court should:
                                                                           Reference has been made to the Court of Justice of the
                                                                           European Communities by order of the Ufficio del Giudice di
1)    declare that, by failing to adopt all the measures necessary         Pace di Lendinara (Office of the Lendinara Magistrate) of
      to comply with its obligations under Articles 1(4), 1(5),            29 October 2002, received at the Court Registry on 29 Novem-
      2(1), 2(2), 2(4), 3(1), 3(2), 3(3), 3(4), 4(1), 4(2), 4(3), 5(1)     ber 2002, for a preliminary ruling in the case of Dr Lucio
      and 5(2) of Council Directive 91/689/EEC on hazardous                Trombin against Insight World Education Systems Limited on
      waste ( 1), the United Kingdom of Great Britain and                  the following questions:
      Northern Ireland has failed to fulfil its obligations under
      this Directive and under the Treaty establishing the
      European Community;                                                  1.    Are the rules or administrative practices of the national
                                                                                 legal order, such as those described at points III and IV
                                                                                 hereof, compatible with the principles of the EC Treaty
2)    order the United Kingdom to pay the costs.                                 concerning the free movement of persons (Article 39 et