CELEX: C2003/213/24
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-278/03: Action brought on 26 June 2003 by the Commission of the European Communities against the Italian Republic

C 213/14                EN                        Official Journal of the European Union                                          6.9.2003
Furthermore, it is evident that the difficulty in proving that the        the Italian civil service, periods of comparable work completed
misconduct of the State or public bodies was culpably or                  in the civil service of a Member State other than Italy must be
maliciously intended could, in practice, result in actions for            taken into consideration by the Italian authorities in the same
damages brought by persons harmed by an infringement being                way as experience gained in the Italian civil service.
delayed and, in all likelihood, unsuccessful. Such a situation
undermines the effectiveness of Article 1(1) of the directive,
namely that effective and rapid remedies must be available in             The Commission submits that the current practice in Italy is
the case of infringements of Community law in the field of                not to take into consideration time spent in comparable
public procurement or national rules implementing that law.               occupations in the civil service of other Member States. That
                                                                          practice on the part of the Ministry of Education is inconsistent
                                                                          with the aforesaid laws.
( 1) OJ 1989 L 395, p. 33.
                                                                          (1 ) OJ L 257 of 19.10.1968 p. 2.
Action brought on 26 June 2003 by the Commission of                       Action brought on 24 June 2003 by the Commission
   the European Communities against the Italian Republic                  of the European Communities against the European
                                                                                   Economic Interest Grouping Lior and Others
                          (Case C-278/03)                                                           (Case C-280/03)
                          (2003/C 213/24)                                                           (2003/C 213/25)
                                                                          An action against the European Economic Interest Grouping
An action against the Italian Republic was brought before the             Lior, Deira SA, Eutec Srl, Mindshare Bvba, Società Politecnica
Court of Justice of the European Communities on 26 June                   Italiana (SPI) Sarl, Beneport SA, Europe Information Service
2003 by the Commission of the European Communities,                       SA, Managium Sprl, Pi Due Sprl, C.A.R.M.E.N. e.v., Energy
represented by M.-J. Jonczy, acting as Agent.                             Research Group/University College Dublin, ORCA-Organic
                                                                          Reclamation and Composting Ass. AIBS, R.P.A. Spa, Aris
                                                                          Hellas Ltd, and against Lior International n.v., was brought
                                                                          before the Court of Justice of the European Communities
The applicant claims that the Court should:                               on 24 June 2003 by the Commission of the European
                                                                          Communities, represented by H. Støvlbæk, acting as Agent,
—      find that, by failing to take into account professional            assisted by M. Bra, avocat, with an address for service in
       experience gained by European Union citizens in the civil          Luxembourg.
       service of a Member State other than Italy for the
       purposes of their participation in competitions for the
       selection of staff to teach at Italian state schools, the          The Commission of the European Communities claims that
       Italian Republic has failed to fulfil its obligations under        the Court should:
       Article 39 EC and Article 3 of Council Regulation
       No 1612/68 of 15 October 1968 on freedom of move-                  —     declare the present action admissible and well-founded in
       ment for workers within the Community (1);                               its entirety;
—      order the Italian Republic to pay the costs.                       —     As the main plea: hold the Lior Grouping and the
                                                                                defendants jointly liable to pay the Commission the sum
                                                                                of the debit notes issued for all the disputed contracts,
                                                                                namely the total sum of EUR 142 818,86, plus interest
                                                                                under Article 94 of Commission Regulation No 3418/
Pleas in law and main arguments                                                 93 ( 1) until 31 December 2002, and under Article 86(2)(b)
                                                                                of Commission Regulation No 2342/2002 (2) as from
                                                                                1 January 2003, dating from the day after the maturity
                                                                                date of each of the debit notes issued, until the day of
Article 39 EC and Article 3 of Regulation No 1612/68 must                       full payment of the principal debt and interest, more
be interpreted as meaning that, for the purposes of entering                    particularly: