CELEX: C2003/213/33
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-295/03 P: Appeal brought on 2 July 2003 by Alessandrini Srl and Others against the judgment delivered on 10 April 2003 by the Fifth Chamber of the Court of First Instance of the European Communities in Joined Cases T-93/00 and T-46/01 between Alessandrini Srl and Others and the Commission of the European Communities

6.9.2003                 EN                        Official Journal of the European Union                                         C 213/19
Action brought on 7 July 2003 by the Commission of the                     In accordance with Article 228 (2) of the EC Treaty, the
            European Communities against Ireland                           Commission asks the Court to impose a penalty payment of
                                                                           EUR 21 600 on Ireland for each day’s delay in implementing
                                                                           the Court’s judgment in Case C-392/96, beginning from the
                           (Case C-294/03)                                 day on which the Court gives its judgment in the present case.
                           (2003/C 213/32)                                 (1 ) OJ L 175, 05.07.1985, p. 40.
An action against Ireland was brought before the Court of
Justice of the European Communities on 7 July 2003 by the
Commission of the European Communities, represented by
Xavier Lewis and Florence Simonetti, acting as agents, with an
address for service in Luxembourg.
                                                                           Appeal brought on 2 July 2003 by Alessandrini Srl and
                                                                           Others against the judgment delivered on 10 April 2003
The Applicant claims that the Court should:                                by the Fifth Chamber of the Court of First Instance of the
                                                                           European Communities in Joined Cases T-93/00 and
                                                                           T-46/01 between Alessandrini Srl and Others and the
1)    Declare that, by failing to adopt the laws, regulations                        Commission of the European Communities
      or administrative provisions necessary to comply with
      Article 4 (2) of Council Directive 85/337/EEC of 27 June
      1985 on the assessment of the effects of certain public                                      (Case C-295/03 P)
      and private projects on the environment (1) in respect of
      peat extraction projects or, in any event, by failing to
      notify such provisions to the Commission, Ireland has
                                                                                                    (2003/C 213/33)
      not implemented all the measures necessary to comply
      with the judgment of the Court of 21 September 1999 in
      Case C-392/96 Commission v. Ireland and has failed to
      fully fulfil its obligations under Article 228 of the Treaty;
                                                                           An appeal against the judgment delivered on 10 April 2003
2)    Order Ireland to pay to the Commission of the European               by the Fifth Chamber of the Court of First Instance of the
      Communities, into the account EC own resources, a                    European Communities in Joined Cases T-93/00 and T-46/01
      penalty payment of EUR 21 600 for each day of delay in               between Alessandrini Srl and Others and the Commission of
      implementing the measures necessary to comply with                   the European Communities was brought before the Court of
      the judgment in Case C-392/96, from delivery of the                  Justice of the European Communities on 2 July 2003 by
      judgment in these proceedings until judgment in Case                 Alessandrini Srl and Others, represented by W. Viscardini and
      C-392/96 has been complied with,                                     G. Donà.
3)    Order Ireland to pay the costs.
                                                                           The appellants claim that the Court should:
                                                                           1.    set aside the judgment of the Court of First Instance of
                                                                                 10 April 2003 in Joined Cases T-93/00 and T-46/01 as
Pleas in law and main arguments
                                                                                 to that part which deals with the application for damages;
                                                                           2.    order the Commission to pay the appellants damages for
This application concerns the failure by Ireland to comply                       the losses sustained as a result of the Commission’s failure
with the judgment of 21 September 1999 in Case C-392/96                          to grant certificates for the import of bananas from non-
in so far as Ireland has taken inadequate measures since that                    member countries, in the sum quantified in para-
judgment to ensure that Irish legislation complies with Council                  graph 114-A of the pleading, totalling LIT 370 983 900
Directive 85/337/EEC of 27 June 1985 on the assessment of                        (EUR 191 597,20) together with currency re-valuation
the effects of certain public and private projects (‘the Directive’)             and interest, and
in respect of peat extraction projects covered by point 2(a) of
Annex II of that Directive. Although Ireland has taken some
measures in an effort to execute the judgment, they remain                 3.    order the Commission to reimburse the appellants their
inadequate in theory and have not been implemented in                            costs of the proceedings both at first instance and on
practice.                                                                        appeal.
 ---pagebreak--- C 213/20               EN                     Official Journal of the European Union                                          6.9.2003
Pleas in law and main arguments                                       2003 by the Commission of the European Communities,
                                                                      represented by M. van Beek and G. Valero Jordana, acting as
The appellants plead that the Court erred in finding that the         Agents, with an address for service in Luxembourg.
damage which they alleged arose from the fact of not
managing to import ACP bananas. In truth, the appellants
were complaining that in 1999 and 2000 they had not                   The applicant claims that the Court should:
obtained certificates to import bananas from non-member
countries despite their right to do so under their reference          1.    declare that, by failing to bring into force the laws,
quantity based exclusively on imports of bananas from non-                  regulations and administrative provisions needed in order
member countries. The appellants submit that the Court failed               to comply with Council Directive 1999/22/EC (1) relating
to take account of their arguments in support of their                      to the keeping of wild animals in zoos or, in any event,
application for damages.                                                    by failing to have informed the Commission of any
                                                                            such laws, regulations or administrative provisions, the
                                                                            Kingdom of Spain has failed to fulfil its obligations under
                                                                            that Directive;
                                                                      2.    order the Kingdom of Spain to pay the costs.
Reference for a preliminary ruling by the Conseil d’État,
Section d’Administration by judgment of that Court of
27 June 2003 in the case of Société Anonyme Glaxo-
                SmithKline against Belgian State
                                                                      Pleas in law and main arguments
                         (Case C-296/03)
                                                                      The period within which the directive was to be incorporated
                         (2003/C 213/34)
                                                                      into national law expired on 9 April 2002.
Reference has been made to the Court of Justice of the                (1 ) OJ L 94 of 9.4.1999, p. 24.
European Communities by judgment of the Conseil d’État,
Section d’Administration (Council of State, Administrative
Section) of 27 June 2003, received at the Court Registry on
8 July 2003, for a preliminary ruling in the case of Société
Anonyme GlaxoSmithKline against Belgian State on the fol-
lowing question:
Must the time-limit of 90 days, which may be extended for a
further 90 days, referred to in the first subparagraph of             Action brought on 14 July 2003 by the Commission of
Article 6(1) of Council Directive 89/105/EEC of 21 December             the European Communities against the Italian Republic
1988 relating to the transparency of measures regulating the
prices of medicinal products for human use and their inclusion
in the scope of national health insurance systems (1) be                                        (Case C-302/03)
considered to be a strict time-limit precluding, upon expiry,
the adoption of any decision, even where an initial decision
                                                                                                (2003/C 213/36)
adopted timeously has been annulled?
( 1) OJ L 40 of 11.02.1989, p. 8.
                                                                      An action against the Italian Republic was brought before the
                                                                      Court of Justice of the European Communities on 14 July
                                                                      2003 by the Commission of the European Communities,
                                                                      represented by M. Van Beek and R. Amorosi, acting as Agents.
Action brought on 10 July 2003 by the Commission of
the European Communities against the Kingdom of Spain                 The applicant claims that the Court should:
                         (Case C-298/03)
                                                                      —     find that, by failing to adopt the laws, regulations
                                                                            and administrative provisions necessary to comply with
                         (2003/C 213/35)                                    Council Directive 1999/22/EC (1) of 29 March 1999
                                                                            relating to the keeping of wild animals in zoos or, in any
                                                                            event, by failing to communicate the same to the
An action against the Kingdom of Spain was brought before                   Commission the Italian Republic has failed to fulfil its
the Court of Justice of the European Communities on 10 July                 obligations under Article 9 of that directive;