CELEX: C2004/047/30
Language: en
Date: 2004-02-21 00:00:00
Title: Case C-517/03: Counterclaim submitted in the defence lodged on 17 July 2001 by the Commission in Case T-85/01 Società IAMA Consulting v Commission of the European Communities, pending before the Court of First Instance and referred to the Court of Justice on 2 December 2003 by order of 25 November 2003, as a matter of jurisdiction

21.2.2004               EN                         Official Journal of the European Union                                             C 47/19
Furthermore, there exists no provision of Spanish law which                Pleas in law and main arguments
demands that account should be taken of compliance by a
foreign private security firm, or by its staff, with the guarantees
and requirements imposed in another Member State. As a
result, those are measures which have the effect of discouraging           Under Article 23.3 of the contracts, the applicant before the
foreign undertakings that wish to carry on activities in Spain.            Court of First Instance, Società IAMA Consulting, is required
                                                                           to reimburse the Commission for any sums overpaid.
(1) Council Directive 89/48/EEC of 21 December 1988 on a general
    system for the recognition of higher-education diplomas awarded
                                                                           Part of the Community contribution is attributable to
    on completion of professional education and training of at least       the expenses incurred by IAMA Consulting before 1 Novem-
    three years’ duration (OJ 1989 L 19, p. 16).                           ber 1997 (and not re-invoiced to IAMA International) in
(2) Council Directive 92/51/EEC of 18 June 1992 on a second general        a total amount of LIT 913 874 209, of which
    system for the recognition of professional education and training      LIT 576 432 631 related to the REGIS Project and
    to supplement Directive 89/48/EC (OJ 1992 L 209, p. 25).               LIT 337 441 578 to the REFIAG Project.
                                                                           The remainder derives from the amendments to expenditure,
                                                                           made during the audit, amounting to a total of
                                                                           LIT 185 531 657, of which LIT 60 603 671 related to the
                                                                           REGIS Project and LIT 124 927 986 to the REFIAG Project.
Counterclaim submitted in the defence lodged on 17 July
2001 by the Commission in Case T-85/01 Società IAMA
Consulting v Commission of the European Communities,
pending before the Court of First Instance and referred to
the Court of Justice on 2 December 2003 by order of
        25 November 2003, as a matter of jurisdiction                      Action brought on 9 December 2003 by the Commission
                                                                           of the European Communities against the Kingdom of
                                                                                                        Sweden
                           (Case C-517/03)
                                                                                                   (Case C-518/03)
                            (2004/C 47/30)
                                                                                                    (2004/C 47/31)
On 2 December 2003 the Court of First Instance, by order of
25 November 2003, referred to the Court of Justice a                       An action against the Kingdom of Sweden was brought
counterclaim submitted by the Commission of the European                   before the Court of Justice of the European Communities on
Communities, represented by Eugenio de March and Alberto                   9 December 2003 by the Commission of the European
Dal Ferro, acting as Agents, in its defence in Case T-85/01                Communities, represented by K. Banks and K. Simonsson,
Società IAMA Consulting v Commission of the European                       Agents, with an address for service in Luxembourg.
Communities.
                                                                           The Commission claims that the Court should:
The Commission claims that the Court should:
                                                                           1.    declare that, by failing to adopt, or to communicate to
                                                                                 the Commission, the laws, regulations and administrative
—     Uphold its counterclaim and order Società IAMA Con-                        provisions necessary to implement Directive 98/44/EC (1)
      sulting to repay the sum of LIT 1 099 405 866                              of the European Parliament and the Council of 6 July
      (EUR 567 796) plus interest, in accordance with                            1998 on the legal protection of biotechnological inven-
      Article 94 of Regulation No 341/93;                                        tions, Sweden has failed to fulfil its obligations under that
                                                                                 directive; and
—     In any event order Società IAMA Consulting to pay the
      costs                                                                2.    order Sweden to pay the costs of the case.