CELEX: C2003/112/30
Language: en
Date: 2003-05-10 00:00:00
Title: Case C-119/03: Action brought on 18 March 2003 by the Commission of the European Communities against the French Republic

10.5.2003               EN                          Official Journal of the European Union                                        C 112/17
Pleas in law and main arguments                                             Action brought on 17 March 2003 by the Commission of
                                                                            the European Communities against the Federal Republic
                                                                                                        of Germany
France was required to transpose and apply the provision
referred to in the application with effect from 1 January 2000.                                       (Case C-118/03)
It appears from the replies submitted of the French authorities
that, with the exception of numbers which are free of                                                 (2003/C 112/29)
charge (‘freephone numbers’) and of shared-cost numbers, the
remaining non-geographic numbers are not covered by the
measures which have been established.
                                                                            An action against the Federal Republic of Germany was
                                                                            brought before the Court of Justice of the European Communi-
( 1) Directive 97/33/EC of the European Parliament and of the Council       ties on 17 March 2003 by the Commission of the European
     of 30 June 1997 on interconnection in Telecommunications with          Communities, represented by Ulrich Wölker, legal advisor, and
     regard to ensuring universal service and interoperability through      Hans Støvlbæk, of its legal service, with an address for service
     application of the principles of Open Network Provision (ONP)          in Luxembourg.
     — OJ L 199, 26.7.1997, p. 32.
( 2) OJ L 268, 3.10.1998, p. 37.
                                                                            The applicant claims that the Court should:
                                                                            1.    Declare that by failing to adopt the laws, regulations
                                                                                  and administrative provisions necessary to implement
                                                                                  Commission Directive 2000/37/EC ( 1) of 5 June 2000
                                                                                  amending Chapter VIa ‘Pharmacovigilance’ of Council
                                                                                  Directive 81/851/EEC on the approximation of the laws
                                                                                  of the Member States relating to veterinary medicinal
                                                                                  products or by failing to inform the Commission of those
Reference for a preliminary ruling by the Tribunale di                            provisions, the Federal Republic of Germany has failed to
Genova — Prima sezione civile by order of that Court of                           fulfil its obligations under that directive;
10 March 2003 in the civil proceedings brought by
Eco Eridania S.r.l. against Ministero dell’Ambiente and
                                                                            2.    Order the Federal Republic of Germany to pay the costs.
              Presidenza del Consiglio dei Ministri
                          (Case C-115/03)
                                                                            Pleas in law and main arguments
                          (2003/C 112/28)                                   The period for implementing the directive expired on 5 Decem-
                                                                            ber 2001.
                                                                            (1 ) OJ L 139, 10.6.2000, p. 25.
Reference has been made to the Court of Justice of the
European Communities by order of the Tribunale di Genova
— Prima sezione civile (Genoa District Court, First Civil
Chamber) of 10 March 2003, received at the Court Registry
on 17 March 2003, for a preliminary ruling in the civil
proceedings brought by Eco Eridania S.r.l. against Ministero
dell’Ambiente and Presidenza del Consiglio dei Ministri on the
following question:                                                         Action brought on 18 March 2003 by the Commission of
                                                                             the European Communities against the French Republic
Does the obligation under Article 4 of Directive 91/689/                                              (Case C-119/03)
EEC ( 1) apply to all producers of hazardous waste (including
dental surgeons’ practices) or merely to producers of hazardous
                                                                                                      (2003/C 112/30)
waste whose business is organised in the form of an undertak-
ing or institution?
                                                                            An action against the French Republic was brought before the
( 1) OJ L 377 of 31.12.1991, p. 20.                                         Court of Justice of the European Communities on 18 March
                                                                            2003 by the Commission of the European Communities,
                                                                            represented by G. Rozet, acting as Agent, with an address for
                                                                            service in Luxembourg.
 ---pagebreak--- C 112/18                 EN                        Official Journal of the European Union                                         10.5.2003
The Commission of the European Communities claims that                     Action brought on 19 March 2003 by the Commission of
the Court should:                                                           the European Communities against the French Republic
—     declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with                                         (Case C-122/03)
      Commission Directive 2000/52/EC of 26 July 2000 on
      the transparency of financial relations between Member
      States and public undertakings as well as on financial                                         (2003/C 112/32)
      transparency within certain undertakings (1) or, in any
      event, by failing to notify them to the Commission,
      France has failed to fulfil its obligations under that
      directive;
                                                                           An action against the French Republic was brought before the
—     order France to pay the costs.                                       Court of Justice of the European Communities on 19 March
                                                                           2003 by the Commission of the European Communities,
                                                                           represented by H. Støvlbæk and B. Stromsky, acting as Agents,
                                                                           with an address for service in Luxembourg.
Pleas in law and main arguments
The period prescribed for transposition expired on 31 January              The applicant claims that the Court should:
2001.
                                                                           1.    Declare that, by imposing, pursuant to Article R. 5142-
( 1) OJ L 193 of 29 July 2002, p. 78.                                            15 of the Public Health Code, on traders importing or
                                                                                 distributing in France medicinal products which are
                                                                                 already covered by a marketing authorisation for the
                                                                                 French or Community market the requirement that they
                                                                                 submit, at the request of the monitoring authorities,
                                                                                 either a certified copy issued by the French agency for
Action brought on 18 March 2003 by the Commission of                             health products sanitary safety (FAHPSS) of the French
the European Communities against the Kingdom of Spain                            marketing authorisation or of the registration of the
                                                                                 medicinal product, or a document issued by the FAHPSS
                           (Case C-120/03)                                       attesting to the fact that the imported medicinal product
                                                                                 has obtained a marketing authorisation issued by the
                           (2003/C 112/31)                                       European Community, the French Republic has failed to
                                                                                 fulfil its obligations under Article 28 of the EC Treaty;
An action against the Kingdom of Spain was brought before                  2.    Order the French Republic to pay the costs.
the Court of Justice of the European Communities on 18 March
2003 by the Commission of the European Communities,
represented by K. Banks and J.L. Buendía Sierra, acting as
Agents, with an address for service in Luxembourg.
                                                                           Pleas in law and main arguments
The applicant claims that the Court should:
                                                                           So far as concerns the importation into France of pharmaceuti-
1.    Declare that, by failing to adopt the laws, regulations
                                                                           cal products already covered by a marketing authorisation for
      and administrative provisions necessary to comply with
                                                                           the French or Community market, Article R. 5142-15 of the
      Directive 98/71/EC ( 1) of the European Parliament and of
                                                                           Public Health Code requires the submission at the request of
      the Council of 13 October 1998 on the legal protection
                                                                           customs officers of either a certified copy of the marketing
      of designs or, in any event, by failing to communicate
                                                                           authorisation or of the registration of the medicinal product
      them to the Commission, the Kingdom of Spain has
                                                                           or a document attesting to the fact that the imported medicinal
      failed to fulfil its obligations under that directive;
                                                                           product has obtained a marketing authorisation issued by the
2.    Order the Kingdom of Spain to pay the costs.                         European Community, each of those documents being issued
                                                                           by the FAHPSS.
Pleas in law and main arguments
                                                                           The effects of that provision on traders wishing to import and
                                                                           distribute pharmaceutical products in France may be resumed
The period prescribed for implementation of the directive                  as follows: (i) formalities, costs and the time entailed by the
expired on 28 October 2001.                                                granting procedure are imposed on traders which they are
                                                                           obliged to bear, on pain of sanctions, throughout its term; (ii)
( 1) OJEC L 289 of 28 October 1998, p. 28.                                 those same traders are obliged to be constantly in possession
                                                                           of documents which could be potentially numerous and
                                                                           voluminous.