CELEX: C2003/146/23
Language: en
Date: 2003-06-21 00:00:00
Title: Case C-70/03: Action brought on 17 February 2003 by the Commission of the European Communities against the Kingdom of Spain

C 146/14                EN                        Official Journal of the European Union                                          21.6.2003
            order the Community to pay compensation to be                 Pleas in law and main arguments
            determined on an equitable basis by the Court of
            Justice, plus annual interest of 8 % from the date of         —      Incorrect implementation of Article 5 of the Directive.
            the application at first instance to the date of full                The Law transposing Article 5 of Directive 93/13/EEC
            and final payment;                                                   into Spanish law fails to mention that the rule that the
                                                                                 interpretation that is the most favourable to the consumer
3.     order the respondent to pay the costs of both sets of                     is to prevail is not to apply in the context of the
       proceedings, in accordance with Article 69(2) of the Rules                procedures laid down in Article 7(2) of the Directive
       of Procedure.                                                             (prohibitory actions). Thus a situation is created in which
                                                                                 consumers run the risk that the interpretation rule may
                                                                                 go counter to their interests, inasmuch as it will be an
                                                                                 obstacle to the removal from contracts with consumers,
                                                                                 by means of a prohibitory action, unclear terms which,
Pleas in law and main arguments                                                  according to a ‘normal’ interpretation, are unfair;
                                                                          —      incorrect implementation of Article 6(2) of the Directive:
The pleas in law and main arguments are similar to those in                      by referring to the provision ‘in Article 5 of the 1980
Case C-41/03 P, it being understood that the present case                        Rome Convention on the Law applicable to Contractual
relates to Regulation (EC) No 2081/2000.                                         Obligations’, the Spanish Law limits the protection offered
                                                                                 by the Directive to consumers, by introducing a twofold
                                                                                 restriction. Thus, the Directive provides for the protection
( 1) Commission Regulation (EC) No 2081/2000 of 29 September                     of all consumers in all contracts concluded with a seller
     2000 providing for the continued application of safeguard                   or supplier, whereas the Spanish Law provides such
     measures for imports from the overseas countries and territories            protection only for certain types of contract and only
     of sugar sector products with EC/OCT cumulation of origin                   where certain conditions are satisfied, a twofold restric-
     (OJ 2000 L 246, p. 64).                                                     tion prohibited by the Directive.
                                                                          (1 ) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
                                                                               consumer contracts (OJ L 95 of 21.4.1993, p. 29).
Action brought on 17 February 2003 by the Commission
of the European Communities against the Kingdom of
                                Spain
                                                                          Reference for a preliminary ruling by the College van
                           (Case C-70/03)                                 Beroep voor het Bedrijfsleven by judgment of that Court
                                                                          of 7 January 2003 in the proceedings between A. Tempel-
                                                                          man and Directeur van de Rijksdienst voor de keuring
                          (2003/C 146/23)                                                          van Vee en Vlees
                                                                                                     (Case C-96/03)
An action against the Kingdom of Spain was brought before
                                                                                                    (2003/C 146/24)
the Court of Justice of the European Communities on 17 Febru-
ary 2003 by the Commission of the European Communities,
represented by Isabel Martínez del Peral and Miguel França, of
its Legal Service, with an address for service in Luxembourg.
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by judgment of the College van Beroep
                                                                          voor het Bedrijfsleven (Administrative Court for Trade and
The applicant claims that the Court should:
                                                                          Industry) of 7 January 2003, received at the Court Registry on
                                                                          4 March 2003, for a preliminary ruling in the proceedings
1.     Declare that, by failing to transpose fully into its national      between A. Tempelman and Directeur van de Rijksdienst voor
       law Articles 5 and 6(2) of Directive 93/12/EEC (1) of              de keuring van Vee en Vlees on the following questions:
       5 April 1993 on unfair terms in consumer contracts, the
       Kingdom of Spain has failed to fulfil its obligations under        1.     May a Member State derive from Community law the
       the Treaty and under that directive;
                                                                                 power to decide to kill animals which are suspected of
                                                                                 being infected or contaminated with the foot-and-mouth
2.     Order the Kingdom of Spain to pay the costs.                              virus?