CELEX: C2003/124/21
Language: en
Date: 2003-05-24 00:00:00
Title: Case C-142/03: Action brought on 31 March 2003 by the Commission of the European Communities against the Kingdom of Spain

24.5.2003              EN                       Official Journal of the European Union                                        C 124/13
Action brought on 31 March 2003 by the Commission of                    The applicant claims that the Court should:
the European Communities against the Kingdom of Spain
                                                                        —     Declare that, by failing to adopt and bring into force the
                         (Case C-142/03)                                      laws, regulations and administrative provisions necessary
                                                                              to comply with Commission Directive 2000/52/EC ( 1) of
                                                                              26 July 2000 amending Directive 80/723/EEC on the
                         (2003/C 124/21)                                      transparency of financial relations between Member
                                                                              States and public undertakings, the Portuguese Republic
                                                                              has failed to fulfil its obligations under Article 2 of
                                                                              Directive 2000/52/EC;
An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 31 March            —     declare in any event that, by failing to communicate
2003 by the Commission of the European Communities,
                                                                              forthwith those provisions to the Commission, the Portu-
represented by Fernando Castillo de la Torre and Niels Bertil                 guese Republic has failed to fulfil its obligations under
Rasmusen, members of its Legal Service, with an address for                   Article 2 of Directive 2000/52/EC;
service in Luxembourg.
                                                                        —     order the Portuguese Republic to pay the costs.
The applicant claims that the Court should:
—     declare that the Kingdom of Spain has infringed Article 91
      of Council Regulation (EC) No 40/94 of 20 December                Pleas in law and main arguments
      1993 on the Community trade mark ( 1) by having
      failed to communicate to the Commission the list of
      Community trade mark courts;                                      The period prescribed for implementation of the directive
                                                                        expired on 31 July 2001.
—     order the Kingdom of Spain to pay the costs.
                                                                        (1 ) OJ L 193 of 29 July 2000, p. 75.
Pleas in law and main arguments
The Member States are under an obligation to designate,
within three years following entry into force of the regulation,
‘Community trade mark courts’ and to communicate to the
Commission their names and their territorial jurisdiction. That
information should have been communicated by 15 March                   Appeal brought on 31 March 2003 by Philip Morris
1997 at the latest.                                                     International, Inc., against the judgment delivered on
                                                                        15 January 2003 by the Second Chamber (Extended
                                                                        Composition) of the Court of First Instance of the
( 1) OJ L 11 of 14.1.1994, p. 1.                                        European Communities in joined cases T-377/00, T-379/
                                                                        00, T-380/00, T-260/01 and T-272/01 between Philip
                                                                        Morris International, Inc., R.J. Reynolds Tobacco Hold-
                                                                        ings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco
                                                                        Company, R.J. Reynolds Tobacco International Inc., and
                                                                        Japan Tobacco, Inc., and Commission of the European
                                                                        Communities, supported by European Parliament,
                                                                        Kingdom of Spain, French Republic, Italian Republic,
Action brought on 31 March 2003 by Commission of the                    Portuguese Republic, Republic of Finland, Federal Repub-
  European Communities against the Portuguese Republic                  lic of Germany, Hellenic Republic, Kingdom of the
                                                                                                    Netherlands
                         (Case C-144/03)
                                                                                                 (Case C-146/03 P)
                         (2003/C 124/22)
                                                                                                  (2003/C 124/23)
An action against the Portuguese Republic was brought before
the Court of Justice of the European Communities on 31 March
2003 by the Commission of the European Communities,                     An appeal against the judgment delivered on 15 January 2003
represented by M. França and J. Flett, acting as Agents, with an        by the Second Chamber (Extended Composition) of the Court
address for service in Luxembourg.                                      of First Instance of the European Communities in joined cases