CELEX: C2002/323/35
Language: en
Date: 2002-12-21 00:00:00
Title: Case C-350/02: Action brought on 1 October 2002 by the Commission of the European Communities against the Kingdom of the Netherlands

21.12.2002               EN                    Official Journal of the European Communities                                     C 323/25
Action brought on 1 October 2002 by the Commission                        Reference for a preliminary ruling by the Korkein hallin-
of the European Communities against the Kingdom of the                    to-oikeus by order of that Court of 10 October 2002 in
                            Netherlands                                                      the case of Marie Lindfors
                                                                                                    (Case C-365/02)
                          (Case C-350/02)
                                                                                                    (2002/C 323/36)
                          (2002/C 323/35)
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by order of the Korkein hallinto-
                                                                          oikeus (Supreme Administrative Court) of 10 October 2002,
An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities                   received at the Court Registry on 14 October 2002, for a
                                                                          preliminary ruling in the case of Marie Lindfors on the
on 1 October 2002 by the Commission of the European
                                                                          following question:
Communities, represented by M. Shotter and W. Wils, acting
as Agents.
                                                                          Is Article 1 of Directive 83/183/EEC on tax exemptions
                                                                          applicable to permanent imports from a Member State of the
                                                                          personal property of individuals (1) to be interpreted as mean-
The applicant claims that the Court should:                               ing that the autovero (car tax) charged under the Autoverolaki
                                                                          on a vehicle imported into Finland from another Member State
1.    Declare that, by failing to adopt all the laws, regulations         in connection with a transfer of residence is a consumption
      and administrative provisions required to transpose                 tax within the meaning of Article 1(1) of the directive, or is
      Articles 6 and 9 of Directive 97/66/EC ( 1) of the European         such autovero a specific duty or tax connected with the use of
      Parliament and of the Council of 15 December 1997                   such property within the country within the meaning of
      concerning the processing of personal data and the                  Article 1(2)?
      protection of privacy in the telecommunications sector
      into national law, or in any event by failing to forward            (1 ) OJ L 105 of 23 April 1983, p. 64.
      those provisions to the Commission, the Kingdom of the
      Netherlands has failed to fulfil its Treaty obligations;
2.    Order the Kingdom of the Netherlands to pay the costs.
                                                                          Action brought on 28 October 2002 by the Commission
                                                                          of the European Communities against the Italian Republic
Pleas in law and main arguments
                                                                                                    (Case C-385/02)
Incomplete transposition of Article 6 of Directive 97/66/EC:                                        (2002/C 323/37)
the Netherlands legislation, in particular Article 11.5 of
the Telecommunicatiewet (Telecommunications Law), requires
only that the traffic data referred to in the secondary law be
erased or made anonymous. This provision will be in accord-               An action against the Italian Republic was brought before the
ance with the Directive only if the relevant secondary legis-             Court of Justice of the European Communities on 28 October
lation contains an exhaustive citation of all traffic data apart          2002 by the Commission of the European Communities,
from those referred to in Article 6(2) and (3) of the Directive.          represented by Klaus Wiedner and Roberto Amorosi, acting as
The Commission has not as yet received any notification of                Agents.
provisions of secondary legislation with such an exhaustive
citation.
                                                                          The applicant claims that the Court should:
                                                                          —     Declare that the Italian Republic has failed to fulfil its
Article 9(a) of the Directive (tracing of malicious or nuisance                 obligations under Council Directive 93/37/EEC (1) of
calls) has not been transposed, as the Netherlands authorities                  14 June 1993 concerning the coordination of procedures
have acknowledged.                                                              for the award of public works contracts, in particular
                                                                                Article 7(3) thereof, when the Magistrato per il Po di
                                                                                Parma, a department of the Ministry of Public Works
( 1) OJ 1998 L 24, p. 1.                                                        (now the Ministry for Infrastructure and Transport),
                                                                                awarded the contracts for work on the construction and
                                                                                completion of an expansion basin to hold spate waters of
                                                                                the River Parma in the area of Marano in the Parma