CELEX: C2003/019/16
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court (Second Chamber) of 28 November 2002 in Case C-414/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Failure to implement Directive 97/7/EC)

25.1.2003                EN                      Official Journal of the European Communities                                             C 19/9
                  JUDGMENT OF THE COURT                                                          ORDER OF THE COURT
                                                                                                     (Fourth Chamber)
                         (Second Chamber)
                                                                                                  of 19 September 2002
                       of 28 November 2002                                  in Case C-267/01 (reference for a preliminary ruling from
                                                                            the Oberste Gerichtshof): Jaroslav Nyvlt v Flughafen Wien
                                                                                                             AG ( 1)
in Case C-414/01: Commission of the European Communi-
                    ties v Kingdom of Spain ( 1)                            (Article 104(3) of the Rules of Procedure — Answer to a
                                                                            question admitting of no reasonable doubt — Article 3 of
                                                                            Regulation (EEC) No 3922/91 — Harmonisation of techni-
(Failure by a Member State to fulfil its obligations — Failure              cal requirements and administrative procedures in the field
                 to implement Directive 97/7/EC)                            of civil aviation — Paragraph 35 of Code 145 of the Joint
                                                                                                  Aviation Requirements)
                            (2003/C 19/16)                                                             (2003/C 19/17)
                                                                                                (Language of the case: German)
                    (Language of the case: Spanish)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                            In Case C-267/01: reference to the Court under Article 234
                                                                            EC from the Oberste Gerichtshof (Austria) for a preliminary
                                                                            ruling in the proceedings pending before that court between
                                                                            Jaroslav Nyvlt and Flughafen Wien AG — on the interpretation
In Case C-414/01, Commission of the European Communities                    of Paragraph 35 of Code 145 of the Joint Aviation Require-
(Agent: I. Martínez del Peral) v Kingdom of Spain (Agent:                   ments, applicable to the Community by virtue of Article 3 of
S. Ortiz Vaamonde): Application for a declaration that, by                  Council Regulation (EEC) No 3922/91 of 16 December
failing to adopt the laws, regulations and administrative                   1991 on the harmonisation of technical requirements and
provisions necessary to comply with Directive 97/7/EC of the                administrative procedures in the field of civil aviation (OJ
European Parliament and of the Council of 20 May 1997 on                    1991 L 373, p. 4), as amended by Commission Regulation
the protection of consumers in respect of distance contracts                (EEC) No 2176/96 of 13 November 1996 (OJ 1996 L 291,
(OJ 1997 L 144, p. 19), or, in any event, by failing to inform              p. 15) — the Court (Fourth Chamber), composed of: S. von
the Commission of such provisions, the Kingdom of Spain has                 Bahr, President of the Chamber, D.A.O. Edward and A. La
failed to fulfil its obligations under Article 15(1) of that                Pergola (Rapporteur), Judges; A. Tizzano, Advocate General;
directive, the Court (Second Chamber), composed of:                         R. Grass, Registrar, has made an order on 19 September 2002,
R. Schintgen, President of the Chamber, V. Skouris and                      in which it has ruled:
N. Colneric (Rapporteur), Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, has given a judgment on 28 No-                1.    Where a worker authorised to certify aircraft fit for service is
vember 2002, in which it:                                                         placed by his employer at the disposal of an approved
                                                                                  maintenance organisation, the obligations flowing from Para-
                                                                                  graph 35 of Code 145 of the Joint Aviation Requirements,
1.    Declares that by failing to adopt within the prescribed period              applicable in the Community by virtue of Article 3 of Directive
      the laws, regulations and administrative provisions necessary to            1999/42/EC of the European Parliament and of the Council
      comply with Directive 97/7/EC of the European Parliament                    of 7 June 1999 establishing a mechanism for the recognition of
      and of the Council of 20 May 1997 on the protection of                      qualifications in respect of the professional Council Regulation
      consumers in respect of distance contracts the Kingdom of Spain             (EEC) No 3922/91 of 16 December 1991 on the harmon-
      has failed to fulfil its obligations under Article 15(1) of that            ization of technical requirements and administrative procedures
      directive;                                                                  in the field of civil aviation, as amended by Commission
                                                                                  Regulation No 2176/96 of 13 November 1996, apply to
                                                                                  such an approved maintenance organisation.
2.    Orders the Kingdom of Spain to pay the costs.
                                                                            2.    Without prejudice to the fulfilment of the obligations placed
                                                                                  upon an approved maintenance organisation by Paragraph 35
                                                                                  of Code 145 of the abovementioned Joint Aviation Require-
( 1) OJ C 348 of 8.12.2001.
                                                                                  ments, that provision does not preclude that, on the basis of
                                                                                  national provisions which are more extensive, the existence is
                                                                                  acknowledged of an obligation incumbent on an employer, not
                                                                                  being an approved maintenance organisation, to furnish to a