CELEX: C2003/101/43
Language: en
Date: 2003-04-26 00:00:00
Title: Case C-89/03: Action brought on 27 February 2003 by the Commission of the European Communities against the Grand-Duchy of Luxembourg

C 101/26               EN                        Official Journal of the European Union                                           26.4.2003
            Article 1(3) thereof private-law undertakings fulfil-              for civil uses ( 1), or in any event by failing to inform the
            ling the criteria referred to in the three indents of              Commission of those provisions, the Grand-Duchy of
            the second subparagraph of Article 1(b) of each of                 Luxembourg has failed to fulfil its obligations under that
            the abovementioned directives;                                     directive;
      —     by providing an absolute exclusion from the scope            —     order the Grand-Duchy of Luxembourg to pay the costs.
            of the Public Contracts Law by Article 3(1)(c)
            thereof for cooperation agreements between public
            authorities and other public undertakings including,
            therefore, agreements which are public contracts for         Pleas in law and main arguments
            the purposes of the directives; and
                                                                         The period within which the directive had to be transposed
      —     by permitting, in Article 141(a) and Article 182(a)
            and (g) of the Public Contracts Law, the negotiated          expired on 30 June 1994.
            procedure to be used in two cases which are not
            provided for in the directives;                              (1 ) OJ L 121 of 15.5.1993, p. 20.
      the Kingdom of Spain has failed to fulfil its obligations
      under Community law;
2.    order the Kingdom of Spain to pay the costs.
                                                                         Action brought on 28 February 2003 by Commission of
Pleas in law and main arguments                                           the European Communities against Portuguese Republic
                                                                                                     (Case C-93/03)
These are apparent from the form of order sought.
                                                                                                    (2003/C 101/44)
( 1) OJ L 199 of 9.8.1993, p. 1.
( 2) OJ L 199 of 9.8.1993, p. 54.
                                                                         An action against the Portuguese Republic was brought
                                                                         before the Court of Justice of the European Communities on
                                                                         28 February 2003 by the Commission of the European
                                                                         Communities, represented by Karen Banks and Miguel França,
                                                                         acting as Agents, with an address for service in Luxembourg.
Action brought on 27 February 2003 by the Commission
of the European Communities against the Grand-Duchy                      The applicant claims that the Court should:
                         of Luxembourg
                                                                         —     declare that, by failing to adopt and bring into force the
                                                                               laws, regulations and administrative provisions necessary
                          (Case C-89/03)
                                                                               to comply with Directive 98/71/EC (1) of the European
                                                                               Parliament and of the Council of 13 October 1998 on
                         (2003/C 101/43)                                       the legal protection of designs or, in any event, by failing
                                                                               to communicate those provisions to the Commission, the
                                                                               Portuguese Republic has failed to fulfil its obligations
                                                                               under Article 19 of that directive;
An action against the Grand-Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-             —     order the Portuguese Republic to pay the costs.
ties on 27 February 2003 by the Commission of the European
Communities, represented by L. Ström and B. Stromsky, acting
as Agents, with an address for service in Luxembourg.
                                                                         Pleas in law and main arguments
The Commission of the European Communities claims that
the Court should:                                                        The period prescribed for implementation of the directive
                                                                         expired on 28 October 2001.
—     declare that, by failing to bring into force the laws,
      regulations and administrative provisions necessary to
      comply with Council Directive 93/15/EEC of 5 April                 (1 ) OJ L 289 of 28 october 1998, p. 28.
      1993 on the harmonisation of the provisions relating to
      the placing on the market and supervision of explosives