CELEX: C2003/213/25
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-280/03: Action brought on 24 June 2003 by the Commission of the European Communities against the European Economic Interest Grouping Lior and Others

C 213/14                EN                        Official Journal of the European Union                                          6.9.2003
Furthermore, it is evident that the difficulty in proving that the        the Italian civil service, periods of comparable work completed
misconduct of the State or public bodies was culpably or                  in the civil service of a Member State other than Italy must be
maliciously intended could, in practice, result in actions for            taken into consideration by the Italian authorities in the same
damages brought by persons harmed by an infringement being                way as experience gained in the Italian civil service.
delayed and, in all likelihood, unsuccessful. Such a situation
undermines the effectiveness of Article 1(1) of the directive,
namely that effective and rapid remedies must be available in             The Commission submits that the current practice in Italy is
the case of infringements of Community law in the field of                not to take into consideration time spent in comparable
public procurement or national rules implementing that law.               occupations in the civil service of other Member States. That
                                                                          practice on the part of the Ministry of Education is inconsistent
                                                                          with the aforesaid laws.
( 1) OJ 1989 L 395, p. 33.
                                                                          (1 ) OJ L 257 of 19.10.1968 p. 2.
Action brought on 26 June 2003 by the Commission of                       Action brought on 24 June 2003 by the Commission
   the European Communities against the Italian Republic                  of the European Communities against the European
                                                                                   Economic Interest Grouping Lior and Others
                          (Case C-278/03)                                                           (Case C-280/03)
                          (2003/C 213/24)                                                           (2003/C 213/25)
                                                                          An action against the European Economic Interest Grouping
An action against the Italian Republic was brought before the             Lior, Deira SA, Eutec Srl, Mindshare Bvba, Società Politecnica
Court of Justice of the European Communities on 26 June                   Italiana (SPI) Sarl, Beneport SA, Europe Information Service
2003 by the Commission of the European Communities,                       SA, Managium Sprl, Pi Due Sprl, C.A.R.M.E.N. e.v., Energy
represented by M.-J. Jonczy, acting as Agent.                             Research Group/University College Dublin, ORCA-Organic
                                                                          Reclamation and Composting Ass. AIBS, R.P.A. Spa, Aris
                                                                          Hellas Ltd, and against Lior International n.v., was brought
                                                                          before the Court of Justice of the European Communities
The applicant claims that the Court should:                               on 24 June 2003 by the Commission of the European
                                                                          Communities, represented by H. Støvlbæk, acting as Agent,
—      find that, by failing to take into account professional            assisted by M. Bra, avocat, with an address for service in
       experience gained by European Union citizens in the civil          Luxembourg.
       service of a Member State other than Italy for the
       purposes of their participation in competitions for the
       selection of staff to teach at Italian state schools, the          The Commission of the European Communities claims that
       Italian Republic has failed to fulfil its obligations under        the Court should:
       Article 39 EC and Article 3 of Council Regulation
       No 1612/68 of 15 October 1968 on freedom of move-                  —     declare the present action admissible and well-founded in
       ment for workers within the Community (1);                               its entirety;
—      order the Italian Republic to pay the costs.                       —     As the main plea: hold the Lior Grouping and the
                                                                                defendants jointly liable to pay the Commission the sum
                                                                                of the debit notes issued for all the disputed contracts,
                                                                                namely the total sum of EUR 142 818,86, plus interest
                                                                                under Article 94 of Commission Regulation No 3418/
Pleas in law and main arguments                                                 93 ( 1) until 31 December 2002, and under Article 86(2)(b)
                                                                                of Commission Regulation No 2342/2002 (2) as from
                                                                                1 January 2003, dating from the day after the maturity
                                                                                date of each of the debit notes issued, until the day of
Article 39 EC and Article 3 of Regulation No 1612/68 must                       full payment of the principal debt and interest, more
be interpreted as meaning that, for the purposes of entering                    particularly:
 ---pagebreak--- 6.9.2003             EN                       Official Journal of the European Union                                           C 213/15
     1.  In respect of the Biogaz (SME 3-96), Brochure                             respect of the period from 1 March 2003 until
         bioclimatique (DIS 162-95) and Biomasse                                   15 May 2003 to the sum of EUR 577,25, plus an
         (SME 1539-97) contracts: the sum of EUR 6 156,75,                         additional sum of EUR 7,60 per day of additional
         as set out in debit note no 3240310250, plus                              delay, as from 16 May 2003, until full payment.
         interest thereon, which calculated as above, amounts
         in respect of the period from 1 March 2002 until
         15 May 2003 to the sum of EUR 403,34, plus an                —      In the alternative, should the Court consider, contrary
         additional sum of EUR 1,15 per day of additional                    to the applicant’s submission, that the defendant Lior
         delay, as from 16 May 2003, until full payment.                     International n.v. acquired the status of assignee of the
                                                                             Transport, Photovoltaïc and Agores contracts, order that
                                                                             company jointly with the other defendants to pay the
                                                                             sum of EUR 72 000 plus interest as from the due date of
                                                                             the recovery orders issued for those contracts.
     2.  In respect of the Biomasse (SME 1539-97) contract:
         the sum of EUR 16 325,11, as set out in supplemen-
         tary debit note no 3240402601, plus interest
                                                                      —      In any event: order the Grouping and the defendants to
         thereon, which calculated as above, amounts in
                                                                             pay the costs of the Commission, including its legal costs.
         respect of the period from 1 July 2002 until 15 May
         2003 to the sum of EUR 798,48, plus an additional
         sum of EUR 3,02 per day of additional delay, as
         from 16 May 2003, until full payment.
                                                                      Pleas in law and main arguments
     3.  In respect of the Windenery (SME 792-96) contract:
         the sum of EUR 3 980, as set out in debit note
         no 3240309853, plus interest thereon, which calcu-
         lated as above, amounts in respect of the period             In accordance with the stipulations in the subsidy contracts
         from 16 January 2002 until 15 May 2003 to the                relating to projects selected by the Commission in connection
         sum of EUR 282,23, plus an additional sum of                 with certain Community programmes, particularly in the area
         EUR 0,74 per day of additional delay, as from                of renewable energy sources, the Commission contributes to
         16 May 2003, until full payment.                             the projects contracted up to a percentage of the total eligible
                                                                      costs stipulated in each of the individual contracts. The
                                                                      Commission makes an a posteriori financial contribution of a
                                                                      percentage of the eligible costs actually incurred and duly
                                                                      documented for the carrying out of certain selected projects.
     4.  In respect of the Photovoltaïc (SME 1883-98) con-            Where the financial contribution due for an individual project
         tract: the sum of EUR 36 000, as set out in debit            is less than the subsidies paid for that project, the contracting
         note no 3240304674, plus interest thereon, which             parties must immediately repay the surplus to the Commission.
         calculated as above, amounts in respect of the period
         from 1 September 2001 until 15 May 2003 to the
         sum of EUR 3 947,18, plus an additional sum of
         EUR 7,89 per day of additional delay, as from
         16 May 2003, until full payment.                             The defendants are jointly liable to the Commission for the
                                                                      repayment, as to principal and interest, of the excess amounts
                                                                      received, both in their capacity as contracting parties and in
                                                                      their capacity as members of a European Economic Interest
                                                                      Grouping.
     5.  In respect of the Road Transport Industry (DIS 1178-
         97) contract: the sum of EUR 36 000, as set out in
         debit note no 3240304787, plus interest thereon,
         which, calculated as above, amounts in respect of            (1 ) Commission Regulation (Euratom, ECSC, EC) No 3418/93 of
         the period from 1 September 2001 until 15 May                     9 December 1993 laying down detailed rules for the implemen-
         2003 to the sum of EUR 3 947,18, plus an                          tation of the Financial Regulation of 21 December 1977 (OJ No
         additional sum of EUR 7,89 per day of additional                  L 315, 16.12.1993, p. 1).
         delay, as from 16 May 2003, until full payment.              (2 ) Commission Regulation (EC, Euratom) No 2342/2002 of
                                                                           23 December 2002 laying down detailed rules for the implemen-
                                                                           tation of Council Regulation (EC, Euratom) No 1605/2002 on the
                                                                           Financial Regulation applicable to the general budget of the
                                                                           European Communities (OJ No L 357, 31.12.2002, p. 1).
     6.  In respect of the Altener II-Agores contract
         (DIS 1178-97): the sum of EUR 44 357, as set
         out in debit note no 32404408642, plus interest
         thereon, which, calculated as above, amounts in