CELEX: C2003/146/41
Language: en
Date: 2003-06-21 00:00:00
Title: Case C-141/03: Action brought on 28 March 2003 by the Commission of the European Communities against the Kingdom of Sweden

21.6.2003              EN                      Official Journal of the European Union                                        C 146/25
The applicant claims that the Court should:                            Pleas in law and principal arguments
1.    declare that, by failing to adopt the necessary laws,
      regulations and administrative provisions to implement           The period prescribed for implementing the directive ended
      Commission Directive 2000/38/EC (1) of 5 June 2000               on 31 July 2001.
      amending Chapter Va (Pharmacovigilance) of Council
      Directive 75/319/EEC on the approximation of pro-
      visions laid down by law, regulation or administrative           (1 ) OJ L 193, 29.7.2000, p. 75.
      action relating to medicinal products and/or to notify the       (2 ) OJ L 195, 29.7.1980, p. 35.
      Commission of those provisions, the Federal Republic of
      Germany has failed to fulfil its obligations under the
      directive;
2.    order the Federal Republic of Germany to pay the costs.
                                                                       Action brought on 31 March 2003 by the Commission of
Pleas in law and main arguments                                        the European Communities against the Kingdom of Spain
The time-limit for implementing the directive expired on                                        (Case C-142/03)
5 December 2001.
                                                                                                (2003/C 146/42)
( 1) OJ L 139 of 10.6.2000, p. 28.
                                                                       An action against the Kingdom of Spain was brought before
                                                                       the Court of Justice of the European Communities on 31 March
                                                                       2003 by the Commission of the European Communities,
                                                                       represented by Fernando Castillo de la Torre and Niels Bertil
                                                                       Rasmusen, members of its Legal Service, with an address for
Action brought on 28 March 2003 by the Commission                      service in Luxembourg.
of the European Communities against the Kingdom of
                              Sweden
                                                                       The applicant claims that the Court should:
                         (Case C-141/03)
                                                                       —     declare that the Kingdom of Spain has infringed Article 91
                                                                             of Council Regulation (EC) No 40/94 of 20 December
                         (2003/C 146/41)                                     1993 on the Community trade mark (1) by having
                                                                             failed to communicate to the Commission the list of
                                                                             Community trade mark courts;
An action against the Kingdom of Sweden was brought before             —     order the Kingdom of Spain to pay the costs.
the Court of Justice of the European Communities on 28 March
2003 by the Commission of the European Communities,
represented by P. Hellström and J.M. Flett, acting as Agents,
with an address for service in Luxembourg.
                                                                       Pleas in law and main arguments
The Commission claims that the Court should:
                                                                       The Member States are under an obligation to designate,
                                                                       within three years following entry into force of the regulation,
—     Declare that by failing to adopt the laws and other              ‘Community trade mark courts’ and to communicate to the
      provisions necessary to implement Commission Directive           Commission their names and their territorial jurisdiction. That
      2000/52/EC ( 1) of 26 July 2000 amending Directive 80/           information should have been communicated by 15 March
      723/EEC (2) on the transparency of financial relations           1997 at the latest.
      between Member States and public undertakings or, in
      any event, by failing to inform the Commission thereof,
      the Kingdom of Sweden has failed to fulfil its obligations
                                                                       (1 ) OJ L 11 of 14.1.1994, p. 1.
      under the directive, and
—     Order the Kingdom of Sweden to pay the costs.