CELEX: C2003/213/36
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-302/03: Action brought on 14 July 2003 by the Commission of the European Communities against the Italian Republic

C 213/20               EN                     Official Journal of the European Union                                          6.9.2003
Pleas in law and main arguments                                       2003 by the Commission of the European Communities,
                                                                      represented by M. van Beek and G. Valero Jordana, acting as
The appellants plead that the Court erred in finding that the         Agents, with an address for service in Luxembourg.
damage which they alleged arose from the fact of not
managing to import ACP bananas. In truth, the appellants
were complaining that in 1999 and 2000 they had not                   The applicant claims that the Court should:
obtained certificates to import bananas from non-member
countries despite their right to do so under their reference          1.    declare that, by failing to bring into force the laws,
quantity based exclusively on imports of bananas from non-                  regulations and administrative provisions needed in order
member countries. The appellants submit that the Court failed               to comply with Council Directive 1999/22/EC (1) relating
to take account of their arguments in support of their                      to the keeping of wild animals in zoos or, in any event,
application for damages.                                                    by failing to have informed the Commission of any
                                                                            such laws, regulations or administrative provisions, the
                                                                            Kingdom of Spain has failed to fulfil its obligations under
                                                                            that Directive;
                                                                      2.    order the Kingdom of Spain to pay the costs.
Reference for a preliminary ruling by the Conseil d’État,
Section d’Administration by judgment of that Court of
27 June 2003 in the case of Société Anonyme Glaxo-
                SmithKline against Belgian State
                                                                      Pleas in law and main arguments
                         (Case C-296/03)
                                                                      The period within which the directive was to be incorporated
                         (2003/C 213/34)
                                                                      into national law expired on 9 April 2002.
Reference has been made to the Court of Justice of the                (1 ) OJ L 94 of 9.4.1999, p. 24.
European Communities by judgment of the Conseil d’État,
Section d’Administration (Council of State, Administrative
Section) of 27 June 2003, received at the Court Registry on
8 July 2003, for a preliminary ruling in the case of Société
Anonyme GlaxoSmithKline against Belgian State on the fol-
lowing question:
Must the time-limit of 90 days, which may be extended for a
further 90 days, referred to in the first subparagraph of             Action brought on 14 July 2003 by the Commission of
Article 6(1) of Council Directive 89/105/EEC of 21 December             the European Communities against the Italian Republic
1988 relating to the transparency of measures regulating the
prices of medicinal products for human use and their inclusion
in the scope of national health insurance systems (1) be                                        (Case C-302/03)
considered to be a strict time-limit precluding, upon expiry,
the adoption of any decision, even where an initial decision
                                                                                                (2003/C 213/36)
adopted timeously has been annulled?
( 1) OJ L 40 of 11.02.1989, p. 8.
                                                                      An action against the Italian Republic was brought before the
                                                                      Court of Justice of the European Communities on 14 July
                                                                      2003 by the Commission of the European Communities,
                                                                      represented by M. Van Beek and R. Amorosi, acting as Agents.
Action brought on 10 July 2003 by the Commission of
the European Communities against the Kingdom of Spain                 The applicant claims that the Court should:
                         (Case C-298/03)
                                                                      —     find that, by failing to adopt the laws, regulations
                                                                            and administrative provisions necessary to comply with
                         (2003/C 213/35)                                    Council Directive 1999/22/EC (1) of 29 March 1999
                                                                            relating to the keeping of wild animals in zoos or, in any
                                                                            event, by failing to communicate the same to the
An action against the Kingdom of Spain was brought before                   Commission the Italian Republic has failed to fulfil its
the Court of Justice of the European Communities on 10 July                 obligations under Article 9 of that directive;
 ---pagebreak--- 6.9.2003                  EN                       Official Journal of the European Union                                          C 213/21
—      order the Italian Republic to pay the costs.                        Action brought on 14 July 2003 by Commission of the
                                                                           European Communities against PROSECOM — Protecção,
                                                                                          Segurança e Comunicações, Lda
Pleas in law and main arguments
                                                                                                    (Case C-304/03)
The time-limit for implementing the directive expired on
9 April 2002.                                                                                       (2003/C 213/38)
( 1) OJ L 94 of 9.4.1999, p. 24.
                                                                           An action against PROSECOM — Protecção, Segurança e
                                                                           Comunicações, Lda. was brought before the Court of Justice of
                                                                           the European Communities on 14 July 2003 by the Com-
                                                                           mission of the European Communities, represented by R. Lyal
                                                                           and G. Braga da Cruz, acting as Agents, with an address for
                                                                           service in Luxembourg.
Action brought on 14 July 2003 by the Commission of
   the European Communities against the Italian Republic
                                                                           The applicant claims that the Court should:
                            (Case C-303/03)
                                                                           —     order the defendant to pay to the applicant
                            (2003/C 213/37)                                      EUR 111 605,10 (one hundred and eleven thousand six
                                                                                 hundred and five euros and ten cents), composed of
                                                                                 EUR 88 276 by way of capital, and EUR 23 329,10 by
                                                                                 way of interest accrued between 15 November 1998 until
An action against the Italian Republic was brought before the                    30 June 2003, inclusive, at the rate of 5,50 % (until
Court of Justice of the European Communities on 14 July                          31 December 2002) and 7,50 % (from 1 January 2003);
2003 by the Commission of the European Communities,
represented by M. Konstantinidis and R. Amorosi, acting as
Agents.                                                                    —     order the defendant to pay EUR 18,14 (eighteen euros
                                                                                 and fourteen cents) per day as interest calculated at the
                                                                                 same rate from 1 July 2003, until full payment;
The applicant claims that the Court should:
                                                                           —     order the defendant to pay the costs of proceedings.
—      find that, by failing to adopt the laws, regulations
       and administrative provisions necessary to comply with
       Directive 2000/53/EC ( 1) of the European Parliament and
       of the Council of 18 September 2000 on end-of- life
       vehicles or, in any event, by failing to communicate the
       same to the Commission, the Italian Republic has failed             Pleas in law and main arguments
       to fulfil its obligations under Article 10 of that directive;
—      order the Italian Republic to pay the costs.                        Under the general terms and conditions of the contract,
                                                                           the signatories agreed, in the event that the total financial
                                                                           contribution by the Commission should prove to be less than
                                                                           the payment actually made, to return the difference forthwith
Pleas in law and main arguments                                            to the Commission. By failing to return forthwith the above-
                                                                           mentioned amounts which were given to it by the Com-
                                                                           mission, the defendant failed to fulfil its obligations under the
The time-limit for implementing the directive expired on                   contract. The total amount of costs accepted by the defendant
21 April 2002.                                                             found by the Commission after an audit was PTE 26 270 857,
                                                                           so that the Commission’s contribution was fixed at
                                                                           PTE 13 135 428 (ECU 68 686). In view of the fact that the
( 1) OJ L 269 of 21.10.2000, p. 34.                                        total received by the defendant was ECU 156 962, the
                                                                           amount overpaid which must be returned by the defendant is
                                                                           ECU 88 276. No payment has been made to date, so that the
                                                                           defendant is still in debt for the full amount. In addition to the