CELEX: C2003/055/26
Language: en
Date: 2003-03-08 00:00:00
Title: Case C-11/03: Reference for a preliminary ruling by the Raad van State, Afdeling Administratie by order of that Court of 9 December 2002 in the case of NV Boss Pharma against Belgian State, represented by the Minister for Economic Affairs

8.3.2003               EN                      Official Journal of the European Union                                            C 55/15
Action brought on 10 January 2003 by the Commission                    products for human use and their inclusion in the scope of
of the European Communities against the Grand-Duchy                    national health insurance systems, under which a decision of
                         of Luxembourg                                 the competent national authority refusing permission to
                                                                       market a medicinal product at the price proposed by the
                           (Case C-9/03)                               applicant must contain a statement of reasons ‘based on
                                                                       objective and verifiable criteria’, mean that the competent
                         (2003/C 55/25)                                authority under domestic Belgian legislation must lay down in
                                                                       advance by way of a generally applicable provision the criteria
                                                                       to be taken into consideration by the authority ruling on the
An action against the Grand-Duchy of Luxembourg was                    individual application, or is the decision-making authority
brought before the Court of Justice of the European Communi-           permitted to state in each individual decision the objective and
                                                                       verifiable criteria on which it based its refusal, in that case, to
ties on 10 January 2003 by the Commission of the European
Communities, represented by D. Martin and M. França, acting            grant the application, or is it sufficient for the authority to
                                                                       provide a formal statement of the reasons for its individual
as Agents, with an address for service in Luxembourg.
                                                                       decision by citing actual evidence from the file and for the
                                                                       courts then to review whether that evidence constitutes an
The Commission of the European Communities claims that                 objective and verifiable criterion?
the Court should:
—     Declare that, by failing to bring into force the laws,
                                                                       (1 ) OJ L 40 of 11.02.1989, p. 8.
      regulations and administrative provisions necessary to
      comply with Directive 98/27/EC of the European Parlia-
      ment and of the Council of 19 May 1998 on injunctions
      for the protection of consumers’ interests (1), the Grand-
      Duchy of Luxembourg has failed to fulfil its obligations
      under that directive;
—     Order the Grand-Duchy of Luxembourg to pay the costs.
                                                                       Action brought on 14 January 2003 by the Commission
Pleas in law and main arguments                                        of the European Communities against the Republic of
                                                                                                      Austria
The period for transposition laid down in Article 8 of the
directive expired on 1 January 2001.
                                                                                                 (Case C-15/03)
( 1) OJ 1998 L 166, p. 51.
                                                                                                (2003/C 55/27)
Reference for a preliminary ruling by the Raad van                     An action against the Republic of Austria was brought
State, Afdeling Administratie by order of that Court of                before the Court of Justice of the European Communities
9 December 2002 in the case of NV Boss Pharma against                  on 14 January 2003 by the Commission of the European
Belgian State, represented by the Minister for Economic                Communities, represented by Dr Jürgen Grunwald, legal
                              Affairs                                  adviser of the European Commission and Minas Konstantinidis,
                                                                       of its legal service, with an address for service at the office of
                                                                       Luis Escobar Guerrero, of the Commission’s legal service,
                          (Case C-11/03)
                                                                       Wagner Centre C 254, Luxembourg-Kirchberg.
                         (2003/C 55/26)
                                                                       The applicant claims that the Court should:
Reference has been made to the Court of Justice of the
European Communities by order of the Raad van State,                   1.    Declare that the Republic of Austria has infringed its
Afdeling Administratie (Council of State, Administrative Div-                obligations under Article 3(1) of Council Directive 75/
ision) of 9 December 2002, received at the Court Registry on                 439/EEC of 16 June 1975 on the disposal of waste oils (1)
13 January 2003, for a preliminary ruling in the case of NV                  by failing to take the legal and practical measures
Boss Pharma against Belgian State, represented by the Minister               necessary to ensure that priority is given to the treatment
for Economic Affairs on the following question:                              by way of regeneration of waste oils, so long as that is
                                                                             not precluded by technical, financial and organisational
                                                                             constraints.
On a proper interpretation, does Article 2(2) of Council
Directive 89/105/EEC (1) of 21 December 1988 relating to the
transparency of measures regulating the prices of medicinal            2.    Order the Republic of Austria to pay the costs.