CELEX: C2003/264/38
Language: en
Date: 2003-11-01 00:00:00
Title: Case C-381/03: Action brought on 10 September 2003 by the Commission of the European Communities against the Italian Republic

1.11.2003                EN                        Official Journal of the European Union                                          C 264/23
Action brought on 10 September 2003 by the Com-                            The Commission claims that the Court should:
mission of the European Communities against the Italian
                              Republic                                     —     declare that, by failing to adopt all the laws, regulations
                                                                                 and administrative provisions necessary to implement
                                                                                 Directive 2000/35/EC of the European Parliament and of
                           (Case C-381/03)
                                                                                 the Council of 29 June 2000 on combating late payment
                                                                                 in commercial transactions (1) or, in any event, by failing
                          (2003/C 264/38)                                        to communicate such provisions to the Commission, the
                                                                                 Kingdom of Spain has failed to fulfil its obligations under
                                                                                 that directive;
An action against the Italian Republic was brought before the              —     order the Kingdom of Spain to pay the costs.
Court of Justice of the European Communities on 10 Septem-
ber 2003 by the Commission of the European Communities,
represented by K. Banks and K. Simonsson, acting as Agents.
                                                                           Pleas in law and main arguments
The applicant claims that the Court should:
                                                                           The time allowed for transposing the directive expired on
                                                                           8 August 2002.
—     find that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with
      Commission Directive 2001/53/EC of 10 July 2001                      (1) OJ L 200 of 8.8.2000, p. 35.
      amending Council Directive 96/98/EC on marine equip-
      ment (1) or, in any event, by failing to communicate the
      same to the Commission, the Italian Republic has failed
      to fulfil its obligations under that directive;
—     order the Italian Republic to pay the costs.
                                                                           Action brought on 12 September 2003 by the Com-
                                                                           mission of the European Communities against the Federal
Pleas in law and main arguments                                                                   Republic of Germany
                                                                                                     (Case C-386/03)
The time-limit for transposing the directive expired on 17 Feb-
ruary 2002.
                                                                                                     (2003/C 264/40)
(1) OJ L 204 of 28.7.2001, p. 1.
                                                                           An action against the Federal Republic of Germany was
                                                                           brought before the Court of Justice of the European Communi-
                                                                           ties on 12 September 2003 by the Commission of the
                                                                           European Communities, represented by M. Huttunen and
                                                                           M. Niejahr of its Legal Service, with an address for service in
                                                                           Luxembourg.
Action brought on 12 September 2003 by the Com-
mission of the European Communities against the                            The Commission of the European Communities claims that
                         Kingdom of Spain                                  the Court should:
                           (Case C-384/03)                                 1.    declare that by adopting measures in Paragraphs 8(2) and
                                                                                 9(3) of the Verordnung über Bodenabfertigungsdienste
                                                                                 auf Flugplätzen (German Regulation concerning
                          (2003/C 264/39)                                        groundhandling services at airports) of 10 December
                                                                                 1997 which are not compatible with Articles 16 and 18
                                                                                 of Council Directive 96/67/EC of 15 October 1996 on
                                                                                 access to the groundhandling market at Community
An action against the Kingdom of Spain was brought before                        airports (1), the Federal Republic of Germany has failed to
the Court of Justice of the European Communities on 12 Sep-                      fulfil its obligations under that directive;
tember 2003 by the Commission of the European Communi-
ties, represented by D. Gregorio Valero Jordana, with an                   2.    order the Federal Republic of Germany to pay the costs
address for service in Luxembourg.                                               of the proceedings.