CELEX: C2003/019/43
Language: en
Date: 2003-01-25 00:00:00
Title: Case C-440/02: Action brought on 3 December 2002 by the Commission of the European Communities against the Italian Republic

25.1.2003                EN                       Official Journal of the European Communities                                           C 19/25
Pleas in law and main arguments                                              Pleas in law and main arguments
By inspecting 14,1 % (in 1999) and 12,2 % (in 2000) of vessels               Under Article 249 of the EC Treaty, according to which a
which entered its ports, France has inspected an insufficient                directive is to be binding, as to the result to be achieved, upon
number of vessels entering its ports. Lack of staff cannot justify           each Member State to which it is addressed, Member States are
failure to fulfil obligations under Article 5(1) of Directive 95/            required to observe the time-limits laid down in directives for
21/EC.                                                                       their transposition. That time-limit expired on 31 July 2001
                                                                             without the Italian Republic having brought into force the
                                                                             necessary provisions in order to comply with the directive
                                                                             referred to in the Commission’s application.
( 1) OJ Council Directive 95/21/EC of 19 June 1995 concerning the
     enforcement, in respect of shipping using Community ports and
     sailing in the waters under the jurisdiction of the Member States,
     of international standards for ship safety, pollution prevention        (1 ) OJ 1999 L 201, p. 77.
     and shipboard living and working conditions (port State control)
     (OJ 1995 L 157, p. 1).
                                                                             Reference for a preliminary ruling by the Conseil d’État
                                                                             by order of that Court of 6 November 2002 in the case of
                                                                             Caixa Bank France against Ministère de l’économie, des
Action brought on 3 December 2002 by the Commission                                               finances et de l’industrie
of the European Communities against the Italian Republic
                                                                                                       (Case C-442/02)
                           (Case C-440/02)
                                                                                                        (2003/C 19/44)
                            (2003/C 19/43)
                                                                             Reference has been made to the Court of Justice of the
                                                                             European Communities by order of the Conseil d’État of
An action against the Italian Republic was brought before the                6 November 2002, received at the Court Registry on 5 Decem-
Court of Justice of the European Communities on 3 December                   ber 2002, for a preliminary ruling in the case of Caixa Bank
2002 by the Commission of the European Communities,                          France against Ministère de l’économie, des finances et de
represented by Maria Patakia and Claudio Loggi, acting as                    l’industrie on the following questions:
Agents.
                                                                             1.     As Directive 2000/12/EC of the European Parliament and
                                                                                    of the Council of 20 March 2000 (1) is silent on the point,
The applicant claims that the Court should:                                         does the prohibition by a Member State of banking
                                                                                    institutions duly established in its territory from remuner-
                                                                                    ating sight accounts and other repayable funds constitute
—      Declare that, by failing to adopt and bring into force                       an obstacle to freedom of establishment?
       within the prescribed period the laws, regulations and
       administrative provisions necessary to comply with
       Directive 1999/42/EC ( 1) of the European Parliament and              2.     If the answer to the first question is in the affirmative,
                                                                                    what kind of reasons of the public interest might in an
       of the Council of 7 June 1999 establishing a mechanism
       for the recognition of qualifications in respect of the                      appropriate case be relied on to justify such an obstacle?
       professional activities covered by the Directives on liberal-
       isation and transitional measures and supplementing the
       general systems for the recognition of qualifications, or,            (1 ) Directive 2000/12/EC of the European Parliament and of the
       in any event, by failing to communicate them, the Italian                  Council of 20 March 2000 relating to the taking up and pursuit
       Republic has failed to fulfil its obligations under the                    of the business of credit institutions (OJ L 126 of 26.05.2000,
                                                                                  p. 1).
       directive; and
—      Order the Italian Republic to pay the costs.