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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.