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C 213/14 EN Official Journal of the European Union 6.9.

2003

Furthermore, it is evident that the difficulty in proving that the the Italian civil service, periods of comparable work completed
misconduct of the State or public bodies was culpably or in the civil service of a Member State other than Italy must be
maliciously intended could, in practice, result in actions for taken into consideration by the Italian authorities in the same
damages brought by persons harmed by an infringement being way as experience gained in the Italian civil service.
delayed and, in all likelihood, unsuccessful. Such a situation
undermines the effectiveness of Article 1(1) of the directive,
namely that effective and rapid remedies must be available in The Commission submits that the current practice in Italy is
the case of infringements of Community law in the field of not to take into consideration time spent in comparable
public procurement or national rules implementing that law. occupations in the civil service of other Member States. That
practice on the part of the Ministry of Education is inconsistent
with the aforesaid laws.
( 1) OJ 1989 L 395, p. 33.
(1 ) OJ L 257 of 19.10.1968 p. 2.

Action brought on 26 June 2003 by the Commission of Action brought on 24 June 2003 by the Commission
the European Communities against the Italian Republic of the European Communities against the European
Economic Interest Grouping Lior and Others

(Case C-278/03) (Case C-280/03)

(2003/C 213/24) (2003/C 213/25)

An action against the European Economic Interest Grouping


An action against the Italian Republic was brought before the Lior, Deira SA, Eutec Srl, Mindshare Bvba, Società Politecnica
Court of Justice of the European Communities on 26 June Italiana (SPI) Sarl, Beneport SA, Europe Information Service
2003 by the Commission of the European Communities, SA, Managium Sprl, Pi Due Sprl, C.A.R.M.E.N. e.v., Energy
represented by M.-J. Jonczy, acting as Agent. Research Group/University College Dublin, ORCA-Organic
Reclamation and Composting Ass. AIBS, R.P.A. Spa, Aris
Hellas Ltd, and against Lior International n.v., was brought
before the Court of Justice of the European Communities
The applicant claims that the Court should: on 24 June 2003 by the Commission of the European
Communities, represented by H. Støvlbæk, acting as Agent,
— find that, by failing to take into account professional assisted by M. Bra, avocat, with an address for service in
experience gained by European Union citizens in the civil Luxembourg.
service of a Member State other than Italy for the
purposes of their participation in competitions for the
selection of staff to teach at Italian state schools, the The Commission of the European Communities claims that
Italian Republic has failed to fulfil its obligations under the Court should:
Article 39 EC and Article 3 of Council Regulation
No 1612/68 of 15 October 1968 on freedom of move- — declare the present action admissible and well-founded in
ment for workers within the Community (1); its entirety;

— order the Italian Republic to pay the costs. — As the main plea: hold the Lior Grouping and the
defendants jointly liable to pay the Commission the sum
of the debit notes issued for all the disputed contracts,
namely the total sum of EUR 142 818,86, plus interest
under Article 94 of Commission Regulation No 3418/
Pleas in law and main arguments 93 ( 1) until 31 December 2002, and under Article 86(2)(b)
of Commission Regulation No 2342/2002 (2) as from
1 January 2003, dating from the day after the maturity
date of each of the debit notes issued, until the day of
Article 39 EC and Article 3 of Regulation No 1612/68 must full payment of the principal debt and interest, more
be interpreted as meaning that, for the purposes of entering particularly: