«(Directive 1999/5/EC – Radio equipment and telecommunications terminal equipment – Effective judicial protection of rights conferred by the Community legal order – Permissibility of administrative penalties under national legislation – Application to set aside a seizure measure against a third party)»

1.. Community law – Direct effect – Individual rights – Protected by national courts and tribunals – Legal proceedings – Detailed national procedural rules – Conditions of application – Determination, by each Member State, of standing and legal interest in bringing proceedings – Limits – Respect for the right to effective judicial protection

2.. Community law – Principles – Right to effective judicial protection – National legislation preventing an importer challenging a measure under which goods sold to a retailer are seized – Whether permissible – Conditions

JUDGMENT OF THE COURT (Sixth Chamber) 11 September 2003 (1)

((Directive 1999/5/EC – Radio equipment and telecommunications terminal equipment – Effective judicial protection of rights conferred by the Community legal order – Permissibility of administrative penalties under national legislation – Application to set aside a seizure measure against a third party))

In Case C-13/01,

REFERENCE to the Court under Article 234 of the EC Treaty by the Giudice di pace di Genova (Italy) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of the principles of proportionality, effectiveness and judicial protection of rights conferred by the Community legal order,

THE COURT (Sixth Chamber),,

composed of: J.-P. Puissochet, President of the Chamber, R. Schintgen, C. Gulmann, F. Macken and J.N. Cunha Rodrigues (Rapporteur), Judges,

Advocate General: C. Stix-Hackl,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Safalero Srl, represented by G. Conte and G. M. Giacomini, avvocato, of the Italian Government, represented by M. Fiorilli, of the French Government, represented by C. Lemaire, acting as Agent, and of the Commission, represented by R. Amorosi, at the hearing on 9 January 2003,

after hearing the Opinion of the Advocate General at the sitting on 20 March 2003,

gives the following

Community legislation

Where a particular model or type of product is the subject of several measures, adopted under identical substantive conditions and procedures, only the first of those measures shall be subject to the notification requirement.

National legislation

On those grounds,

THE COURT (Sixth Chamber),

in answer to the question referred to it by the Giudice di pace di Genova by orders of 4 January 2001 and 30 July 2002, hereby rules:

Puissochet

Schintgen

Gulmann

Macken

Cunha Rodrigues

Delivered in open court in Luxembourg on 11 September 2003.

R. Grass

J.-P. Puissochet

Registrar

President of the Sixth Chamber