Operative part of the judgment  
The Court:  
1. Declares that, by adopting Articles 137(8), 138, third indent, 
153 and 157(3) of the Programme Law (I) of 27 December 
2006, in the version in force since 1 April 2007, namely by 
imposing a prior declaration requirement on self-employed service 
providers established in Member States other than the Kingdom of 
Belgium in respect of their activity in Belgium, the Kingdom of 
Belgium has failed to fulfil its obligations under Article 56 TFEU;  
2. Orders the Kingdom of Belgium to pay the costs;  
3. Orders the Kingdom of Denmark to bear its own costs.  
( 1 ) OJ C 72, 5.3.2011.  
Judgment of the Court (First Chamber) of 19 December 
2012 — European Commission v Italian Republic  
(Case C-68/11)  ( 1 ) 
(Failure of a Member State to fulfil obligations — 
Environment — Directive 1999/30/EC — Pollution control 
— Limit values for concentrations of PM  10 in ambient air)  
(2013/C 46/04)  
Language of the case: Italian  
Parties  
Applicant:  European Commission (represented by: A. Alcover 
San Pedro and S. Mortoni, Agents)  
Defendant:  Italian Republic (represented by: G. Palmieri, Agent, 
and by S. Varone, avvocato dello Stato)  
Re: 
Failure of a Member State to fulfil obligations — Infringement 
of Article 5(1) of Council Directive 1999/30/EC of 22 April 
1999 relating to limit values for sulphur dioxide, nitrogen 
dioxide and oxides of nitrogen, particulate matter and lead in 
ambient air (OJ 1999 L 163, p. 41; now Article 13 of Directive 
2008/50/EC of the European Parliament and of the Council of 
21 May 2008 on ambient air quality and cleaner air for Europe, 
OJ 2008 L 152, p. 1) — Limit values for PM  10 particles in 
ambient air exceeded from 2005  
Operative part of the judgment  
The Court:  
1. Declares that, by having failed to ensure that, for the years 2006 
and 2007, concentrations of PM  10 in ambient air did not exceed 
the limit values set in Article 5(1) of Council Directive 
1999/30/EC of 22 April 1999 relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, 
particulate matter and lead in ambient air in the 55 Italian 
zones and agglomerations referred to in the European 
Commission’s letter of formal notice of 2 February 2009, the 
Italian Republic has failed to fulfil its obligations under that 
provision;  
2. Dismisses the action as to the remainder;  
3. Orders the European Commission and the Italian Republic to bear 
their own costs.  
( 1 ) OJ C 145, 14.5.2011.  
Judgment of the Court (Second Chamber) of 19 December 
2012 (request for a preliminary ruling from the 
Gerechtshof te ’s-Gravenhage — Netherlands) — Leno 
Merken BV v Hagelkruis Beheer BV  
(Case C-149/11)  ( 1 ) 
(Community trade mark — Regulation (EC) No 207/2009 — 
Article 15(1) — ‘Genuine use of the trade mark’ — 
Territorial scope of use — Use of the Community trade 
mark in a single Member State — Whether sufficient)  
(2013/C 46/05)  
Language of the case: Dutch  
Referring court  
Gerechtshof te ’s-Gravenhage  
Parties to the main proceedings  
Applicant:  Leno Merken BV  
Defendant:  Hagelkruis Beheer BV  
Re: 
Request for a preliminary ruling — Gerechtshof te’s-Gravenhage 
— Interpretation of Article 15(1) of Council Regulation (EC) No 
207/2009 of 26 February 2009 on the Community trade mark 
(OJ 2009 L 78, p. 1) — Use of the mark — Genuine use — 
Meaning — Use of a Community trade mark on the territory of 
just one Member State — Use regarded as genuine by that State 
if it were an identical national mark.  
Operative part of the judgment  
Article 15(1) of Regulation No 207/2009 of 26 February 2009 on 
the Community trade mark must be interpreted as meaning that the 
territorial borders of the Member States should be disregarded in the 
assessment of whether a trade mark has been put to ‘genuine use in 
the Community’ within the meaning of that provision.EN 16.2.2013 Official Journal of the European Union C 46/3