Judgment of the Court (Fifth Chamber) of 18 October 2001 in Case C-354/99: Commission of the European Communities v Ireland (Failure to fulfil obligations — Directive 86/609/EEC — Incomplete implementation)
Date: 2001-12-08
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, animal experimentation, protection of animals

C 348/2

EN

Official Journal of the European Communities

8.12.2001

P.

Jann,

6 October 1997 (OJ 1997 L 290, p. 18) — the Court,
composed of:
the Chamber,
D.A.O. Edward, A. La Pergola, L. Sevo´ n (Rapporteur) and
M. Wathelet, Judges; P. Léger, Advocate General; H.A. Rühl,
Principal Administrator, for the Registrar, has given a judgment
on 25 October 2001, in which it has ruled:

President

of

1. On a proper construction of Articles 2(2a) and 3a(1)(c)
of Council Directive 84/450/EEC of 10 September 1984
concerning misleading and comparative advertising, as amended
by Directive 97/55/EC of the European Parliament and of the
Council of 6 October 1997, the indication, in the catalogue of
a supplier of spare parts and consumable items suitable for the
products of an equipment manufacturer, of product numbers
(OEM numbers) by which the equipment manufacturer desig-
nates the spare parts and consumable items which he himself
sells may constitute comparative advertising which objectively
compares one or more material, relevant, verifiable and represen-
tative features of goods.

2. On a proper construction of Article 3a(1) (g) of Directive
84/450/EEC as amended by Directive 97/55/EC, where
product numbers (OEM numbers) of an equipment manufac-
turer are, as such, distinguishing marks within the meaning of
that provision, their use in the catalogues of a competing
supplier enables him to take unfair advantage of the reputation
attached to those marks only if the effect of the reference to
them is to create, in the mind of the persons at whom the
advertising is directed, an association between the manufacturer
whose products are identified and the competing supplier, in
that those persons associate the reputation of the manufacturer’s
products with the products of the competing supplier. In order
to determine whether that condition is satisfied, account should
be taken of the overall presentation of the advertising at issue
and the type of persons for whom the advertising is intended.

d’arrondissement de Luxembourg (Luxembourg) for a prelimi-
nary ruling in the proceedings pending before that court
between Christiane Adam, épouse Urbing and Administration
de l’enregistrement et des domaines — on the interpretation
of Annex F(2) of the Sixth Council Directive (77/388/EEC) of
17 May 1977 on the harmonisation of the laws of the Member
States relating to turnover taxes — Common system of value
added tax: uniform basis of assessment (OJ 1977 L 145, p. 1)
— the Court (Second Chamber), composed of: N. Colneric,
President of
the Chamber, V. Skouris (Rapporteur) and
J.N. Cunha Rodrigues, Judges; A. Tizzano, Advocate General;
R. Grass, Registrar, has given a judgment on 11 October 2001,
in which it has ruled:

It is for each Member State to determine and define the transactions
to which may be applied a reduced rate under Article 12(4) of the
Sixth Council Directive (77/388/EEC) of 17 May 1977 on the
harmonisation of the laws of the Member States relating to turnover
taxes — Common system of value added tax: uniform basis of
assessment, until 31 December 1992, and under Article 28(2)(e) of
that Directive as amended by Council Directive 92/77/EEC of
19 October 1992 supplementing the common system of value added
tax and amending Directive 77/388/EEC (approximation of VAT
rates), as from 1 January 1993, subject to the necessity to respect the
principle of neutrality of the value added tax.

The liberal professions mentioned in Annex F(2)
to the Sixth
Directive 77/388/EEC are activities which involve a marked intellec-
tual character, require a high-level qualification and are usually
subject to clear and strict professional regulation. In the exercise of
such an activity, the personal element is of special importance and
such exercise always involves a large measure of independence in the
accomplishment of the professional activities.

(1) OJ C 188 of 3.7.1998.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT

(Second Chamber)

of 11 October 2001

in Case C-267/99 (reference for a preliminary ruling
from the Tribunal d’arrondissement de Luxembourg):
Christiane Adam, épouse Urbing v Administration de
l’enregistrement et des domaines (1)

(Sixth VAT directive — Concept of liberal profession —
Managing agent of buildings in co-ownership)

(2001/C 348/03)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 October 2001

in Case C-354/99: Commission of the European Communi-
ties v Ireland (1)

(Failure to fulfil obligations — Directive 86/609/EEC —
Incomplete implementation)

(2001/C 348/04)

(Language of the case: English)

In Case C-267/99: reference to the Court under Article 177 of
from the Tribunal
the EC Treaty (now Article 234 EC)

In Case C-354/99: Commission of the European Communities
(Agent: R. Wainwright) v Ireland (Agents: initially M.A. Buck-

8.12.2001

EN

Official Journal of the European Communities

C 348/3

ley, and subsequently L.A. Farrell) — application for a declar-
ation that, by failing to take all the measures necessary to
ensure the correct implementation of Articles 2(d), 11 and 12
of Council Directive 86/609/EEC of 24 November 1986 on
the approximation of the laws, regulations and administrative
provisions of the Member States regarding the protection of
animals used for experimental and other scientific purposes
(OJ 1986 L 358, p. 1) and by failing to provide for an adequate
system of penalties for non-compliance with the requirements
of Directive 86/609/EEC, Ireland has failed to comply with the
Directive, in particular Article 25 thereof, and has failed to
fulfil its obligations under the EC Treaty, in particular Article 5
thereof (now Article 10 EC) — the Court (Fifth Chamber),
composed of: P. Jann, President of the Chamber, S. von Bahr,
D.A.O. Edward, A. La Pergola (Rapporteur) and C.W.A. Tim-
mermans, Judges; L.A. Geelhoed, Advocate General; R. Grass,
for the Registrar, has given a judgment on 18 October 2001,
the operative part of which is as follows:

1.

By failing to adopt all the measures necessary to ensure the
correct
implementation of Articles 2(d), 11 and 12 of
Council Directive 86/609/EEC of 24 November 1986 on the
approximation of the laws, regulations and administrative
provisions of the Member States regarding the protection of
animals used for experimental and other scientific purposes,
and by failing to provide for an adequate system of penalties for
non-compliance with
of Directive
86/609/EEC, Ireland has failed to fulfil its obligations under
the Directive, in particular Article 25 thereof, and under the
EC Treaty, in particular Article 5 thereof (now Article 10 EC);

requirements

the

(Germany) for a preliminary ruling in the proceedings pending
before that court between Pensionskasse für die Angestellten
der Barmer Ersatzkasse VVaG and Hans Menauer — the
interpretation of Article 119 of the EC Treaty (Articles 117 to
120 of the EC Treaty have been replaced by Articles 136 EC
to 143 EC) — the Court (Sixth Chamber), composed of:
F. Macken, President of the Chamber, N. Colneric, C. Gulmann,
J.-P. Puissochet and V. Skouris (Rapporteur), Judges; A. Tiz-
zano, Advocate General; R. Grass, Registrar, has given a
judgment on 9 October 2001, in which it has ruled:

Article 119 of the EC Treaty (Articles 117 to 120 of the EC Treaty
have been replaced by Articles 136 EC to 143 EC) must be
interpreted to the effect
that bodies such as German pension
funds (‘Pensionskassen’) entrusted with providing benefits under an
occupational pension scheme are required to ensure equal treatment
between men and women, even if the employees discriminated against
on the basis of sex have, as against those directly liable, namely their
employers in their capacity as parties to their employment contracts,
a protected right
insolvency that excludes all
discrimination.

in the event of

(1) OJ C 366 of 18.12.1999.

2.

Ireland is ordered to pay the costs.

JUDGMENT OF THE COURT

(1) OJ C 352 of 4.12.1999.

(Sixth Chamber)

of 16 October 2001

JUDGMENT OF THE COURT

(Sixth Chamber)

of 9 October 2001

in Case C-379/99 (reference for a preliminary ruling
from the Bundesarbeitsgericht): Pensionskasse für die
Angestellten der Barmer Ersatzkasse VVaG v Hans Menau-
er (1)

(Equal pay for men and women — Occupational pensions
— Pension funds entrusted with carrying out the employer’s
obligation as regards payment of a supplementary pension —
Survivor’s pension)

(2001/C 348/05)

(Language of the case: German)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-379/99: reference to the Court under Article 234
(Federal Labour Court)
EC from the Bundesarbeitsgericht

in Joined Cases C-396/99 and C-397/99: Commission of
the European Communities v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations —
Directives 90/388/EEC and 96/2/EC — Market for telecom-
munications services — Mobile and personal communi-
cations)

(2001/C 348/06)

(Language of the case: Greek)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Joined Cases C-396/99 and C-397/99: Commission of the
European Communities (Agents: B. Doherty and D. Triantafyl-
lou) v Hellenic Republic (Agents: N. Dafniou and S. Chala) —
application for a declaration that, by failing to take, within the
prescribed period, all the measures necessary to comply with
Article 2(1) (Case C-396/99) and Article 2(2) (Case C-397/99)
of Commission Directive 96/2/EC of 16 January 1996
amending Directive 90/388/EEC with regard to mobile and