Judgment of the Court (Sixth Chamber) of 20 March 2003 in Case C-135/01: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 98/56/EC — Marketing of propagating material of ornamental plants — Failure to transpose within the prescribed period — Difficulties of interpretation)
Date: 2003-05-10
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, horticulture, plant health control, plant propagation

C 112/4

EN

Official Journal of the European Union

10.5.2003

make-up or structure of such goods, or for goods or services
directly connected with the goods previously sold and intended
to meet the needs of customers of those goods.

2.

It is for the national court to draw the consequences for the
resolution of the dispute before it of the interpretation of the
Community law concept of ‘genuine use’ of the trade mark given
in the reply to the first question referred for a preliminary ruling.

( 1) OJ C 95 of 24.3.2001.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 20 March 2003

in Case C-135/01: Commission of the European Communi-
ties v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directive
98/56/EC — Marketing of propagating material of orna-
mental plants — Failure to transpose within the prescribed
period — Difficulties of interpretation)

(2003/C 112/06)

(Language of the case: German)

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

In Case C-135/01, Commission of the European Communities
(Agent: G. Braun) v Federal Republic of Germany (Agents:
W.-D. Plessing and B. Muttelsee-Schön): Application for a
declaration that, by failing within the prescribed period to
adopt all the laws, regulations and administrative measures
law Council
necessary in order to transpose into national
Directive 98/56/EC of 20 July 1998 on the marketing of
propagating material of ornamental plants (OJ 1998 L 226,
p. 16), the Federal Republic of Germany has failed to fulfil its
obligations under the EC Treaty and that directive, the Court
(Sixth Chamber), composed of: J.-P. Puissochet, President of
the Chamber, C. Gulmann and V. Skouris (Rapporteur),
F. Macken and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,
Advocate General; R. Grass, Registrar, has given a judgment
on 20 March 2003, in which it has ruled:

1. Declares that, by failing within the prescribed period to adopt
all the laws, regulations and administrative measures necessary
to transpose into national law Council Directive 98/56/EC of
20 July 1998 on the marketing of propagating material of
ornamental plants, the Federal Republic of Germany has failed
to fulfil its obligations under that directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 161 of 2.6.2001.

JUDGMENT OF THE COURT

of 11 March 2003

in Case C-186/01 (Reference for a preliminary ruling from
the Verwaltungsgericht Stuttgart): Alexander Dory v
Federal Republic of Germany (1)

(Inapplicability of Community law to compulsory military
service — Equal treatment of men and women — Article 2
of Directive 76/207/EEC — Compulsory military service in
Germany limited to men only — Directive not applicable)

(2003/C 112/07)

(Language of the case: German)

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

(Germany)

In Case C-186/01: Reference to the Court under Article 234
EC by the Verwaltungsgericht Stuttgart
for a
preliminary ruling in the proceedings pending before that
court between Alexander Dory and Federal Republic of
Germany, on the interpretation of Article 2 of Council
Directive 76/207/EEC of 9 February 1976 on the implemen-
tation of the principle of equal treatment for men and women
as regards access to employment, vocational training and
promotion, and working conditions (OJ 1976 L 39, p. 40),
and, more generally, on the compatibility with Community
law of
the limitation of compulsory military service in
Germany to men, the Court, composed of: G.C. Rodríguez
Iglesias, President, J.-P. Puissochet (Rapporteur), M. Wathelet,
R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
bers), C. Gulmann, D.A.O. Edward, P.
Jann, V. Skouris,
F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
Judges; C. Stix-Hackl, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
11 March 2003, in which it has ruled:

Community law does not preclude compulsory military service being
reserved to men.

(1) OJ C 200 of 14.7.2001.