Judgment of the Court (Fifth Chamber) of 6 November 2003 in Case C-358/01: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Article 28 EC — Prohibition on marketing under the name "limpiador con lejía" ("cleaner with bleach") of goods lawfully manufactured and marketed in other Member States where their active chlorine content is less than 35 g/l)
Date: 2004-01-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, market access, polishing and scouring preparations, product designation

10.1.2004

EN

Official Journal of the European Union

C 7/13

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 6 November 2003

(Sixth Chamber)

of 16 October 2003

in Case C-358/01: Commission of the European Communi-
ties v Kingdom of Spain (1)

in Case C-363/01 (Reference for a preliminary ruling from
the Oberlandesgericht Frankfurt am Main): Flughafen
Hannover-Langenhagen GmbH v Deutsche Lufthansa
AG (1)

(Failure of a Member State to fulfil obligations — Article 28
EC — Prohibition on marketing under the name ‘limpiador
con lejía’ (‘cleaner with bleach’) of goods lawfully manufac-
tured and marketed in other Member States where their
active chlorine content is less than 35 g/l)

(Air transport — Access to the groundhandling market in
Community airports — Directive 96/67/EC — Article 16 —
Collection of a fee for access to airport installations —
Conditions)

(2004/C 7/20)

(Language of the case: Spanish)

(2004/C 7/21)

(Language of the case: German)

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

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

In Case C-358/01, Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Díaz
Abad): Application for a declaration that, by refusing access to
the Spanish market under the name of ‘limpiador con lejía’
(‘cleaner with bleach’) or similar to products lawfully manufac-
tured and marketed in other Member States where their active
chlorine content is less than 35 grams per litre, the Kingdom
of Spain has failed to fulfil its obligations under Article 28 EC,
the Court (Fifth Chamber), composed of: D.A.O. Edward
(Rapporteur), acting for the President of the Fifth Chamber,
A. La Pergola and P. Jann, Judges; S. Alber, Advocate General;
R. Grass, Registrar, has given a judgment on 6 November
2003, in which it:

1. Declares that, by refusing access to the Spanish market under
the name of ‘limpiador con lejía’ (cleaner with bleach) or similar
to products lawfully manufactured and marketed in other
Member States where their active chlorine content is less than
35 grams per litre, the Kingdom of Spain has failed to fulfil its
obligations under Article 28 EC.

2. Orders the Kingdom of Spain to pay the costs.

In Case C-363/01: Reference to the Court under Article 234 EC
by the Oberlandesgericht Frankfurt am Main (Germany) for a
preliminary ruling in the proceedings pending before that
court between Flughafen Hannover-Langenhagen GmbH and
Deutsche Lufthansa AG on the interpretation of Article 16(3)
of Council Directive 96/67/EC of 15 October 1996 on access
to the groundhandling market at Community airports (OJ
1996 L 272, p. 36), the Court (Sixth Chamber), composed of:
J.-P. Puissochet, President of
the Chamber, C. Gulmann,
V. Skouris, N. Colneric and J.N. Cunha Rodrigues (Rapporteur),
Judges;
J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
16 October 2003, in which it has ruled:

Council Directive 96/67/EC of 15 October 1996 on access to
the groundhandling market at Community airports, in particular
Article 16(3) thereof, precludes the managing body of an airport
from making access to the groundhandling market in the airport
subject to payment by a supplier of groundhandling services or self-
handler of an access fee as consideration for the grant of a commercial
opportunity, in addition to the fee payable by that supplier or self-
handler for the use of the airport installations. On the other hand,
that body is entitled to collect a fee for the use of airport installations,
of an amount, to be determined according to the criteria laid down in
Article 16(3) of the Directive, which takes account of the interest of
that body in making a profit.

(1) OJ C 303 of 27.10.2001.

(1) OJ C 3 of 5.1.2002.