Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-58/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 98/84/EC — Information society — Radio broadcasting — Services based on conditional access — Services consisting of conditional access — Protected services — Legal protection — Devices giving unauthorised access)
Date: 2004-02-21
Institutions: Court of Justice
Subjects: European Commission, Spain, access to information, action for failure to fulfil an obligation, pay television, right to justice

21.2.2004

EN

Official Journal of the European Union

C 47/7

Vaamonde): Application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions
necessary to comply with Article 4(c) of Commission Directive
90/388/EEC of 28 June 1990 on competition in the markets
for telecommunications services (OJ 1990 L 192, p. 10) as
amended by Commission Directive 96/19/EC of 13 March
1996 (OJ 1996 L 74, p. 13), the Kingdom of Spain has failed
to fulfil
its obligations under those directives and the EC
Treaty, the Court (Fifth Chamber), composed of: P. Jann, acting
the Fifth Chamber, D.A.O. Edward
for the President of
(Rapporteur) and A. La Pergola, Judges; P. Léger, Advocate
General; R. Grass, Registrar, has given a judgment on 7 January
2004, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Article 4(c)
of Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services, as
amended by Commission Directive 96/19/EC of 13 March
1996, the Kingdom of Spain has failed to fulfil its obligations
under that directive;

by failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 98/84/EC of
the European Parliament and of the Council of 20 November
1998 on the legal protection of services based on, or consisting
of, conditional access (OJ 1998 L 320, p. 54), or, at the very
least, by failing to notify the Commission of the adoption of
those measures, the Kingdom of Spain has failed to fulfil its
obligations under that directive, the Court (Fifth Chamber),
composed of: P. Jann, acting for the President of the Fifth
Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 7 January 2004, in which it:

1. Declares that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
98/84/EC of the European Parliament and of the Council of
20 November 1998 on the legal protection of services based
on, or consisting of, conditional access, the Kingdom of Spain
has failed to fulfil its obligations under that Directive;

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

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

(1) OJ C 109 of 4.5.2002.

(1) OJ C 56 of 2.3.2002.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 7 January 2004

in Case C-58/02: Commission of the European Communi-
ties v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Directive
98/84/EC — Information society — Radio broadcasting —
Services based on conditional access — Services consisting
of conditional access — Protected services — Legal protection
— Devices giving unauthorised access)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 7 January 2004

in Case C-60/02 (Reference for a preliminary ruling from
the Landesgericht Eisenstadt): X (1)

(Counterfeit and pirated goods — No criminal penalty for
the transit of counterfeit goods — Compatibility with
Regulation (EC) No 3295/94)

(2004/C 47/12)

(Language of the case: German)

(2004/C 47/11)

(Language of the case: Spanish)

(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-58/02, Commission of the European Communities
(Agents: G. Valero Jordana and M. Shotter v Kingdom of Spain
(Agent: S. Ortiz Vaamonde): Application for a declaration that,

In Case C-60/02: Reference to the Court under Article 234 EC
by the Landesgericht Eisenstadt (Austria) for a preliminary
ruling in the criminal proceedings before that court against X,
on the interpretation of Council Regulation (EC) No 3295/94
of 22 December 1994 laying down measures concerning the
entry into the Community and the export and re-export
from the Community of goods infringing certain intellectual
property rights (OJ 1994 L 341, p. 8), as amended by Council