Judgment of the Court (Second Chamber) of 12 October 2004 in Case C-60/03 (reference for a preliminary ruling from the Bundesarbeitsgericht): Wolff & Müller GmbH & Co. KG v José Filipe Pereira Félix (Article 49 EC — Restrictions on freedom to provide services — Undertakings in the construction sector — Subcontracting — Obligation on an undertaking to act as guarantor in respect of the minimum remuneration of workers employed by a subcontractor)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: EU law, building industry, interpretation of the law, national law, remuneration of work, social-security contribution, subcontracting

C 300/18

EN

Official Journal of the European Union

4.12.2004

JUDGMENT OF THE COURT

(Second Chamber)

of 14 October 2004

in Case C-55/03: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Workers — Recognition of diplomas — Civil air traffic
controllers — Inadmissibility)

(2004/C 300/35)

(Language of the case: Spanish)

In Case C-55/03: action under Article 226 EC for failure to
fulfil obligations, brought on 11 February 2003 by Commis-
sion of the European Communities (Agents: M. Patakia and M.
Valverde López) against Kingdom of Spain (Agent: S. Ortiz
(Second Chamber), composed of:
Vaamonde) — the Court
C.W.A. Timmermans (Rapporteur), President of the Chamber,
C. Gulmann, R. Schintgen, G. Arestis and J. Klučka, Judges;
Advocate General: P. Léger; Registrar: R. Grass, gave a judg-
ment on 14 October 2004, in which it:

1. Dismisses the action as inadmissible;

made by decision of 6 November 2002, received at the Court
on 14 February 2003,
in the proceedings between Wolff &
Müller GmbH & Co. KG and José Filipe Pereira Félix — the
Court (Second Chamber), composed of: C.W.A. Timmermans
(Rapporteur), President of the Chamber, C. Gulmann and R.
Schintgen, F. Macken and N. Colneric, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; M. Múgica Arzamendi, Principal
Administrator, for the Registrar, has given a judgment on 12
October 2004, in which it has ruled:

Article 5 of Directive 96/71/EC of the European Parliament and of
the Council of 16 December 1996 concerning the posting of workers
in the framework of the provision of services, interpreted in the light
of Article 49 EC, does not preclude, in a case such as that in the
main proceedings, a national system whereby, when subcontracting
the conduct of building work to another undertaking, a building
contractor becomes liable, in the same way as a guarantor who has
waived benefit of execution, for the obligation on that undertaking or
that undertaking's subcontractors to pay the minimum wage to a
worker or to pay contributions to a joint scheme for parties to a
collective agreement where the minimum wage means the sum payable
to the worker after deduction of tax, social security contributions,
payments towards the promotion of employment or other such social
insurance payments (net pay), if the safeguarding of workers' pay is
not the primary objective of the legislation or is merely a subsidiary
objective.

2. Orders the Commission of the European Communities to pay the

(1) OJ C 112 of 10.5.2003.

costs.

(1) OJ C 83 of 5.4.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 12 October 2004

JUDGMENT OF THE COURT

(Second Chamber)

of 12 October 2004

in Case C-60/03 (reference for a preliminary ruling from
the Bundesarbeitsgericht): Wolff & Müller GmbH & Co.
KG v José Filipe Pereira Félix (1)

(Article 49 EC — Restrictions on freedom to provide services
— Undertakings in the construction sector — Subcontracting
— Obligation on an undertaking to act as guarantor in
respect of the minimum remuneration of workers employed
by a subcontractor)

(2004/C 300/36)

(Language of the case: German)

in Case C-106/03 P: Vedial SA v Office for Harmonisation
and Designs)
in the Internal Market

(Trade Marks

(OHIM) (1)

(Appeal — Community trade mark — Article 8(1)(b) of
Regulation (EC) No 40/94 — Likelihood of confusion —
Word and figurative mark HUBERT — Opposition of the
proprietor of the national word mark SAINT-HUBERT 41 —
Capacity of OHIM as defendant before the Court of First
Instance)

(2004/C 300/37)

(Language of the case: French)

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

In Case C-60/03: reference for a preliminary ruling under
(Germany),
Article 234 EC,

from the Bundesarbeitsgericht

In Case C-106/03 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged at the Court on 27 February 2003,
Vedial SA, established in Ludres (France), (avocats: T. van Innis,
G. Glas and F. Herbert) and Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (OHIM) (Agents: O.
Montalto and P. Geroulakos — the Court (Second Chamber),