Judgment of the Court (First Chamber) of 2 June 2005 in Case C-174/04: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Article 56 EC — Automatic suspension of voting rights in privatised undertakings)
Date: 2005-08-20
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, electrical energy, free movement of capital, right to vote, share capital, shareholding

C 205/4

EN

Official Journal of the European Union

20.8.2005

The second sentence of the first subparagraph of Article 7(1), the first
subparagraph of Article 7(2) and Article 7(5) of Commission Regu-
lation (EC) No 1222/94 of 30 May 1994 laying down common
detailed rules for the application of the system of granting export
refunds on certain agricultural products exported in the form of goods
not covered by Annex II to the Treaty, and the criteria for fixing the
amount of such refunds, as amended by Commission Regulation (EC)
No 229/96 of 7 February 1996, are to be interpreted as meaning
that where an exporter has declared in a request for an export refund
that,
in the production of the goods in issue, a product was used
which, by virtue of Article 1(2) of that regulation, is assimilated to
the skimmed milk powder described in Annex A (PG 2), whereas in
fact another product was used which, by virtue of the same provision,
is also assimilated to the same skimmed milk powder, he is entitled to
the grant of an export refund, corrected if appropriate in accordance
with Article 11 of Commission Regulation (EEC) No 3665/87 of
27 November 1987 laying down common detailed rules for the
application of the system of export refunds on agricultural products,
as amended by Commission Regulation (EC) No 2945/94 of 2
December 1994.

(1) OJ C 59 of 06.03.2004.

in the proceedings between
the Court on 28 January 2004,
intervener:
Tod's SpA, Tod's France SARL and Heyraud SA,
Technisynthèse,
(Second Chamber), composed of
C.W.A. Timmermans (Rapporteur), President of the Chamber,
R. Silva de Lapuerta, R. Schintgen, P. Kūris and G. Arestis,
Judges; F.G. Jacobs, Advocate General: R. Grass, Registrar, gave
a judgment on 30 June 2005, in which it ruled:

the Court:

Article 12 EC, which lays down the general principle of non-discrimi-
nation on grounds of nationality, must be interpreted as meaning that
the right of an author to claim in a Member State the copyright
protection afforded by the law of that State may not be subject to a
distinguishing criterion based on the country of origin of the work.

(1) OJ C 71 of 20.03.2004

JUDGMENT OF THE COURT

(Second Chamber)

of 30 June 2005

JUDGMENT OF THE COURT

(First Chamber)

of 2 June 2005

in Case C-174/04: Commission of the European Commu-
nities v Italian Republic (1)

in Case C-28/04 (Reference for a preliminary ruling from
the Tribunal de grande instance de Paris): Tod's SpA,
Tod's France SARL v Heyraud SA (1)

(Failure of a Member State to fulfil obligations — Article 56
EC — Automatic suspension of voting rights in privatised
undertakings)

(Equal

treatment — Principle of non-discrimination on

grounds of nationality — Copyright and related rights)

(2005/C 205/08)

(Language of the case: Italian)

(2005/C 205/07)

(Language of the case: French)

In Case C-28/04: reference for a preliminary ruling under
Article 234 EC from the Tribunal de grande instance de Paris
(France), made by decision of 5 December 2003, received at

In Case C-174/04, Commission of the European Communities
(Agents: E. Traversa and C. Loggi) v Italian Republic (Agent:
I.M. Braguglia, assisted by P. Gentili, avvocato) — action under
Article 226 EC for failure to fulfil obligations, brought on 13
April 2004 — the Court (First Chamber), composed of P. Jann
the Chamber, K. Lenaerts, N.
(Rapporteur), President of
Colneric, K. Schiemann and E. Juhász, Judges; J. Kokott, Advo-
cate General; R. Grass, Registrar, gave a judgment on 2 June
2005 in which it:

20.8.2005

EN

Official Journal of the European Union

C 205/5

1. Declares that, by maintaining in force Decree-Law (decreto-legge)
No 192 of 25 May 2001, converted into Law No 301, entitled
‘Urgent provisions to ensure the liberalisation and privatisation of
specific public service sectors’ (legge no 301, recante disposizioni
urgenti per salvaguardare i processi di liberalizzazione e privatizza-
zione di specifici settori dei servizi publici), of 20 July 2001,
which provides for
the automatic suspension of voting rights
attaching to holdings in excess of 2 % of the capital of undertak-
ings operating in the electricity and gas sectors, where those hold-
ings are acquired by public undertakings not quoted on regulated
financial markets and enjoying a dominant position in their own
domestic markets, the Italian Republic has failed to fulfil its obli-
gations under Article 56 EC;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 156 of 12.06.2004.

lawyer, appellant, the other party to the proceedings being:
Office for Harmonisation in the Internal Market (Trade Marks
and Designs)
(OHIM), represented by A. Rassat, acting as
Agent, defendant at first instance — the Court (First Chamber),
composed of P. Jann, President of the Chamber, K. Lenaerts, K.
Schiemann, E.
Judges; D.
Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
gave a judgment on 30 June 2005, in which it:

Juhász and M. Ilešič (Rapporteur),

1. Dismisses the appeal;

2. Orders Eurocermex SA to pay the costs.

(1) OJ C 217 of 28.08.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 30 June 2005

(Fifth Chamber)

of 30 June 2005

in Case C-286/04 P: Eurocermex SA v Office for Harmoni-
sation in the Internal Market (Trade Marks and Designs)
(OHIM) (1)

(Appeal — Community trade mark — Article 7(1)(b) and (3)
of Regulation (EC) No 40/94 — Three-dimensional shape of
a long-neck bottle in the neck of which a slice of lemon has
been plugged — Absolute ground for refusal — Distinctive
character)

(2005/C 205/09)

(Language of the case: French)

In Case C-286/04 P, appeal under Article 56 of the Statute of
the Court of Justice, brought on 29 June 2004, Eurocermex
SA, established in Evere (Belgium), represented by A. Bertrand,

in Case C-30/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil its obligations — Direc-
tives 1999/45/EC and 2001/60/EC — Failure to transpose
within the prescribed period)

(2005/C 205/10)

(Language of the case: French)

In Case C-30/05 Commission of the European Communities
(Agents: C.F. Durand and F. Simonetti) v Grand Duchy of
Luxembourg (Agent: S. Schreiner) — action under Article 226
EC for failure to fulfil obligations, brought on 28 January 2005
(Fifth Chamber), composed of R. Silva de
— the Court
Lapuerta, President of the Chamber, C. Gulmann and J. Klučka
(Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, gave a judgment on 30 June 2005, in which it: