Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-147/03: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Articles 12 EC, 149 EC and 150 EC — Conditions of access to university education — Discrimination)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, recognition of diplomas, secondary education

3.9.2005

EN

Official Journal of the European Union

C 217/5

1. The concept of

‘services’ referred to by First Council Directive
89/104/EEC of 21 December 1988 to approximate the laws of
the Member States relating to trade marks,
in
Article 2, covers services provided in connection with retail trade in
goods.

in particular

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

costs.

(1) OJ C 146 of 21.06.2003.

2. For the purposes of registration of a trade mark for such services,
it is not necessary to specify in detail the service(s) in question.
However, details must be provided with regard to the goods or
types of goods to which those services relate.

(1) OJ C 19 of 25.1.2003.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 14 July 2005

in Case C-135/03 Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure of a Member State to fulfil obligations — Com-
munity rules on organic production of agricultural products
and indications referring thereto on agricultural products and
foodstuffs — National legislation authorising the use of the
term ‘bio’ in respect of products which have not been organi-
cally produced)

(2005/C 217/09)

(Language of the case: Spanish)

In Case C-135/03 Commission of the European Communities
(Agents: G. Berscheid, B. Doherty, F. Jimeno Fernandez and S.
Pardo Quintillán) v Kingdom of Spain (Agents: N. Díaz Abad
and E. Braquehais Conesa) — action under Article 226 EC for
failure to fulfil obligations, brought on 26 March 2003 — the
Court (First Chamber), composed of P. Jann (Rapporteur), Presi-
dent of the Chamber, K. Lenaerts, J.N. Cunha Rodrigues, M.
Ilešič and E. Levits, Judges; J. Kokott, Advocate General; M.
Ferreira, Principal Administrator, for the Registrar, gave a judg-
ment on 14 July 2005, in which it:

1. Dismisses the action;

(Second Chamber)

of 7 July 2005

in Case C-147/03: Commission of the European Commu-
nities v Republic of Austria (1)

(Failure of a Member State to fulfil obligations — Articles
12 EC, 149 EC and 150 EC — Conditions of access to
university education — Discrimination)

(2005/C 217/10)

(Language of the case: German)

In Case C-147/03: Commission of the European Communities
(Agents: W. Bogensberger and D. Martin),
supported by
Republic of Finland, (Agents: A. Guimaraes-Purokoski and T.
Pynnä) v Republic of Austria (Agents: H. Dossi and E. Riedl,
assisted by C. Ruhs and H. Kasparovsky) — action under
Article 226 EC for failure to fulfil obligations, brought on 31
March 2003 — the Court (Second Chamber), composed of R.
Silva de Lapuerta, President of the Fifth Chamber acting for the
President of the Second Chamber, C. Gulmann, J. Makarczyk
(Rapporteur), P. Kūris and J. Klučka, Judges; F.G. Jacobs, Advo-
cate General; M.-F. Contet, Principal Administrator,
for the
Registrar, gave a judgment on 7 July 2005, in which it:

1. Declares that, by failing to take the necessary measures to ensure
that holders of secondary education diplomas awarded in other
Member States can gain access to higher and university education
organised by it under the same conditions as holders of secondary
education diplomas awarded in Austria, the Republic of Austria
has failed to fulfil its obligations under Articles 12 EC, 149 EC
and 150 EC;

C 217/6

EN

Official Journal of the European Union

3.9.2005

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 112 of 10.5.2003.

January 1983 establishing a Community system for the conserva-
tion and management of fishery resources, Article 9(2) of Council
Regulation (EEC) No 3760/92 of 20 December 1992 estab-
lishing a Community system for fisheries and aquaculture, Article
1 and Article 11(1) and (2) of Council Regulation (EEC)
No 2241/87 of 23 July 1987 establishing certain control
measures for fishing activities and Article 2, Article 21(1) and (2)
and Article 31 of Council Regulation (EEC) No 2847/93 of 12
October 1993 establishing a control system applicable to the
common fisheries policy.

JUDGMENT OF THE COURT

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

(Third Chamber)

of 21 July 2005

(1) OJ C 135 of 07.06.2003.

in Case C-149/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure by a Member State to fulfil obligations — System of
fishing quotas — 1991 to 1996 fishing years)

(2005/C 217/11)

(Language of the case: Dutch)

In Case C-149/03 Commission of the European Communities
(Agent: T. van Rijn) v Kingdom of Belgium (Agent: A. Snoecx,
assisted by H. Gilliams) — action under Article 226 EC for
failure to fulfil obligations, brought on 1 April 2003 — the
Court (Third Chamber), composed of A. Rosas, President of the
Chamber,
Bahr,
J. Malenovský and U. Lõhmus, Judges; C. Stix-Hackl, Advocate
General; R. Grass, Registrar, gave a judgment on 21 July 2005,
in which it:

(Rapporteur),

Puissochet

von

J.-P.

S.

1. Declares that, having failed

— to establish the appropriate detailed rules for utilisation of the
quotas allocated to it for each of the fishing years in the
period 1991 to 1996;

— in respect of each of those fishing years to ensure compliance
with Community legislation on the conservation of fisheries
resources through the supervision of
fishing activities and
appropriate monitoring of the unloading and registration of
catches;

— in respect of each of those fishing years within a reasonable
period of time provisionally to prohibit fishing with vessels
which fly its flag or are registered within its territory when the
applicable quota was deemed to have been exhausted;

— to adopt administrative or criminal measures against those
responsible for fishing activities after bans had come into
force,

the Kingdom of Belgium has failed to fulfil its obligations under
Article 5(2) of Council Regulation (EEC) No 170/83 of 25

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 July 2005

in Case C-198/03 P: Commission of the European Commu-
nities v CEVA Santé Animale SA, Pfizer Enterprises Sàrl,
International Federation for Animal Health (IFAH) (1)

(Appeal — Regulation (EEC) No 2377/90 — Veterinary
medicinal products — Establishment of a maximum residue
level for progesterone — Conditions governing the non-
contractual liability of the Community)

(2005/C 217/12)

(Language of the case: English)

In Case C-198/03 P — Appeal under Artricle 56 of the Statute
of the Court of Justice, brought on 12 May 2003 by Commis-
sion of the European Communities (Agents: T. Christoforou
and M. Shotter), the other parties to the proceedings being:
CEVA Santé Animale SA, having its registered office in
Libourne (France), (Lawyers: D. Waelbroeck, N. Rampal, and
U. Zinsmeister), Pfizer Enterprises Sàrl, formerly Pharmacia
Enterprises SA and, prior to that, Pharmacia & Upjohn SA,
having its
registered office in Luxembourg (Luxembourg)
(Lawyers: D. Waelbroeck, N. Rampa and U. Zinsmeister),
supported by International Federation for Animal Health
(IFAH), formerly Fédération européenne de la santé animale
(Lawyer:
(Fedesa),
A. Vandencasteele) — the Court (Grand Chamber), composed
of V. Skouris, President of the Chamber, P. Jann (Rapporteur),
C.W.A. Timmermans and A. Borg Barthet, Presidents of

established

(Belgium),

Brussels

in