Judgment of the Court (First Chamber) of 16 June 2005 in Case C-138/04: Commission of the European Communities v Kingdom of Denmark (Failure of a Member State to fulfil obligations — Directive 83/183/EEC — Transfer of residence from one Member State to another — Fee charged on registration of motor vehicles — Tax exemption)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: Denmark, European Commission, action for failure to fulfil an obligation, residence, tax exemption, tax on consumption, vehicle registration, vehicle tax

3.9.2005

EN

Official Journal of the European Union

C 217/17

Chamber), composed of P. Jann (Rapporteur), President of the
Chamber, K. Lenaerts, J.N. Cunha Rodrigues, M. Ilešič and E.
Levits, Judges; J. Kokott, Advocate General; M. Ferreira, Prin-
cipal Administrator, for the Registrar, gave a judgment on 14
July 2005, in which it ruled:

March 2004 — the Court (First Chamber), composed of P.
Jann, President of the Chamber, N. Colneric, J.N. Cunha Rodri-
gues, M.
Judges; P. Léger,
Advocate General; R. Grass, Registrar, gave a judgment on 14
July 2005, in which it:

Ilešič and E. Levits (Rapporteur),

1. Article 2 of Council Regulation (EEC) No 2092/91 of 24 June
1991 on organic production of agricultural products and indica-
tions referring thereto on agricultural products and foodstuffs, as
amended to include livestock production by Council Regulation
(EC) No 1804/1999 of 19 July 1999 was to be interpreted as
not precluding products which were not organically produced from
bearing, in Spain, the indication ‘biológico’ or its derivative ‘bio’ in
the labelling, advertising material and commercial documents;

1. Declares that, by failing to grant parallel importers a reasonable
period in which to liquidate their stocks following withdrawal of a
marketing authorisation for a phytopharmaceutical
reference
product, the Federal Republic of Germany failed to fulfil its obliga-
tions under Article 28 EC;

2. Orders the Federal Republic of Germany to pay the costs.

2. That same Article 2, as amended by Council Regulation (EC) No
392/2004 of 24 February 2004, must be
interpreted as
precluding from now on such products from bearing, in Spain, the
indication ‘biológico’ or its derivative ‘bio’ in the labelling, adver-
tising material and commercial documents.

(1) OJ C 106, 30.4.2004.

(1) OJ C 94 of 17.04.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 14 July 2005

in Case C-114/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Article 28
EC — Measures having equivalent effect — Withdrawal of a
marketing authorisation for a phytopharmaceutical reference
product — Lack of transition period for parallel importers
with a view to liquidation of their stocks)

(2005/C 217/32)

(Language of the case: German)

In Case C-114/04: Commission of the European Commu-
nities (Agents: B. Schima) v Federal Republic of Germany
(Agent: W.-D. Plessing and M. Lumma) — ACTION under
Article 226 EC for failure to fulfil obligations, brought on 3

JUDGMENT OF THE COURT

(First Chamber)

of 16 June 2005

in Case C-138/04: Commission of the European Commu-
nities v Kingdom of Denmark (1)

(Failure of a Member State to fulfil obligations — Directive
83/183/EEC — Transfer of residence from one Member State
to another — Fee charged on registration of motor vehicles
— Tax exemption)

(2005/C 217/33)

(Language of the case: Danish)

In Case C-138/04: action for failure to fulfil obligations under
Article 226 EC, brought on 15 March 2004, Commission of
the European Communities (Agents: R. Lyal and T. Fich) v
Kingdom of Denmark (Agents:
J. Molde and A. Rahbøl
Jann,
Jacobsen) the Court (First Chamber), composed of P.
President of the Chamber, K. Lenaerts (Rapporteur), J.N. Cunha
Rodrigues, E. Juhász and M.Ilešič, Judges; M. Poiares Maduro,
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, gave a judgment on 16 June 2005, in which it:

1. Dismisses the action.

C 217/18

EN

Official Journal of the European Union

3.9.2005

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

costs.

That possibility may not be made dependent on recognition of the
qualifications of
the person concerned by the competent national
authorities.

(1) OJ C 168 of 26.06.2004.

(1) OJ C 106 of 30.04.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 14 July 2005

in Case C-141/04: Reference for a preliminary ruling from
the Symvoulio tis Epikrateias in Michail Peros v Techniko
Epimelitirio Ellados (1)

(Directive 89/48/EEC — Workers — Recognition of diplomas
— Mechanical engineer)

(2005/C 217/34)

(Language of the case: Greek)

In Case C-141/04: reference for a preliminary ruling under
Article 234 EC from the Symvoulio tis Epikrateias (Greece),
made by decision of 30 December 2003, received at the Court
on 17 March 2004, in the proceedings between Michail Peros
and Techniko Epimelitirio Ellados — the Court
(Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
N. Colneric and K. Schiemann (Rapporteur), Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, gave a judgment
on 14 July 2005, in which it ruled:

Where national measures transposing Council Directive 89/48/EEC
of 21 December 1988 on a general system for the recognition of
higher-education diplomas awarded on completion of professional
education and training of at least three years' duration, in the version
in force until 31 July 2001, have not been adopted within the period
prescribed in Article 12 thereof, a national of a Member State may
rely on Article 3(a) of that directive in order to obtain, in the host
Member State, authorisation to pursue a regulated profession such as
that of mechanical engineer.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 14 July 2005

in Case C-142/04: Reference for a preliminary ruling from
in Maria Aslanidou v
the Symvoulio tis Epikrateias

Ypourgos Ygeias & Pronoias (1)

(Directive 92/51/EEC — Workers — Recognition of diplomas
— Occupational therapist)

(2005/C 217/35)

(Language of the case: Greek)

In Case C-142/04: reference for a preliminary ruling under
Article 234 EC from the Symvoulio tis Epikrateias (Greece),
made by decision of 30 December 2003, received at the Court
on 17 March 2004, in the proceedings between Maria Asla-
nidou and Ypourgos Ygeias & Pronoias — the Court (Fourth
Chamber), composed of K. Lenaerts, President of the Chamber,
N. Colneric and K. Schiemann (Rapporteur), Judges; L.A. Geel-
hoed, Advocate General; R. Grass, Registrar, gave a judgment
on 14 July 2005, in which it ruled:

and

education

Where national measures transposing Council Directive 92/51/EEC
of 18 June 1992 on a second general system for the recognition of
professional
supplement Directive
89/48/EEC have not been adopted within the period prescribed in
Article 17 thereof, a national of a Member State may rely on Article
3(a) of that directive in order to obtain, in the host Member State,
authorisation to pursue a regulated profession such as that of occupa-
tional therapist.

training

to

That possibility may not be made dependent on official recognition of
the qualifications of the person concerned by the competent national
authorities.