Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-418/02: Reference for a preliminary ruling from the Bundespatentgericht in Praktiker Bau- und Heimwerkermärkte AG (Trade marks — Directive 89/104/EEC — Trade marks in respect of services — Registration — Services provided in connection with retail trade — Specification of content of services — Similarity between the services in question and goods or other services)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: approximation of laws, brand name, interpretation of the law, retail trade, trade-mark law

C 217/4

EN

Official Journal of the European Union

3.9.2005

— by failing to ensure that action is taken in respect of infringe-
ments of the rules governing fishing activities in accordance
with the requirements laid down by the Community provi-
sions,

Chamber, J.-P. Puissochet, S. von Bahr (Rapporteur), J. Male-
novský and U. Lõhmus, Judges; F.G. Jacobs, Advocate General,
M. Múgica Arzamendi, Principal Administrator, for the Regis-
trar, gave a judgment on 2 June 2005, the operative part of
which is as follows:

the French Republic has not
the necessary
measures to comply with the judgment of 11 June 1991 in Case
C-64/88 Commission v France and has accordingly failed to fulfil
its obligations under Article 228 EC;

implemented all

2. Orders the French Republic to pay to the Commission of the Euro-
pean Communities, into the account ‘European Community own
resources’, a penalty payment of EUR 57 761 250 for each
period of six months from delivery of the present judgment at the
end of which the judgment
in Case C-64/88 Commission v
France has not yet been fully complied with;

A body governed by public law which purchases capital goods as a
public authority within the meaning of
the first subparagraph of
Article 4(5) of Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation of the laws of the Member States relating
to turnover taxes — Common system of value added tax: uniform
basis of assessment, that is to say as a non-taxable person, and subse-
quently sells those goods as a taxable person, is not entitled, in respect
of that sale, to a right of adjustment based on Article 20 of that
directive in order to deduct the VAT paid on the purchase of those
goods.

3. Orders the French Republic to pay to the Commission of the Euro-
pean Communities, into the account ‘European Community own
resources’, a lump sum of EUR 20 000 000;

(1) OJ C 7 of 11.01.2003.

4. Orders the French Republic to pay the costs.

(1) OJ C 247 of 12.10.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 7 July 2005

JUDGMENT OF THE COURT

(Third Chamber)

of 2 June 2005

in Case C-378/02: Reference for a preliminary ruling from
the Hoge Raad in Waterschap Zeeuws Vlaanderen v
Staatssecretaris van Financiën (1)

(VAT — Capital goods acquired by a body governed by
public law — Public authority — Transaction engaged in as
taxable person and transaction engaged in as non-taxable
person — Right to adjustment and deduction)

(2005/C 217/07)

(Language of the case: Dutch)

In Case C-378/02: reference for a preliminary ruling under
Article 234 EC from the Hoge Raad (Netherlands), made by
the Court on
decision of 18 October 2002,
received at
21 October 2002,
in the proceedings between Waterschap
Zeeuws Vlaanderen and Staatssecretaris van Financiën — the
Court (Third Chamber) composed of A. Rosas, President of the

in Case C-418/02: Reference for a preliminary ruling from
the Bundespatentgericht in Praktiker Bau- und Heimwer-
kermärkte AG (1)

(Trade marks — Directive 89/104/EEC — Trade marks in
respect of services — Registration — Services provided in
connection with retail trade — Specification of content of
services — Similarity between the services in question and
goods or other services)

(2005/C 217/08)

(Language of the case: German)

In Case C-418/02: reference for a preliminary ruling under
Article 234 EC from the Bundespatentgericht (Germany), made
by decision of 15 October 2002, received at the Court on 20
November 2002, in the proceedings concerning Praktiker Bau-
und Heimwerkermärkte AG — the Court (Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
C. Gulmann (Rapporteur), R. Schintgen, N. Colneric and J.N.
Cunha Rodrigues,
Judges; P. Léger, Advocate General; M.
Múgica Arzamendi, Principal Administrator, for the Registrar,
gave a judgment on 7 July 2005, in which it ruled:

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;