Judgment of the Court (First Chamber) of 14 July 2005 in Case C-135/03 Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Community 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 organically produced)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, agricultural production, consumer protection, labelling, milk product, organic product

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;