Judgment of the Court (First Chamber) of 14 July 2005 in Case C-114/04: Commission of the European Communities v Federal Republic of Germany (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)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: Germany, action for failure to fulfil an obligation, free movement of goods, import restriction, market approval, plant health product

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.