Case C-253/05: Action brought on 15 June 2005 by Commission of the European Communities against the Kingdom of the Netherlands
Date: 2005-09-17
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, beverage industry, free movement of goods, packaging product, technical barriers to trade, waste management, waste recycling

C 229/4

EN

Official Journal of the European Union

17.9.2005

Lapuerta, President of the Chamber, P. Kūris and J. Klučka
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 7 July 2005, in which it:

2. order the Kingdom of Sweden to pay the costs.

1. Declares that by maintaining arrangements for authorising the use
of hydrochlorofluorocarbons
in fire protection systems without
laid down in
complying with the restrictions and conditions
Article 5(3) of Regulation (EC) No 2037/2000 of the European
Parliament and of the Council of 29 June 2000 on substances
that deplete the ozone layer, the Italian Republic has failed to fulfil
its obligations under that regulation.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 190 of 24.7.2004.

Action brought on 11 May 2005 by Commission of the
European Communities against the Kingdom of Sweden

(Case C-206/05)

(2005/C 229/08)

(Language of the case: Swedish)

An action against the Kingdom of Sweden was brought before
the Court of Justice of the European Communities on 11 May
2005 by the Commission of the European Communities, repre-
sented by Friedrich Erlbacher and Knut Simonsson, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. first, declare that, by laying down in its national legislation a
requirement that a stallion be assessed in Sweden for stud
purposes before being used to breed with mares other than
those of the stallion's owner, Sweden has failed to fulfil its
obligations under Article 3 of Council Directive 90/427/EEC
of 26 June 1990 on the zootechnical and genealogical
conditions governing intra-Community trade in equidae;

second, declare that, by laying down in its national legisla-
that a stallion must be assessed in
tion a requirement
Sweden for stud purposes before being used to breed with
mares other than those of the stallion's owner, Sweden has
failed to fulfil its obligations under Article 28 EC;

Pleas in law and main arguments

The Commission considers that, by laying down in its national
legislation a requirement that a stallion be assessed in Sweden
for stud purposes before it may be used for breeding with
mares other than those of the stallion's owner, the Kingdom of
Sweden is restricting trade in horses within the Community.

that

The fact
in Directive 90/427/EEC, or in any decision
adopted on the basis of the directive, methods for assessment
for stud purposes are not established does not mean that a
Member State is entitled to lay down such a requirement. More-
over, the Swedish requirement for such an assessment is not
justified by Article 30 EC in the interest of protecting the
health and life of animals. The Commission submits that the
Kingdom of Sweden's requirement for an assessment seems to
be more in order to improve the characteristics of current
breeds than to protect the health and life of horses.

Action brought on 15 June 2005 by Commission of the
the
European Communities against

the Kingdom of

Netherlands

(Case C-253/05)

(2005/C 229/09)

(Language of the case: Dutch)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
15 June 2005 by the Commission of the European Commu-
nities, represented by Minas Konstantinidis and Pieter Van
Nuffel, acting as Agents.

The applicant claims that the Court should:

— Declare that, by creating obstacles by means of the Conve-
nant Verpakkingen (packaging rules) III, to the marketing in
the Netherlands of drinks packaging originating in other
Member States and satisfying the essential requirements laid
down in European Parliament and Council Directive
94/62/EC (1) of 20 December 1994 on packaging and
packaging waste, the Kingdom of the Netherlands has failed
to fulfil its obligations under Article 18 of that directive;

— Order the Netherlands to pay the costs.

17.9.2005

EN

Official Journal of the European Union

C 229/5

Pleas and main arguments:

The Netherlands legislation contains a clear restriction on intra-
Community trade in beer, cold drinks and water in single-
purpose plastic or glass packaging already marketed in another
Member States. The Commission is of the view that this trade
restriction is in breach of Article 18 of Directive 94/62 under
which Member States may not impede the placing on the
market of their territory of packaging which satisfies the provi-
sions of this Directive.

was available to a Member State to adopt
the derogation
conferred by Article 11.8 by a national measure permanently
and wholly cease to exist after the date mentioned in Article
19?’

(1) OJ L 289, 28.10.1998, p. 28

Packaging marketed in another Member State is deemed to
satisfy the essential requirements of the directive; dealing in
them on the internal market cannot therefore be impeded.

Action brought on 23 June 2005 by the Commission of
the European Communities against the Hellenic Republic

(1) OJ 1994 L 365, p. 10.

(Case C-269/05)

(2005/C 229/11)

(Language of the case: Greek)

Reference for a preliminary ruling from the High Court of
Justice (England and Wales) Chancery Division, Patents
Court by order of that court of 17 February 2005 in
Oakley Inc. v 1) Animal Ltd 2) H. Young Holdings plc 3)
H. Young (Operations) Ltd, Intervener: Secretary of State
for Industry

(Case C-267/05)

(2005/C 229/10)

(Language of the case: English)

the High Court of

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
Justice
(England and Wales) Chancery Division, Patents Court of 17
February 2005, received at the Court Registry on 27 June
2005, for a preliminary ruling in the proceedings between
Oakley Inc. and 1) Animal Ltd 2) H. Young Holdings plc 3) H.
Young (Operations) Ltd,
Intervener: Secretary of State for
Industry, on the following question:

‘With regard to Directive 98/71/EC of the European Parliament
and Council of 13 October 1998 on the legal protection of
designs (1), could a national measure adopted by a Member
State, after the date mentioned in Article 19, to the extent that
the
the derogation
mentioned in Article 11.8 nevertheless be partly valid
according to Community law? Or did the opportunity which

said measure purported to exercise

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 23 June
2005 by the Commission of the European Communities, repre-
sented by Knut Simonsson and Georgios Zavvos, members of
its Legal Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

(1) declare that, by maintaining in force the harbour dues
levied on passenger vessels (including cruise ships) or on
cargo vessels when they enter into harbour, berth and
anchor in the ports of Piraeus and Thessaloniki, applying a
lower level of dues when transport is between two ports
within Greece as compared with cases where transport is to
a destination outside Greece, namely:

— harbour dues for the benefit of the harbour funds of
the Port Authorities AE, set up by Law No 2932/2001,
and of the ports of Piraeus and Thessaloniki, which are
levied on vehicles aboard ferries on international routes,
while similar dues are not levied on routes between
Greek ports,

— the right to levy dues on vehicles aboard vehicle ferries
with a foreign port destination for the benefit of muni-
cipalities and communities under Article 26(13) of Law
No 1828/1989,

the Hellenic Republic has failed to fulfil
its obligations
under Article 1 of Council Regulation (EEC) No 4055/86 (1)
of 22 December 1986 applying the principle of freedom to
provide services to maritime transport between Member
States and between Member States and third countries.

2. order the Hellenic Republic to pay the costs.