Case C-267/05: 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
Date: 2005-09-17
Institutions: Court of Justice
Subjects: application of EU law, derogation from EU law, designs and models, interpretation of the law, national implementing measure

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.