Case C-269/05: Action brought on 23 June 2005 by the Commission of the European Communities against the Hellenic Republic
Date: 2005-09-17
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, charges for use of infrastructure, freedom to provide services, harbour installation, tariff barrier

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.

C 229/6

EN

Official Journal of the European Union

17.9.2005

Pleas in law and main arguments

The Commission complains that the Hellenic Republic did not
transpose correctly into its national legal system the provisions
of Regulation No 4055/86, as interpreted by the Court of
(2) Case C-18/93
Justice (Case C-381/93 Commission v France,
Corsica Ferries Italia, (3) and Case C-435/00 Geha Naftiliaki (4)).

(2) Have the provisions of Articles 10 and 11 cited above
recognised the equivalence of the two diplomas (in archi-
tecture and civil engineering) only to the extent that both
to
allow access to the profession of architect subject
successful completion of a special examination giving enti-
tlement to pursue the profession of architect?

(1) OJ L 223 of 21.08.1985, p. 15.

(1) OJ L 378 of 31.12.1986, p. 1.
(2) [1994] ECR I-5145.
(3) [1998] ECR I-1783.
(4) [2002] ECR I-10615.

Action brought on 4 July 2005 by the Commission of the
European Communities against the Hellenic Republic

Reference for a preliminary ruling from the Consiglio di
Stato by order of that court of 18 January 2005 in (1)
Francesco Rauty v Ministero per i Beni Culturali e
Ambientali and Soprintendenza B.A.A. di Firenze, Prato e
Pistoia;
intervener: Consiglio Nazionale degli Ingegneri;
and (2) Ordine degli Ingegneri della Provincia di Pistoia v
Francesco Rauty and Ministero per i Beni e le Attività
Culturali; intervener: Consiglio Nazionale degli Ingegneri

(Case C-274/05)

(2005/C 229/13)

(Language of the case: Greek)

(Case C-271/05)

(2005/C 229/12)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Consiglio di Stato (Italy) of
18 January 2005, received at the Court Registry on 30 June
2005, for a preliminary ruling in the proceedings between (1)
Francesco Rauty against Ministero per
i Beni Culturali e
Ambientali and Soprintendenza B.A.A. di Firenze, Prato e
Pistoia; intervener: Consiglio Nazionale degli Ingegneri; and (2)
Ordine degli Ingegneri della Provincia di Pistoia against Fran-
cesco Rauty and Ministero per i Beni e le Attività Culturali;
Ingegneri on the
intervener: Consiglio Nazionale degli
following questions:

(1) Are ‘laurea in architettura’ diplomas and ‘laurea in ingeg-
neria civile’ diplomas awarded by Italian universities and
university institutes to be regarded as equivalent in respect
of Italy, as provided for in Articles 10 and 11 of Directive
85/384/EEC of 10 June 1985, (1) so that graduates in civil
engineering with the relevant qualification are entitled to
pursue the profession of architect and therefore to carry
out all the tasks and assignments which any internal provi-
sions of the State allow only the architects' profession to
perform; or

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 4 July 2005
by the Commission of the European Communities, represented
by Georgios Zavvos and Hans Støvlbæk, members of its Legal
Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that:

— by failing to recognise the diplomas awarded by the
competent authorities of another Member State in the
context of studies on a franchise basis, under licence,

— by providing for

the imposition of compensatory
measures in more cases than those allowed by the direc-
tive,

— by entrusting to the Council for the Recognition of
Professional Equivalence of Higher-Education Titles
examination as to whether ‘the educational establish-
ment in which the applicant received his professional
education and training should be classified as higher
education’ and whether ‘the applicant has the necessary
professional experience, in a case where the duration of
the education falls short by at least one year from that
required in Greece in order to exercise that profession’,