Judgment of the Court (Second Chamber) of 15 September 2005 in Case C-372/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 91/439/EEC — Driving licences — Minimum age requirement to drive certain vehicles — Possibility of driving vehicles in a category other than the one for which a driving licence has been issued — Compulsory registration and exchange of driving licences)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: EC Directive, European Commission, Germany, action for failure to fulfil an obligation, driving licence, national implementing measure

C 271/4

EN

Official Journal of the European Union

29.10.2005

Council Directive 76/769/EEC of 27 July 1976 on the approxima-
tion of the laws, regulations and administrative provisions of the
Member States relating to restrictions on the marketing and use of
certain dangerous substances and preparations, as amended by Euro-
pean Parliament and Council Directive 94/60/EC of 20 December
1994, must be interpreted as not permitting a Member State to
impose on the placing on the market and use of a biocidal product
the active substance of which is included in Annex I thereto conditions
other than those which the directive lays down, without prejudice to
the application of other relevant Community provisions laying down
specific conditions for that product.

the entitlement of persons to drive on the highway (Verordnung
über die Zulassung von Personen zum Strassenverkehr) of
18 August 1998, the Federal Republic of Germany has failed to
its obligations under Articles 1(2), 3, 5(2)(b), the third
fulfil
indent of Article 6(1)(b) and Article 8(2) of Council Directive
91/439/EEC of 29 July 1991 on driving licences, as amended by
Council Directive 96/47/EC of 23 July 1996;

2. Dismisses the remainder of the action;

(1) OJ C 251, 18.10.2003.

3. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 275 of 15.11.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 15 September 2005

in Case C-372/03: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directive
91/439/EEC — Driving licences — Minimum age require-
ment to drive certain vehicles — Possibility of driving vehi-
cles in a category other than the one for which a driving
licence has been issued — Compulsory registration and
exchange of driving licences)

(2005/C 271/07)

(Language of the case: German)

JUDGMENT OF THE COURT

(Grand Chamber)

of 5 July 2005

in Case C-376/03: Reference for a preliminary ruling from
the Gerechtshof te 's-Hertogenbosch D. v Inspecteur van
de Belastingdienst/Particulieren/Ondernemingen buiten-
land te Heerlen (1)

(Tax legislation — Wealth tax — Entitlement to an allow-
ance — Separate treatment of residents and non-residents —
Double taxation convention)

(2005/C 271/08)

(Language of the case: Dutch)

In Case C-372/03: Commission of the European Communities
(Agents: G. Braun and W. Wils) v Federal Republic of Germany
(Agent: M. Lumma) — action under Article 226 EC for failure
to fulfil obligations, brought on 2 September 2003 — the
Court (Second Chamber), composed of C.W.A. Timmermans,
President of
the Chamber, C. Gulmann, R. Schintgen
(Rapporteur), G. Arestis and J. Klučka, Judges; P. Léger, Advo-
cate General; R. Grass, Registrar, gave a judgment on 15
September 2005, in which it:

1. Declares that, by adopting and maintaining in force Paragraph
6(3), point 6, and (4), the first sentence of Paragraph 10(2), and
Paragraphs 29(1) and (3) and 47(2) of the Regulation relating to

In Case C-376/03: reference for a preliminary ruling under
Article 234 EC from the Gerechtshof
te 's-Hertogenbosch
(Netherlands), made by decision of 24 July 2003, received at
the Court on 8 September 2003, in the proceedings between
D. and Inspecteur van de Belastingdienst/Particulieren/Onderne-
mingen buitenland te Heerlen — the Court (Grand Chamber)
composed of V. Skouris, President, P. Jann, C.W.A. Timmer-
mans, A. Rosas and A. Borg Barthet, Presidents of Chambers, J.-
P. Puissochet, R. Schintgen, N. Colneric, S. von Bahr
(Rapporteur), M. Ilešič, J. Malenovský, J. Klučka and U. Lõhmus,
Judges; D. Ruiz-Jarabo Colomer, Advocate General; M.-F.
Contet, Principal Administrator, for the Registrar, gave a judg-
ment on 5 July 2005, the operative part of which is as follows: