Judgment of the Court (Fifth Chamber) of  6 October 2005  in Case C-429/04:  Commission of the European Communities  v  Kingdom of Belgium  (Failure of a Member State to fulfil obligations — Directive 2001/96/EC — Harmonised requirements and procedures for the safe loading and unloading of bulk carriers — Failure to transpose within the prescribed period)
Date: 2005-11-26
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, approximation of laws, carriage of goods, international standard, load, maritime transport, national implementing measure, vessel

26.11.2005

EN

Official Journal of the European Union

C 296/7

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 13 October 2005

(Fifth Chamber)

of 6 October 2005

in Case C-379/04: reference for a preliminary ruling from
the Landgericht Würzburg, Richard Dahms GmbH v Frän-
kischer Weinbauverband eV (1)

(Wine sector products — Regulation (EC) No 753/2002 —
Article 21 — Direct effect — Wine and sparkling wine
competitions — Competition entry fee)

in Case C-429/04: Commission of the European Communities
v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Directive
2001/96/EC — Harmonised requirements and procedures for
the safe loading and unloading of bulk carriers — Failure to
transpose within the prescribed period)

(2005/C 296/13)

(Language of the case: German)

(2005/C 296/14)

(Language of the case: Dutch)

In Case C-379/04: reference for a preliminary ruling under
Article 234 EC from the Landgericht Würzburg (Germany),
made by decision of 23 August 2004, received at the Court on
3 September 2004, in the proceedings between Richard Dahms
GmbH and Fränkischer Weinbauverband eV, — the Court
(Third Chamber), composed of A. Rosas, President of
the
Chamber, A. La Pergola, A. Borg Barthet, U. Lõhmus
(Rapporteur) and A. Ó Caoimh, Judges; L.A. Geelhoed, Advo-
cate General; R. Grass, Registrar, gave a judgment on 13
October 2005, the operative part of which is as follows:

Article 21 of Commission Regulation (EC) No 753/2002 of 29
April 2002 laying down certain rules for applying Council Regulation
(EC) No 1493/1999 as regards the description, designation, presen-
tation and protection of certain wine sector products must be inter-
preted as meaning that entrants or potential entrants to a wine
competition cannot rely on that provision to contest the conditions for
the organisation of that competition and, in particular, the rules deter-
mining the entry fees.

(1) OJ C 262 of 23.10.2004.

In Case C-429/04: action for failure to fulfil obligations under
Article 226 EC brought on the 6 October 2004, Commission
of the European Communities (Agents: K. Simonsson and W.
Wils) v Kingdom of Belgium (Agents: D. Haven and M.
Wimmer), the Court (Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, C Gulmann and G. Arestis
(Rapporteur), Judges, Advocate General: C. Stix-Hackl, Regis-
trar: R. Grass, has given a judgment on the 6 October 2005 in
which it:

1. Declares that, by failing to adopt
the laws,
regulations and
administrative measures necessary
to comply with Directive
2001/96/EC of the European Parliament and of the Council of 4
December 2001 establishing harmonised requirements and proce-
dures for the safe loading and unloading of bulk carriers, the
Kingdom of Belgium has failed to fulfil its obligations under this
directive.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 284, 20.11.2004