Judgment of the Court (Third Chamber) of  20 October 2005  in Case C-264/03: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Public contracts — Directive 92/50/EEC — Procedures for the award of public service contracts — Freedom to provide services — Agency of delegated project contracting — Persons to whom the task of delegated project contracting may be entrusted — Exhaustive list of legal persons created under French law)
Date: 2005-12-10
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, civil engineering, freedom to provide services, town-planning profession

C 315/2

EN

Official Journal of the European Union

10.12.2005

1. Declares that, by maintaining a system of compulsory prior notifi-
cation for imports of certain food products of animal origin from
other Member States, the Kingdom of Sweden has failed to fulfil
its obligations under Article 5 of Council Directive 89/662/EEC
of 11 December 1989 concerning veterinary checks in intra-Com-
munity trade with a view to the completion of the internal market;

Barthet, Presidents of Chambers, R. Schintgen (Rapporteur), N.
Colneric, S. von Bahr, J. N. Cunha Rodrigues, G. Arestis, M.
Ilešič and J. Malenovský, Judges; D. Ruiz-Jarabo Colomer, Advo-
cate General; K. Sztranc, Administrator, for the Registrar, gave
a judgment on 13 September 2005, in which it:

2. Orders the Kingdom of Sweden to pay the costs;

3. Orders the Republic of Finland to bear its own costs.

(1) OJ C 112, 10.05.2003.

1. Annuls Council Framework Decision 2003/80/JHA of 27
January 2003 on the protection of the environment through crim-
inal law;

2. Orders the Council of the European Union to pay the costs;

3. Orders

the Kingdom of Denmark,
the Hellenic Republic,

the Federal Republic of
Germany,
the
French Republic, Ireland, the Kingdom of the Netherlands, the
Portuguese Republic, the Republic of Finland, the Kingdom of
Sweden,
the United Kingdom of Great Britain and Northern
Ireland and the European Parliament to bear their own costs.

the Kingdom of Spain,

JUDGMENT OF THE COURT

(1) OJ C 135 of 07.06.2003.

(Grand Chamber)

of 13 September 2005

in Case C-176/03: Commission of the European Commu-
nities v Council of the European Union (1)

JUDGMENT OF THE COURT

(Action for annulment — Articles 29 EU, 31(e) EU, 34 EU
and 47 EU — Framework Decision 2003/80/JHA — Protec-
tion of the environment — Criminal penalties — Community
competence — Legal basis — Article 175 EC)

(Third Chamber)

of 20 October 2005

(2005/C 315/03)

(Language of the case: French)

In Case C-176/03: Commission of the European Communities
(Agent: M. Petite, J. F. Pasquier and W. Bogensberger) supported
by: European Parliament,
(Agents: G. Garzón Clariana, H.
Duintjer Tebbens and A. Baas, and M. Gómez-Leal) v Council
of the European Union (Agent: J.-C. Piris, J. Schutte and K.
Michoel) supported by: Kingdom of Denmark (Agent: J. Molde),
Federal Republic of Germany (Agents: W.-D. Plessing and
A. Dittrich), Hellenic Republic (Agents: E.-M. Mamouna and
M. Tassopoulou), Kingdom of Spain (Agent: N. Díaz Abad),
French Republic (Agents: G. de Bergues, F. Alabrune and
E. Puisais),
Ireland (Agent: D. O'Hagan, and P. Gallagher,
E. Fitzsimons SC and E. Regan BL), Kingdom of the Netherlands
(Agents: H.G. Sevenster and C. Wissels), Portuguese Republic
(Agent: L. Fernandes and A. Fraga Pires), Republic of Finland
(Agent: A. Guimaraes-Purokoski), Kingdom of Sweden (Agents:
A. Kruse, K. Wistrand and A. Falk), United Kingdom of Great
Britain and Northern Ireland (Agent: C. Jackson and R. Plender
QC) — Application for annulment pursuant to Article 35 EU
brought on 15 April 2003, — the Court (Grand Chamber),
composed of P.
the Chamber, C.W.A.
Timmermans, A. Rosas, R. Silva de Lapuerta and A. Borg

Jann, President of

in Case C-264/03: Commission of the European Commu-
nities v French Republic (1)

(Failure of a Member State to fulfil obligations — Public
contracts — Directive 92/50/EEC — Procedures for the
award of public service contracts — Freedom to provide
services — Agency of delegated project contracting —
Persons to whom the task of delegated project contracting
may be entrusted — Exhaustive list of legal persons created
under French law)

(2005/C 315/04)

(Language of the case: French)

In Case C-264/03: ACTION under Article 226 EC for failure to
fulfil obligations, brought on 17 June 2003, Commission of the
European Communities (Agents: B. Stromsky, K. Wiedner and
F. Simonetti) v French Republic (Agents: G. de Bergues and
D. Petrausch — the Court (Third Chamber), composed of A.
Rosas (Rapporteur), President of the Chamber, J. Malenovský,
J.-P. Puissochet, A. Borg Barthet and U. Lõhmus, Judges; Advo-
cate General: M. Poiares Maduro, Registrar: K. Sztranc, Admin-
istrator, gave a judgment on 20 October 2005, in which it:

10.12.2005

EN

Official Journal of the European Union

C 315/3

as

amended

Declares that, by reserving, in Article 4 of Law No 85-704 of 12
July 1985 on public project contracting and its relationship to private
project management,
by Law No 96-987 of
14 November 1996 on the implementation of the urban revival pact,
the task of delegated project contracting to an exhaustive list of legal
persons created under French law, the French Republic has failed to
fulfil its obligations under Council Directive 92/50/EEC of 18 June
1992 relating to the coordination of procedures for the award of
public service contracts, as amended by European Parliament and
Council Directive 97/52/EC of 13 October 1997, and under Article
49 EC.

(1) OJ C 200 of 23.08.2003.

ment on 20 October 2005, the operative part of which is as
follows:

Article 11(2) of Directive 97/13/EC of the European Parliament and
of
the Council of 10 April 1997 on a common framework for
general authorisations and individual licences in the field of telecom-
munications services must be interpreted as precluding national legis-
lation such as that at issue in the main proceedings which provides
that a new operator on the telecommunications market is required to
pay a charge in respect of the allocation of telephone numbers taking
account of their economic value, even though a telecommunications
undertaking having a dominant position on the same market took
over free of charge the very large stock of numbers which were avail-
able to its predecessor,
law
precludes retrospective payment of such a charge in respect of that
stock.

the former monopoly, and national

JUDGMENT OF THE COURT

(1) OJ C 251 of 18.10.2003.

(Third Chamber)

of 20 October 2005

in Joined Cases C-327/03 and C-328/03: References for a
preliminary ruling from the Bundesverwaltungsgericht in
Bundesrepublik Deutschland v ISIS Multimedia Net GmbH
und Co. KG, and Others (1)

JUDGMENT OF THE COURT

(Grand Chamber)

of 18 October 2005

(Telecommunications
services — Directive 97/13/EC —
Article 11(2) — Charge for the allocation of new telephone
numbers — Stock of numbers available free of charge to the
undertaking succeeding the former monopoly)

in Case C-405/03: Reference for a preliminary ruling from
the Gerechtshof te 's-Gravenhage in Class International BV
v Colgate-Palmolive Company, Unilever NV, SmithKline
Beecham plc, Beecham Group plc (1)

(2005/C 315/05)

(Language of the case: German)

(Trade marks — Directive 89/104/EEC — Regulation (EC)
No 40/94 — Rights conferred by the trade mark — Use of
the mark in the course of trade — Importation of original
goods into the Community — Goods placed under the
external transit procedure or the customs warehousing proce-
dure — Opposition of the trade mark proprietor — Offering
for sale or selling goods placed under the external transit
procedure or the customs warehousing procedure — Opposi-
tion of the trade mark proprietor — Onus of proof)

In Joined Cases C-327/03 and C-328/03: two references for a
preliminary ruling under Article 234 EC from the Bundesver-
waltungsgericht
(Germany), made by decisions of 30 April
2003, received at the Court on 28 July 2003, in the proceed-
ings between Bundesrepublik Deutschland and ISIS Multimedia
Net GmbH und Co. KG, represented by ISIS Multimedia Net
Verwaltungs GmbH (C-327/03), Firma O2 (Germany) GmbH
(Third Chamber),
und Co. OHG (C-328/03) — the Court
J. Male-
composed of A. Rosas, President of the Chamber,
novský, S. von Bahr (Rapporteur), A. Borg Barthet and U.
Lõhmus, Judges; D. Ruiz-Jarabo Colomer, Advocate General; M.
Ferreira, Principal Administrator, for the Registrar, gave a judg-

(2005/C 315/06)

(Language of the case: Dutch)

In Case C-405/03: reference for a preliminary ruling under
's-Gravenhage
Article 234 EC from the Gerechtshof

te