Judgment of the Court (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 (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)
Date: 2005-12-10
Institutions: Court of Justice
Subjects: competition law, dominant position, interpretation of the law, tax system, telecommunications, telephone

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