Judgment of the Court (Fourth Chamber) of  10 November 2005  in Case C-385/04: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2001/16/EC — Trans-European Networks — Interoperability of the trans-European conventional rail system — Failure to transpose within the period prescribed)
Date: 2006-01-14
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, harmonisation of standards, national implementing measure, rail transport, technical rule, trans-European network

C 10/4

EN

Official Journal of the European Union

14.1.2006

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

(1) OJ C 168, 26.6.2004.

the placing on the market on its territory of plant protection
products containing active substances not referred to in Annex I to
that directive that were already on the market two years after the
date of notification of the directive, it is not required to comply
with the provisions of Article 4 or Article 8(3) of that directive.

3. Article 16(1) of Directive 98/8 has the same meaning as Article

8(2) of Directive 91/414.

JUDGMENT OF THE COURT

(Second Chamber)

of 10 November 2005

4. It

is for

the national court

to assess whether the evaluation
provided for in Article 25d(2) of the Law on pesticides of 1962
(Bestrijdingsmiddelenwet) corresponds to all the characteristics of a
'review' within the meaning of Article 8(3) of Directive 91/414.

5. Article 8(3) of Directive 91/414 must be interpreted as meaning
that it contains only provisions relating to the provision of data
prior to a review.

in Case C-316/04, Reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven (Nether-
lands) Stichting Zuid-Hollandse Milieufederatie v College
voor de toelating van bestrijdingsmiddelen (1)

6. There is no need to answer Question 1.

(1) OJ C 239 of 25.09.2004.

(Authorisation for
the placing of plant protection and
biocidal products on the market — Directive 91/414/EEC —
Article 8 — Directive 98/8/EC — Article 16 — Power of
Member States during the transitional period)

(2006/C 10/07)

JUDGMENT OF THE COURT

(Language of the case: Dutch)

(Fourth Chamber)

of 10 November 2005

In Case C-316/04: reference for a preliminary ruling under
Article 234 EC from the College van Beroep voor het bedrijf-
sleven (Netherlands), made by decision of 22 July 2004,
received at the Court on 26 July 2004,
in the proceedings
between Stichting Zuid-Hollandse Milieufederatie and College
voor de toelating van bestrijdingsmiddelen, in the presence of
3M Nederland BV and Others — the Court (Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
J. Makarczyk, R. Schintgen, G. Arestis
and J. Klučka
(Rapporteur),
Jacobs, Advocate General; M.
Ferreira, Principal Administrator, for the Registrar, gave a judg-
ment on 10 November 2005, in which it ruled:

Judges;

F.G.

1. Article 16(1) of Directive 98/8/EC of the European Parliament
and of the Council of 16 February 1998 concerning the placing
of biocidal products on the market must be interpreted as meaning
that it does not constitute a 'standstill' obligation. However, the
second paragraph of Article 10 EC and the third paragraph of
Article 249 EC, and Directive 98/8, require that during the tran-
sitional period prescribed in Article 16(1) of that directive the
Member States refrain from adopting any measures liable seriously
to compromise the result prescribed by that directive.

2. Article 8(2) of Council Directive 91/414/EEC of 15 July 1991
concerning the placing of plant protection products on the market
is to be interpreted as meaning that if a Member State authorises

in Case C-385/04: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil obligations — Directive
2001/16/EC — Trans-European Networks — Interoperability
of the trans-European conventional rail system — Failure to
transpose within the period prescribed)

(2006/C 10/08)

(Language of the case: English)

In Case C-385/04, Commission of the European Communities
(Agent: W. Wils) v United Kingdom of Great Britain and
Northern Ireland (Agent: C. White) — action under Article 226
EC for failure to fulfil obligations, brought on 7 September
2004 — the Court (Fourth Chamber), composed of K. Schie-
mann, President of the Chamber, K. Lenaerts and E. Levits
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, gave a judgment on 10 November 2005, in
which it:

14.1.2006

EN

Official Journal of the European Union

C 10/5

1. Declares that, by failing to adopt within the period prescribed all
the laws, regulations and administrative provisions necessary to
comply with Directive 2001/16/EC of the European Parliament
and of the Council of 19 March 2001 on the interoperability of
the trans-European conventional rail system, the United Kingdom
of Great Britain and Northern Ireland has failed to fulfil its obli-
gations under that directive;

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 262, 23.10.2004.

ORDER OF THE COURT

(Sixth Chamber)

of 15 September 2005

in Case C-112/04 P: Marlines SA v Commission of the
European Communities (1)

(Appeal — Article 85(1) of the EC Treaty (now Article 81(1)
EC) — Competition — Agreements, decisions and concerted
practices — Agreements between undertakings — Proof of
an undertaking's participation in business meetings with an
anti-competitive purpose)

ORDER OF THE COURT

(Fourth Chamber)

of 6 October 2005

in Case C-328/04: reference for a preliminary ruling from
the Fővárosi Bíróság in the criminal proceedings against
Attila Vajnai (1)

(Reference for a preliminary ruling — Interpretation of the
principle of non-discrimination — National provision prohi-
biting, on pain of criminal prosecution, the use in public of a
symbol consisting of a five-point red star — Lack of jurisdic-
tion of the Court)

(2006/C 10/10)

(Language of the case: Hungarian)

In Case C-328/04: reference for a preliminary ruling under
Article 234 EC from the Fővárosi Bíróság (Hungary), made by
decision of 24 June 2004, received at the Court on 28 July
2004, in the criminal proceedings against Attila Vajnai — the
Court (Fourth Chamber), composed of K. Lenaerts, President of
the Chamber, K. Schiemann (Rapporteur) and E. Juhász, Judges;
C. Stix Hackl, Advocate General; R. Grass, Registrar, made an
order on 6 October 2005, the operative part of which is as
follows:

The Court of Justice of the European Communities clearly has no
jurisdiction to answer the question referred by the Fővárosi Bíróság
(Hungary) by decision of 24 June 2004.

(2006/C 10/09)

(Language of the case: Greek)

(1) OJ C 262, 23.10.2004.

In Case C-112/04 P: Marlines SA (lawyers: D. Papatheofanous
and A. Anagnostou) against the Commission of the European
Communities (Agents: R. Lyal and T. Christoforou) — an
appeal under Article 56 of the Statute of the Court of Justice
brought on 3 March 2004,
(Sixth Chamber),
composed of A. Borg Barthet, President of the Chamber, A. La
Pergola and J.-P Puissochet (Rapporteur), Judges; D. Ruiz-Jarabo
Colomer, Advocate General; R. Grass, Registrar, made an order
on 15 September 2005, the operative part of which is as
follows:

the Court

ORDER OF THE COURT

(Fifth Chamber)

of 16 September 2005

in Case C-342/04 P:

Jürgen Schmoldt and Others v

Commission of the European Communities (1)

1. The appeal is dismissed as being in part clearly unfounded and in

part clearly inadmissible.

(Appeal — Construction products — Harmonised standards
and technical regulations — Thermal insulation standards)

2. Marlines SA is ordered to pay the costs.

(1) OJ C 106, 30.04.2004

(2006/C 10/11)

(Language of the case: German)

In Case C-342/04 P: appeal under Article 56 of the Statute of
the Court of Justice lodged on 10 August 2004 by Jürgen