Case C-326/06: Action brought on 25 July 2006 — Commission of the European Communities v Kingdom of Spain
Date: 2006-09-16
Institutions: Court of Justice
Subjects: European Commission, European company, Spain, action for failure to fulfil an obligation, exchange of information, labour law, national implementing measure, worker consultation, worker participation

16.9.2006

EN

Official Journal of the European Union

C 224/29

They then challenge the restrictive interpretation of the concept
of ‘us[e] in the course of a trade’, in that that concept necessa-
rily envisages an activity of a commercial nature. In the appli-
cants submission, the judgment of the Court of First Instance is
also vitiated by contradictions on a number of points, in par-
ticular as regards the commercial or non-commercial purpose
of the ‘Galileo’ project and the certain or foreseeable nature of
the harm.

The appellants also criticise the Court of First Instance for
having failed to adjudicate in a satisfactory manner on the
arguments alleging harm to their trade and company names
and for having ignored the fact that Article 8 of the Paris
Convention for the Protection of
Industrial Property of 20
March 1883, last revised at Stockholm on 14 July 1967 and
amended on 28 September 1979 (3), constitutes a binding
minimum basis.

Last, the appellants criticise the Court of First Instance for
having disregarded the rules applicable to the liability of the
Commission for an unlawful act. They maintain that a trade
mark right is a right of appropriation and not a right of crea-
tion.

(1) OJ 1994 L 11, p. 1.
(2) OJ 1989 L 40, p. 1.
(3) United Nations Treaty Series, Vol. 828, No 11847, p. 108.

Action brought on 25 July 2006 — Commission of the
European Communities v Kingdom of Spain

(Case C-326/06)

(2006/C 224/54)

Language of the case: Spanish

Parties

event, by not communicating those provisions to the
Commission, the Kingdom of Spain has failed to fulfil its
obligations under that directive;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for adapting domestic law to Directive
2001/86/EC expired on 8 October 2004.

(1) OJ 2001 L 294, p. 22.

Action brought on 26 July 2006 — Commission of the
European Communities v Italian Republic

(Case C-327/06)

(2006/C 224/55)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and L. Pignataro, Agents)

Defendant: Italian Republic

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/14/EC (1) establishing a general framework for
informing and consulting employees in the European Com-
munity or, in any event, by failing to communicate them to
the Commission, the Italian Republic has failed to fulfil its
obligations under Article 11 of that directive;

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and R. Vidal Puig, acting as Agents)

— order the Italian Republic to pay the costs.

Defendant: Kingdom of Spain

Pleas in law and main arguments

The period for transposition of the directive expired on 23
March 2005.

Form of order sought

— Declare that, by not adopting the provisions necessary to
comply with Council Directive 2001/86/EC of 8 October
2001 supplementing the Statute for a European company
with regard to the involvement of employees (1) and, in any

(1) OJ L 80, 23.3.2002, p. 29.