Case C-324/06: Action brought on 24 July 2006 — Commission of the European Communities v Republic of Portugal
Date: 2006-09-16
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, animal nutrition, chemical compound, food chemistry, microorganism, national implementing measure, protein products

C 224/28

EN

Official Journal of the European Union

16.9.2006

Action brought on 24 July 2006 — Commission of the
European Communities v Republic of Portugal

(Case C-324/06)

(2006/C 224/52)

Language of the case: Portuguese

Galileo Deutschland GmbH, Galileo España, SA, Galileo France
SARL, Galileo Nederland BV, Galileo Nordiska AB, Galileo
Portugal Ltd, Galileo Sigma Srl, Galileo International Ltd, The
Galileo Company, Timas Ltd (trading as Galileo Ireland) (repre-
sented by: J.-N. Louis and C. Delcorde, avocats)

Other party to the proceedings: Commission of the European
Communities

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Szmytkowska and P. Andrade, acting as Agents)

Form of order sought

Defendant: Republic of Portugal

Form of order sought

— Declare that by failing to adopt the laws, regulations and
to comply with
administrative provisions necessary
Commission Directive 2004/116/EC (1) of 23 December
2004
to Council Directive
82/471/EEC as regards the inclusion of Candida guillier-
mondii or, in any event, by failing to notify the Commission
of such measures, the Republic of Portugal has failed to
fulfil its obligations under that directive;

the Annex

amending

— order the Republic of Portugal to pay the costs.

Pleas in law and main arguments

The period for implementing the directive expired on 30 June
2005.

— Set aside in its entirety the judgment of the Court of First
Instance (Second Chamber, Extended Composition) of 10
May 2006 in Case T-279/03 Galileo and Others v Commission
of the European Communities.

— Adjudicate on the basis of new provisions, and

I.

(a) Prohibit the Commission from making any use of
the word Galileo in connection with the satellite
radio navigation system project and order it
to
cease to induce, directly or indirectly, any third
parties whomsoever to use that word in connection
with that project and, last, prohibit it from partici-
pating in any way whatsoever in the use of that
word by a third party.

(b) Order the Commission to pay the applicants, jointly
and severally, the sum of EUR 50 million by way
of compensation for the material harm sustained.

(1) OJ 2004 L 379, p. 81.

II. In the alternative,

In the event that the Commission should persist in
using the word Galileo, order it to pay the applicants
the sum of EUR 240 million.

Appeal brought on 25 July 2006 by Galileo International
Technology LLC, Galileo International LLC, Galileo
Belgium SA, Galileo Danmark A/S, Galileo Deutschland
GmbH, Galileo España, SA, Galileo France SARL, Galileo
Nederland BV, Galileo Nordiska AB, Galileo Portugal Ltd,
Galileo Sigma Srl, Galileo International Ltd, The Galileo
Company, Timas Ltd (trading as Galileo Ireland) against
the judgment delivered on 10 May 2006 in Case T-279/03
Galileo International Technology LLC and Others v Commis-
sion of the European Communities

(Case C-325/06 PP)

(2006/C 224/53)

Language of the case: French

Parties

Appellants: Galileo International Technology LLC, Galileo Inter-
national LLC, Galileo Belgium SA, Galileo Danmark A/S,

from the date of

III. Order the Commission to pay the applicants, with
the present
effect
application, default interest calculated by reference to
the reference rate of the ECB plus 2 percentage points
from the date on which the formal letter of 30 April
2001 was sent.

introduction of

IV. Order the defendant to pay the costs.

Pleas in law and main arguments

By their appeal, the appellants rely on the error which, in their
submission, the Court of First Instance made in making the
supply of goods or services on the market by the owner of the
trade mark a condition of recognition of the breach of its
rights within the meaning of Article 9(1) of Council Regulation
(EC) No 40/94 of 20 December 1993 on the Community trade
mark (1) and Article 5(1) of Council Directive 89/104/EEC of
21 December 1988 to approximate the laws of the Member
States relating to trade marks (2).