Case C-357/05: Judgment of the Court (Fifth Chamber) of 16 November 2006 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2003/55/EC — Internal market in natural gas — Failure to transpose within the prescribed period)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, gas industry, single market

30.12.2006

EN

Official Journal of the European Union

C 331/15

Re:

Judgment of the Court (Fifth Chamber) of 16 November
the European Communities v
2006 — Commission of

Reference for a preliminary ruling — Högsta Domstolen —
Interpretation of Article 98(1) of Council Regulation (EC) No
40/94 of 20 December 1993 on the Community trade mark
(OJ 1994 L 11, p. 1) — Obligation of a Community trade mark
court which finds that the defendant has infringed or threatens
to infringe a Community trade mark, to issue, save where there
are specific reasons for not doing so, an order prohibiting him
from further infringements or threats to infringe — National
legislation already containing a general prohibition of infringe-
ment and providing for penalties in the case of further such acts

Operative part of the judgment

1. Article 98(1) of Council Regulation (EC) No 40/94 of 20
December 1993 on the Community trade mark is to be interpreted
as meaning that the mere fact that the risk of further infringement
or threatened infringement of a Community trade mark is not
obvious or is otherwise merely limited does not constitute a special
reason for a Community trade mark court not to issue an order
prohibiting the defendant from proceeding with those acts.

2. Article 98(1) of Regulation No 40/94 is to be interpreted as
meaning that the fact that the national
law includes a general
prohibition of the infringement of Community trade marks and
provides for the possibility of penalising further infringement or
threatened infringement, whether intentional or due to gross negli-
gence, does not constitute a special reason for a Community trade
mark court not to issue an order prohibiting the defendant from
proceeding with those acts.

3. Article 98(1) of Regulation No 40/94 is to be interpreted as
meaning that a Community trade mark court which has issued an
order prohibiting the defendant from proceeding with infringement
or threatened infringement of a Community trade mark is required
to take such measures, in accordance with its national law, as are
aimed at ensuring that that prohibition is complied with, even if
the national law includes a general prohibition of infringement of
Community trade marks and provides for the possibility of pena-
lising further
threatened infringement, whether
intentional or due to gross negligence.

infringement or

4. Article 98(1) of Regulation 40/94 is to be interpreted as meaning
that a Community trade mark court which has issued an order
prohibiting the defendant from proceeding with infringement or
threatened infringement of a Community trade mark is required to
take, from among the measures provided for under national law,
such as are aimed at ensuring that that prohibition is complied
with, even if those measures could not, under that law, be taken in
the case of a corresponding infringement of a national trade mark.

Kingdom of Spain

(Case C-357/05) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/55/EC — Internal market in natural gas — Failure to
transpose within the prescribed period)

(2006/C 331/25)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and S. Pardo Quintillán, Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Directive 2003/55/EC of the European Parliament
and of the Council of 26 June 2003 concerning common rules
for the internal market in natural gas and repealing Directive
98/30/EC (OJ 2003 L 176, p. 57)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2003/55/EC of the European Parliament
and of the Council of 26 June 2003 concerning common rules for
the
in natural gas and repealing Directive
98/30/EC, the Kingdom of Spain has failed to fulfil its obligations
under that directive.

internal market

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 257, 15.10.2005.

(1) OJ C 281, 12.11.2005.