Case C-437/04: Judgment of the Court (First Chamber) of 22 March 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Protocol on the Privileges and Immunities of the European Communities — Buildings leased by the Communities — Region of Brussels Capital — Tax on owners)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Belgium, Brussels region, European Commission, Protocol (EU), action for failure to fulfil an obligation, building, tax exemption, tax system

C 96/6

EN

Official Journal of the European Union

28.4.2007

6. Where a parallel

importer has failed to give prior notice to the
trade mark proprietor
concerning a repackaged pharmaceutical
product, he infringes that proprietor's rights on the occasion of any
subsequent importation of that product, so long as he has not
given the proprietor such notice. The sanction for that infringement
must be not only proportionate, but also sufficiently effective and a
sufficient deterrent to ensure that Directive 89/104, as amended by
the Agreement on the European Economic Area, is fully effective. A
national measure under which, in the case of such an infringement,
the trade mark proprietor is entitled to claim financial remedies on
the same basis as if the goods had been spurious, is not in itself
contrary to the principle of proportionality. It is for the national
court, however, to determine the amount of the financial remedies
according to the circumstances of each case, in the light in particu-
lar of the extent of damage to the trade mark proprietor caused by
the parallel
importer's infringement and in accordance with the
principle of proportionality.

— Charge actually falling on the Communities, as lessee, either
because of stipulations in the leases, or because it is simply
passed on in the amount of the rent

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 273, 6.11.2004.

(1) OJ C 300, 4.12.2004.

Judgment of the Court (First Chamber) of 22 March 2007
— Commission of the European Communities v Kingdom
of Belgium

(Case C-437/04) (1)

(Failure of a Member State to fulfil obligations — Protocol on
the Privileges and Immunities of the European Communities
— Buildings leased by the Communities — Region of Brussels
Capital — Tax on owners)

(2007/C 96/08)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J.-F. Pasquier, Agent)

Defendant: Kingdom of Belgium (represented by: E. Dominkovits,
Agent)

Judgment of the Court (Grand Chamber) of 24 April 2007
— Commission of the European Communities v Kingdom
of the Netherlands

(Case C-523/04) (1)

(Failure by a Member State to fulfil its obligations — Conclu-
sion by a Member State of a bilateral air transport agreement
with the United States of America — Right of establishment
— Secondary law governing the internal market in air trans-
port — External competence of the Community)

(2007/C 96/09)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Huttunen and W. Wils, Agents)

Defendant: Kingdom of
H.G. Sevenster and M. de Grave, Agents)

the Netherlands

(represented by:

Intervener in support of the defendant: French Republic (represented
by: G. de Bergues and A. Hare, Agents)

Intervener in support of the applicant: Council of the European
Union (represented by: G. Maganza and A.-M. Colaert, Agents)

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 3 of the Protocol on the privileges and immunities of
the European Communities of 8 April 1965, exempting the
Communities, their assets, revenues and other property from all
direct taxes — National provision imposing a tax on owners of
buildings subject to business occupancy in the Region of Brus-
sels Capital the surface area of which exceeds a certain threshold

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 5 and 52 of the EC Treaty (now Articles 10
and 43 EC) — Infringement of Council Regulations (EEC)
Nos 2409/92 of 23 July 1992 on fares and rates for air services
(OJ 1992 L 240, p. 15) and 2299/89 of 24 July 1989 on a
code of conduct for computerised reservation systems (OJ 1989
L 220, p. 1), as amended by Council Regulation (EEC)
No 3089/93 of 29 October 1993 (OJ 1993 L 278, p. 1) —
‘Open sky’ bilateral agreement with the US — Review —
Restrictions on freedom to provide services