Case C-173/05: Judgment of the Court (Second Chamber) of 21 June 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Articles 23 EC, 25 EC and 133 EC — EEC-Algeria Cooperation Agreement — Environmental protection tax on gas pipelines installed in the Sicilian Region — Charge having equivalent effect to a customs duty)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: Algeria, CCT duties, European Commission, Italy, action for failure to fulfil an obligation, charge having equivalent effect, cooperation agreement (EU), gas pipeline

C 183/4

EN

Official Journal of the European Union

4.8.2007

Judgment of the Court (Second Chamber) of 21 June 2007
— Commission of the European Communities v Italian
Republic

Judgment of the Court (Third Chamber) of 14 June 2007
(reference for a preliminary ruling from the Oberster
Patent- und Markensenat, Austria) — Armin Häupl v Lidl
Stiftung & Co. KG

(Case C-173/05) (1)

of a Member State

(Failure
obligations —
Articles 23 EC, 25 EC and 133 EC — EEC-Algeria Coopera-
tion Agreement — Environmental protection tax on gas pipe-
lines installed in the Sicilian Region — Charge having equiva-
lent effect to a customs duty)

fulfil

to

(2007/C 183/05)

Language of the case: Italian

(Case C-246/05) (1)

(Trade mark law — Article 10(1) of Directive 89/104/EEC —
Absence of genuine use of a trade mark — Concept of ‘date of
the completion of the registration procedure’)

(2007/C 183/06)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and J. Hottiaux, Agents)

Referring court

Defendant:
Agent, and A. Cingolo, avvocato dello Stato)

Italian Republic (represented by:

I.M. Braguglia,

Oberster Patent- und Markensenat

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 23 EC, 25 EC, 26 EC and 133 EC and of Articles 4
and 9 of the Cooperation Agreement between the European
Economic Community and the People's Democratic Republic of
Algeria signed on 26 April 1976 and approved by Council
Regulation (EEC) No 2210/78 of 26 September 1978 (OJ 1978
L 263, p. 1) — National law imposing an environmental protec-
tion tax (‘tributo ambientale’) on gas pipelines installed in the
Sicilian Region

Operative part of the judgment

The Court:

1. Declares that, by introducing an environmental tax on methane gas
from Algeria, the Italian Republic has failed to fulfil its obligations
under Articles 23 EC, 25 EC and 133 EC and under Article 9 of
the Cooperation Agreement between the European Economic Com-
munity and the People's Democratic Republic of Algeria, signed in
Algiers on 26 April 1976, and approved on behalf of
the
Community by Council Regulation (EEC) No 2210/78 of
26 September 1978;

2. Dismisses the remainder of the action;

3. Orders the Italian Republic to pay the costs.

(1) OJ C 155, 25.6.2005.

Parties to the main proceedings

Applicant: Armin Häupl

Defendant: Lidl Stiftung & Co. KG

Re:

Reference for a preliminary ruling — Oberster Patent- und
Markensenat — Interpretation of Articles 10(1) and 12(1) of
Directive 89/104/EEC: First Council Directive of 21 December
1988 to approximate the laws of the Member States relating to
trade marks (OJ 1989 L 40, p. 1) — Absence of genuine use of
the undertaking
a mark — Reasons outside the control of
preventing it from opening supermarkets on the national terri-
tory, whereas its usual strategy is to market goods bearing that
mark only in its own supermarkets — Concept of the date on
which the registration procedure finishes

Operative part of the judgment

1) The ‘date of the completion of the registration procedure’ within the
meaning of Article 10(1) of First Council Directive 89/104/EEC
of 21 December 1988 to approximate the laws of the Member
States relating to trade marks must be determined in each Member
State in accordance with the procedural rules on registration in
force in that State;