Case C-382/05: Judgment of the Court (Second Chamber) of 18 July 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Public service contracts — Directive 92/50/EEC — Agreements concerning the treatment of municipal waste — Classification — Public contract — Service concession — Advertising measures)
Date: 2007-10-06
Institutions: Court of Justice
Subjects: European Commission, Italy, Sicily, action for failure to fulfil an obligation, award of contract, domestic waste, services contract, waste management

6.10.2007

EN

Official Journal of the European Union

C 235/7

Judgment of the Court (Second Chamber) of 18 July 2007
— Commission of the European Communities v Italian
Republic

Order of the Court (Sixth Chamber) of 24 April 2007 —
Castellblanch SA v Office for Harmonisation in the Internal
(Trade Marks and Designs), Champagne Louis
Market

(Case C-382/05) (1)

(Failure of a Member State to fulfil obligations — Public
service contracts — Directive 92/50/EEC — Agreements
concerning the treatment of municipal waste — Classification
— Public contract — Service concession — Advertising
measures)

(2007/C 235/10)

Language of the case: Italian

Roederer SA

(Case C-131/06 P) (1)

(Appeal — Figurative mark CRISTAL CASTELLBLANCH —
Refusal of registration)

(2007/C 235/11)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu and X. Lewis, Agents)

Parties

Defendant: Italian Republic (represented by: I.M. Braguglia and G.
Fiengo, Agents)

Applicant: Castellblanch SA (represented by: F. de Visscher, E.
Cornu, E. De Gryse and D. Moreau, avocats)

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 11, 15 and 17 of Council Directive 92/50/EEC
of 18 June 1992 relating to the coordination of procedures for
the award of public service contracts (OJ 1992 L 209, p. 1) —
Award of a contract without publication of
the appropriate
notice — Agreements concluded for the use of the remaining
part of municipal waste produced in the municipalities of the
Region of Sicily

Operative part of the judgment

The Court:

1. Declares that, owing to the fact that the Presidenza del Consiglio
dei Ministri — Dipartimento per la protezione civile — Ufficio del
Commissario delegato per l'emergenza rifiuti e la tutela delle acque
in Sicilia (i) initiated the procedure for the conclusion of agreements
concerning the use of that part of municipal waste produced in the
the Region of Sicily and remaining after the
municipalities of
collection of selected material and (ii) concluded those agreements,
without following the procedures laid down by Council Directive
92/50/EEC of 18 June 1992 relating to the coordination of proce-
dures for the award of public service contracts, as amended by
Commission Directive 2001/78/EC of 13 September 2001, and,
in particular, without publishing the appropriate contract notice in
the Official
the Italian
Republic failed to fulfil its obligations under that directive, in par-
ticular under Articles 11, 15 and 17 thereof;

the European Communities,

Journal of

2. Orders the Italian Republic to pay the costs.

(1) OJ C 22, 28.1.2006.

Other parties to the proceedings: Office for Harmonisation in the
Internal Market (Trade Marks and Designs) (represented by: I. de
Medrano Caballero, Agent), Champagne Louis Roederer SA
(represented by: P. Cousin, avocat)

Re:

Appeal against the judgment of
the Court of First Instance
(Third Chamber) of 8 December 2005 in Case T-29/04 Castell-
Instance
blanch SA v OHIM in which the Court of First
dismissed the action brought by the applicant for the figurative
mark ‘CRISTAL CASTELLBLANCH’ for goods in Class 33 for
annulment of Decision R 0037/2002-2 of the Second Board of
Appeal of the Office for Harmonisation in the Internal Market
(OHIM) of 17 November 2003 dismissing the appeal brought
against
the Opposition Division refusing to
register that mark in the context of the opposition brought by
the proprietor of national and international word marks
containing the word ‘CRISTAL’ for goods in Class 33

the decision of

Operative part of the order

1. The appeal is dismissed.

2. Castellblanch SA shall pay the costs.

(1) OJ C 108, 6.5.2006.