Joined Cases C-439/05 P and C-454/05 P: Judgment of the Court (Third Chamber) of 13 September 2007 — Land Oberösterreich and Republic of Austria v Commission of the European Communities (Appeal — Directive 2001/18/EC — Decision 2003/653/EC — Deliberate release into the environment of genetically modified organisms — Article 95(5) EC — National provisions derogating from a harmonisation measure justified by new scientific evidence and by a problem specific to one Member State — Principle of the right to be heard)
Date: 2007-11-10
Institutions: Court of Justice
Subjects: Austria, General Court (EU), appeal, environmental protection, foodstuffs legislation, genetically modified organism

10.11.2007

EN

Official Journal of the European Union

C 269/9

Operative part of the judgment

Re:

The Court:

1. Declares that, by failing to take appropriate steps to avoid, in the
special protection area ‘Valloni e steppe pedegarganiche’, the dete-
rioration of natural habitats and the habitats of species as well as
disturbance of the species for which that area was established, the
Italian Republic failed, in respect of the period before 28 December
1998, to fulfil its obligations under Article 4(4) of Council Direc-
tive 79/409/EEC of 2 April 1979 on the conservation of wild
birds and, in respect of the period after that date, has failed to fulfil
its obligations under Article 6(2) of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 22, 28.1.2006.

Reference for a preliminary ruling — Supremo Tribunal de
Justiça — Interpretation of Article 33 of the Agreement on
Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
annexed to the Agreement establishing the World Trade Organi-
sation (OJ 1994 L 336, p. 214) — Jurisdiction in relation to
interpretation — Direct effect

Operative part of the judgment

Intellectual Property Rights,

As Community legislation in the sphere of patents now stands, it is
not contrary to Community law for Article 33 of the Agreement on
Trade-Related Aspects of
constituting
Annex 1C to the Agreement establishing the World Trade Organisa-
tion, signed at Marrakesh on 15 April 1994 and approved by
Council Decision 94/800/EC concerning the conclusion on behalf of
the European Community, as regards matters within its competence, of
the agreements reached in the Uruguay Round multilateral negotia-
tions (1986-1994), to be directly applied by a national court subject
to the conditions provided for by national law.

(1) OJ C 36, 11.2.2006.

Judgment of the Court (Grand Chamber) of 11 September
2007 (reference
a preliminary ruling from the
Supremo Tribunal de Justiça — Portugal) — Merck
Genericos-Produtos Farmacêuticos L.da v Merck & Co. Inc.,
Merck Sharp & Dohme, L.da

for

(Case C-431/05) (1)

(Agreement establishing the World Trade Organisation —
Article 33 of the Agreement on Trade-related Aspects of
Intellectual Property Rights (TRIPs) — Patents — Minimum
term of protection — Legislation of a Member State providing
for a lesser term — Article 234 EC — Jurisdiction of the
Court — Direct effect)

(2007/C 269/17)

Judgment of the Court (Third Chamber) of 13 September
2007 — Land Oberösterreich and Republic of Austria v
Commission of the European Communities

(Joined Cases C-439/05 P and C-454/05 P) (1)

(Appeal — Directive 2001/18/EC — Decision 2003/653/EC
— Deliberate release into the environment of genetically modi-
fied organisms — Article 95(5) EC — National provisions
derogating from a harmonisation measure justified by new
scientific evidence and by a problem specific to one Member
State — Principle of the right to be heard)

Language of the case: Portugese

(2007/C 269/18)

Language of the case: German

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Parties

Land Oberösterreich

G.
Appellants:
Hörmanseder, Agent, and by F. Mittendorfer, Rechtsanwalt),
Republic of Austria (represented by H. Dossi and A. Hable,
Agents)

(represented

by

Applicant: Merck Genéricos-Produtos Farmacêuticos L.da

Defendant: Merck & Co. Inc., Merck Sharp & Dohme, L.da

Other party to the proceedings: Commission of
Communities
Agents)

the European
(represented by: U. Wölker and M. Patakia,

C 269/10

EN

Official Journal of the European Union

10.11.2007

Re:

Re:

seeking

the Court of First
Appeal brought against the judgment of
Instance (Fourth Chamber) of 5 October 2005 in Joined Cases
T-366/03 Land Oberösterreich v Commission and T-235/04 Austria
v Commission by which the Court of First Instance dismissed
actions
Commission Decision
2003/653/EC of 2 September 2003 relating to national provi-
sions on banning the use of genetically modified organisms in
the region of Upper Austria notified by the Republic of Austria
pursuant to Article 95(5) of the EC Treaty — National provi-
sions derogating from a harmonisation measure justified by a
problem specific to a Member State

annulment

of

Operative part of the judgment

The Court:

1) Dismisses the appeals;

2) Orders the Land Oberösterreich and the Republic of Austria to pay

the costs.

(1) OJ C 48, 25.2.2006.
OJ C 60, 11.3.2006.

Judgment of the Court (Second Chamber) of 13 September
2007 — Common Market Fertilizers SA v Commission of
the European Communities

Appeal seeking to have set aside the judgment of the Court of
First Instance of 27 September 2005 in Joined Cases T-134/03
and T-135/03 Common Market Fertilizers v Commission by which
the Court dismissed the actions for annulment of Commission
Decisions C(2002) 5217 final and C(2002) 5218 final of
20 December 2002 declaring the remission of import duties to
be unjustified in a particular case.

Operative part of the judgment

The Court:

1) Dismisses the appeal;

2) Orders Common Market Fertilizers SA to pay the costs.

(1) OJ C 36, 11.2.2006.

Judgment of the Court (Fourth Chamber) of 13 September
2007 (reference for a preliminary ruling from the Oberster
Gerichtshof, Austria) — Mohamed Jouini, Okay Gönen,
Hasan Bajric, Gerald Huber, Manfred Ortner, Sükran
Franz Mühlberger, Nakil Bakii, Hannes
Karacatepe,
Kranzler,
Jürgen Mörth, Anton Schneeberger, Dietmar
Susteric, Sascha Wörnhör, Aynur Savci, Elena Peter, Egon
Schmöger, Mehmet Yaman, Dejan Preradovic, Andreas
Mitter, Wolfgang Sorger, Franz Schachenhofer, Herbert
Weiss, Harald Kaineder, Ognen Stajkovski, Jovica Vidovic v
Princess Personal Service GmbH (PPS)

(Case C-443/05 P) (1)

(Case C-458/05) (1)

(Appeal — Anti-dumping duties — Article 239 of
the
Customs Code — Remission of import duties — First para-
graph of Article 907 of Regulation (EEC) No 2454/93 —
Interpretation — Legality — Commission decision — Group
of experts meeting in the framework of the Customs Code
Committee — Distinct entity in functional terms — Articles 2
and 5(2) of Council Decision 1999/468/EC — Article 4 of
the rules of procedure of the Customs Code Committee —
Conditions for the application of Article 239 of the Customs
Code — No obvious negligence)

(2007/C 269/19)

Language of the case: French

Parties

Appellant: Common Market Fertilizers SA (represented by:
A. Sutton, Barrister, and N. Flandin, avocat)

(Social policy — Directive 2001/23/EC — Safeguarding of
employees' rights — Transfer of undertakings — Concept of
‘Transfer’ — Temporary employment business)

(2007/C 269/20)

Language of the case: German

Referring court

Oberster Gerichtshof

Parties to the main proceedings

Bakii, Hannes

Applicant: Mohamed Jouini, Okay Gönen, Hasan Bajric, Gerald
Huber, Manfred Ortner, Sükran Karacatepe, Franz Mühlberger,
Nakil
Jürgen Mörth, Anton
Kranzler,
Schneeberger, Dietmar Susteric, Sascha Wörnhör, Aynur Savci,
Elena Peter, Egon Schmöger, Mehmet Yaman, Dejan Preradovic,
Andreas Mitter, Wolfgang Sorger, Franz Schachenhofer, Herbert
Weiss, Harald Kaineder, Ognen Stajkovski, Jovica Vidovic.

Other party to the proceedings: Commission of
Communities (represented by: X. Lewis, Agent)

the European

Defendant: Princess Personal Service GmbH (PPS)