Case C-404/05: Judgment of the Court (First Chamber) of 29 November 2007 — Commission of the European Communities v Federal Republic of Germany (Regulation (EEC) No 2092/91 — Organic production of agricultural products — Private inspection bodies — Requirement of an establishment or permanent infrastructure in the Member State where the services are provided — Justifications — Connection with the exercise of official authority — Article 55 EC — Consumer protection)
Date: 2007-11-29
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, freedom to provide services, health control, organic farming, private sector, right of establishment

C 22/4

EN

Official Journal of the European Union

26.1.2008

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 49 EC — Freedom to provide services — Requirement
for inspection bodies in the field of organic production of agri-
cultural products which are approved in another Member State
to have a place of business or permanent
infrastructure in
Austria

Operative part of the judgment

The Court:

1. Declares that, by requiring of private inspection bodies of organi-
cally-farmed products approved in another Member State that they
maintain an establishment in Austria in order to be able to provide
inspection services there, the Republic of Austria has failed to fulfil
its obligations under Article 49 EC;

for inspection bodies in the field of organic production of agri-
cultural products which are approved in another Member State
to have a place of business or permanent
infrastructure in
Germany

Operative part of the judgment

The Court:

1. Declares that, by requiring of private inspection bodies of organi-
cally-farmed products approved in another Member State that they
maintain an establishment in Germany in order to be able to
provide inspection services there, the Federal Republic of Germany
has failed to fulfil its obligations under Article 49 EC;

2. Orders the Federal Republic of Germany to pay the costs.

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 10 of 14.1.2006.

(1) OJ C 10, 14.1.2006.

Judgment of the Court (First Chamber) of 29 November
the European Communities v
2007 — Commission of

Federal Republic of Germany

(Case C-456/05) (1)

Judgment of the Court (Third Chamber) of 6 December
the European Communities v
2007 — Commission of

Federal Republic of Germany

(Case C-404/05) (1)

(Regulation (EEC) No 2092/91 — Organic production of
agricultural products — Private inspection bodies — Require-
ment of an establishment or permanent infrastructure in the
Member State where the services are provided — Justifications
— Connection with the exercise of official authority —
Article 55 EC — Consumer protection)

of a Member State

(Failure
obligations —
Article 43 EC — Psychotherapists admitted to practise —
System of quotas — Derogating transitional rules — Propor-
tionality — Admissibility)

fulfil

to

(2008/C 22/07)

Language of the case: German

(2008/C 22/06)

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and S. Grünheid, Agents

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

Defendant: Federal Republic of Germany (represented by: M.
Lumma and U. Forsthoff, Agents)

Defendant: Federal Republic of Germany (represented by: M.
Lumma and C.Schulze-Bahr, Agents)

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 49 EC — Freedom to provide services — Requirement

Failure of a Member State to fulfil obligations — Infringement
of Article 43 EC — Transitional rules concerning the authorisa-
tion of psychotherapists which require previous activities carried
out under the national sickness insurance scheme in order for
authorisation to be obtained