Case C-530/07: Action brought on 29 November 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-11-29
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, urban centre, water treatment

C 37/14

EN

Official Journal of the European Union

9.2.2008

2. If the first question is answered in the negative:

Is the applicant to be regarded as acting in bad faith if he
applies for the trade mark in order to be able to prevent a
competitor from continuing to use the sign, where, at the
time he files his application, he knows or ought to know
that by using an identical or similar sign for the same goods
or services, or goods or services which are so similar as to be
the competitor has already
capable of being confused,
acquired ‘valuable property rights’?

Santa Cita, Vila Nova de Gaia/Douro Nordeste, Vila Real
de Santo António, Viana do Castelo-Cidade, Vila Franca
de Xira and Vila Real, as provided for by Article 4 of
that directive,

the Portuguese Republic has failed to fulfil
its obligations
under Council Directive 91/271/EEC of 21 May 1991
concerning urban waste-water treatment;

— order the Portuguese Republic to pay the costs.

3. If either the first or the second question is answered in the

affirmative:

Pleas in law and main arguments

Is bad faith excluded if
the applicant's sign has already
obtained a reputation with the public and is therefore
protected under competition law?

(1) OJ 1994 L 11, p. 1.

Action brought on 29 November 2007 — Commission of
the European Communities v Portuguese Republic

(Case C-530/07)

(2008/C 37/18)

Language of the case: Portuguese

The Member States were to ensure, at the latest by 31 December
2000, that all agglomerations with a population equivalent (p.e.)
of more than 15 000 and, at the latest by 31 December 2005,
that all agglomerations with a p.e. of between 2 000 and
15 000 were provided with collecting systems for urban waste
water.

Article 4 of the Directive provides as follows:

‘1. Member States shall ensure that urban waste water
entering collecting systems shall before discharge be subject
to secondary treatment or an equivalent
treatment as
follows:

— at the latest by 31 December 2000 for all discharges

from agglomerations of more than 15 000 p.e.,

— at

the latest by 31 December 2005 for all dis-
charges from agglomerations of between 10 000 and
15 000 p.e.,

— at the latest by 31 December 2005 for discharges to
from agglomerations of

fresh water and estuaries
between 2 000 and 10 000 p.e.

Parties

Applicant: Commission of the European Communities (repre-
sented by S. Pardo Quintillán and G. Braga da Cruz, acting as
Agents)

…’

(1) OJ L 135, p. 40.

Defendant: Portuguese Republic

Form of order sought

— Declare that, by failing

(a) to provide the agglomerations of Angra do Heroismo,
Bacia do Rio Uima (Fiães de S. Jorge), Costa de Aveiro,
Covilhã, Espinho/Feira, Fátima, Ponta delgada, Ponte de
Lima, Póvoa de Varzim/Vila do Conde, Santa Cita, Vila
Real de Santo António, Viana do Castelo-Cidade and
Vila Real with collecting systems, as provided for by
Article 3 of Council Directive 91/271/EEC (1) of 21 May
1991 concerning urban waste-water treatment, and

(b) to subject to secondary treatment or an equivalent treat-
ment urban waste water from the agglomerations of
Alta Nabão, Alverca, Bacia do Rio Uima (Fiães de S.
Jorge), Carvoeiro, Costa da Caparica/Trafaria, Costa de
Aveiro, Costa Oeste, Covilhã, Espinho/Feira, Fátima,
Fundão/Alçaria, Lisbon, Matosinhos, Milfontes, Moledo/
Âncora/Afife, Nazaré/Famalicâo, Pedrógão Grande, Ponta
delgada, Ponte de Lima, Póvoa de Varzim/Vila do Conde,

Reference for a preliminary ruling from the Obersten
Gerichtshof (Austria) lodged on 29 November 2007 —
Fachverband der Buch- und Medienwirtschaft v LIBRO
Handelsgesellschaft mbH

(Case C-531/07)

(2008/C 37/19)

Language of the case: German

Referring court

Obersten Gerichtshof