Case C-244/06: Judgment of the Court (Third Chamber) of 14 February 2008 (reference for a preliminary ruling from the Landgericht Koblenz — Germany) — Dynamic Medien Vertriebs GmbH v Avides Media AG (Free movement of goods — Article 28 EC — Measures having equivalent effect — Directive 2000/31/EC — National rules prohibiting the sale by mail order of image storage media which have not been examined and classified by the competent authority for the purpose of protecting children and which do not bear a label from that authority indicating the age from which they may be viewed — Image storage media imported from another Member State which have been examined and classified by the competent authority of that State and bear an age-limit label — Justification — Child protection — Principle of proportionality)
Date: 2008-02-14
Institutions: Court of Justice
Subjects: child protection, distance selling, free movement of goods, interpretation of the law, labelling, video cassette, video disc

C 79/4

EN

Official Journal of the European Union

29.3.2008

2. In a procedural situation such as that in the main proceedings, the
obligation, arising from the last sentence of Article 88(3) EC, to
remedy the consequences of the aid's unlawfulness extends also, for
the purposes of calculating the sums to be paid by the recipient,
and save for exceptional circumstances, to the period between a deci-
sion of the Commission of the European Communities declaring the
aid to be compatible with the common market and the annulment
of that decision by the Community court.

(1) OJ C 154, 1.7.2006.

Judgment of the Court (Third Chamber) of 14 February
2008 (reference
a preliminary ruling from the
Landgericht Koblenz — Germany) — Dynamic Medien
Vertriebs GmbH v Avides Media AG

for

storage media not labelled as having been declared available to
young persons by the competent authority of the Member State
— Image storage media imported from another Member State
having been declared available to young persons above a certain
age limit by the competent authority of that Member State —
Principle of proportionality

Operative part of the judgment

Article 28 EC does not preclude national rules, such as those at issue
in the main proceedings, which prohibit the sale and transfer by mail
order of image storage media which have not been examined and clas-
sified by a higher regional authority or a national voluntary self-regu-
lation body for the purposes of protecting young persons and which do
not bear a label from that authority or that body indicating the age
from which they may be viewed, unless it appears that the procedure
for examination, classification and labelling of image storage media
established by those rules
readily accessible or cannot be
completed within a reasonable period, or that a decision of refusal is
not open to challenge before the courts.

is not

(Case C-244/06) (1)

(1) OJ C 178, 29.7.2006.

(Free movement of goods — Article 28 EC — Measures
having equivalent effect — Directive 2000/31/EC — National
rules prohibiting the sale by mail order of image storage
media which have not been examined and classified by the
competent authority for the purpose of protecting children and
which do not bear a label from that authority indicating the
age from which they may be viewed — Image storage media
imported from another Member State which have been exam-
ined and classified by the competent authority of that State
and bear an age-limit label — Justification — Child protection
— Principle of proportionality)

(2008/C 79/05)

Language of the case: German

Referring court

Landgericht Koblenz

Judgment of the Court (Third Chamber) of 14 February
the European Communities v
2008 — Commission of

Kingdom of Spain

(Case C-274/06) (1)

(Failure of a Member State to fulfil
its obligations —
Article 56 EC — National provision limiting the voting rights
of shareholders in undertakings in the energy sector —
Limitation applicable to public bodies)

(2008/C 79/06)

Language of the case: Spanish

Parties to the main proceedings

Parties

Applicant: Dynamic Medien Vertriebs GmbH

Defendant: Avides Media AG

Re:

Applicant: Commission of the European Communities (repre-
sented by: H. Stovlbæk and R. Vidal Puig, Agents, acting as
Agents)

Defendant: Kingdom of Spain (represented by: N. Díaz Abad,
acting as the Agent)

Reference for a preliminary ruling — Landgericht Koblenz —
Interpretation of Articles 28 EC and 30 EC and the provisions
of Directive 2000/31/EC of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information
society services,
in the
internal market (OJ 2000 L 178, p. 1) — National legislation
on the protection of youth prohibiting mail order sales of image

in particular electronic commerce,

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 56 EC — National provision which provides, in
certain cases, for the limitation of voting rights in undertakings
in the energy sector