Case C-125/06 P: Judgment of the Court (Fourth Chamber) of 13 March 2008 — Commission of the European Communities v Infront WM AG, formerly KirchMedia WM AG, French Republic, United Kingdom of Great Britain and Northern Ireland, European Parliament, Council of the European Union (Appeal — Directive 89/552/EEC — Television broadcasting — Action for annulment — Fourth paragraph of Article 230 EC — Meaning of decision of direct and individual concern to a natural or legal person)
Date: 2008-03-13
Institutions: Court of Justice
Subjects: General Court (EU), United Kingdom, action for annulment (EU), audiovisual industry, exclusive distribution agreement, interpretation of the law, sporting event

C 116/4

EN

Official Journal of the European Union

9.5.2008

on the reports referred to in Article 4 of that regulation concerning
animal health, or on any other objective element with implications
for the welfare of the animals such as to call
into question the
documents presented by the exporter, it being for the latter to show,
if appropriate,
relied on by the competent
authority in substantiation of its finding of non compliance with
Directive 91/628, as amended by Directive 95/29, are irrelevant.

the elements

that

Directive 89/552/EC of 3 October 1989, declaring compatible
with the common market certain measures taken by the United
Kingdom regarding restrictions on the television broadcasting of
interest —
a series of sports and other events of national
Concept of being directly and individually concerned for the
purposes of Article 230 EC

2. Pursuant to Article 5(3) of Regulation No 615/98, the competent
authority may refuse the export refund for failure to comply with
the provisions of Directive 91/628, as amended by Directive
95/29, concerning animal health, even in the absence of evidence
showing that the welfare of the animals transported was, in fact,
adversely affected.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

(1) OJ C 96, 22.4.2006.

costs.

2. Orders the Commission of the European Communities to pay the

(1) OJ C 108, 6.5.2006.

Judgment of the Court (Fourth Chamber) of 13 March
2008 — Commission of
the European Communities v
Infront WM AG, formerly KirchMedia WM AG, French
Republic, United Kingdom of Great Britain and Northern
the European
Ireland, European Parliament, Council of

Union

(Case C-125/06 P) (1)

(Appeal — Directive 89/552/EEC — Television broadcasting
of
annulment — Fourth
— Action
Article 230 EC — Meaning of decision of ‘direct and indivi-
dual’ concern to a natural or legal person)

paragraph

for

(2008/C 116/06)

Language of the case: English

Judgment of the Court (Third Chamber) of 13 March 2008
— Commission of the European Communities v Kingdom
of Belgium

(Case C-227/06) (1)

(Failure of a Member State to fulfil
its obligations —
Articles 28 EC and 30 EC — Measures having equivalent
effect — Construction products — Directive 89/106/EEC —
Absence of harmonised standards — National marks of
conformity — Presumption of conformity)

(2008/C 116/07)

Language of the case: French

Parties

Parties

Appellant: Commission of the European Communities (repre-
sented by: K. Banks and M. Huttunen, agents)

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and B. Stromsky, acting as Agents)

to the proceedings:

Other parties
formerly
KirchMedia WM AG (represented by M. Garcia, Solicitor), French
Republic, United Kingdom of Great Britain and Northern
Ireland, European Parliament, Council of the European Union

Infront WM AG,

Defendant: Kingdom of Belgium (represented by: M. Wimmer, A.
Hubert, L. Van den Broeck, acting as Agents, and F. de
Montpellier and G. Block, lawyers)

Re:

Re:

(Fourth

the Court of First
Appeal brought against the judgment of
of
Composition)
Extended
Instance
15 December 2005 in Case T-33/01 Infront WM AG v Commis-
sion of the European Communities, in which the Court annulled
the Commission's decision, adopted under Article 3a of Council

Chamber,

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 28 EC and 30 EC — National law imposing a
de facto obligation for economic operators wishing to market in
Belgium construction products
lawfully produced and/or
marketed in another Member State to obtain Belgian marks of
conformity in order to market those products in Belgium