Case C-227/06: Judgment of the Court (Third Chamber) of 13 March 2008 — Commission of the European Communities v Kingdom of Belgium (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)
Date: 2008-03-13
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, building materials, marketing restriction, marketing standard

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

9.5.2008

EN

Official Journal of the European Union

C 116/5

Operative part of the judgment

2. Orders the Kingdom of Spain to pay the costs.

The Court:

that, by encouraging economic operators wishing to
1. Declares
market
in Belgium construction products lawfully manufactured
and/or marketed in another Member State to obtain Belgian marks
of conformity, the Kingdom of Belgium has failed to fulfil its obli-
gations under Articles 28 EC and 30 EC.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 165, 15.7.2006.

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

(Case C-248/06) (1)

(Failure of a Member State to fulfil its obligations — Freedom
of establishment — Freedom to provide services — Restric-
tions — Research and development — Rules for the deduction
of costs incurred abroad)

(2008/C 116/08)

Language of the case: Spanish

(1) OJ C 178, 29.7.2006.

Judgment of the Court (Fourth Chamber) of 13 March
a preliminary ruling from the
2008 (reference for
Bundesverwaltungsgericht — Germany) — Heinrich Stefan
Schneider v Land Rheinland-Pfalz

(Case C-285/06) (1)

(Agriculture — Regulations (EC) No 1493/1999 and (EC)
No 753/2002 — Common organisation of the market in wine
— Description, designation, presentation and protection of
certain wine sector products — Protection of traditional terms
— Translation into another language — Use for wines from
another producing Member State)

(2008/C 116/09)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Lyal and L. Escobar Guerrero, acting as Agents)

Parties to the main proceedings

Defendant: Kingdom of Spain (represented by: M. Muñoz Pérez,
acting as Agent)

Applicant: Heinrich Stefan Schneider

Defendant: Land Rheinland-Pfalz

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 43 EC, 48 EC and 49 EC and Articles 31 EEA
and 36 EEA — Rules for deducting costs for research and devel-
innovation incurred abroad more
opment and technological
rigorous than those applicable to costs incurred in Spain

Operative part of the judgment

The Court:

1. Declares that, by maintaining in force rules for the deduction of
costs relating to research and development and technological inno-
vation which are less favourable in respect of costs incurred abroad
than costs incurred in Spain — such rules deriving from Article 35
of the Law on corporation tax, as amended by Royal Legislative
Decree 4/2004 of 5 March 2004 — the Kingdom of Spain has
failed to fulfil its obligations under Articles 43 EC and 49 EC on
freedom of establishment and freedom to provide services, and the
corresponding articles in the Agreement on the European Economic
Area of 2 May 1992, namely Articles 31 and 36 of that Agree-
ment;

Intervening
Bundesverwaltungsgericht

party: Vertreterin

des

Bundesinteresses

beim

Re:

as

1),

amended

by Commission Regulation

Reference for a preliminary ruling — Bundesverwaltungsgericht
(Germany) — Interpretation of Article 47(2)(b) and (c) and the
fifth indent of point (B)(1)(b) and point (B)(3) of Annex VII to
Council Regulation (EC) No 1493/1999 of 17 May 1999 on the
common organisation of the market in wine (OJ 1999 L 179,
p.
(EC)
No 1512/2005 of 15 September 2005 amending Regulation
(EC) No 753/2002 laying down certain rules for applying
Council Regulation (EC) No 1493/1999 as regards the descrip-
tion, designation, presentation and protection of certain wine
sector products (OJ 2005 L 241, p. 15), and of Articles 23 and
24 of Commission Regulation (EC) No 753/2002 of 29 April
2002 laying down certain rules for applying Council Regulation
(EC) No 1493/1999 as regards the description, designation,
presentation and protection of certain wine sector products
(OJ 2002 L 118, p. 1) — Prohibition against imitation or