Case C-286/07: Judgment of the Court (Third Chamber) of 24 April 2008 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Article 28 EC — Registration of second-hand vehicles previously registered in other Member States — Requirement of an excerpt from the commercial register or a comparable document proving that the seller of the vehicle is registered as a dealer — Exemption from the requirement to submit invoices or other documents showing transfer of ownership by previous owner(s))
Date: 2008-04-24
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, free movement of goods, vehicle documents, vehicle registration

7.6.2008

EN

Official Journal of the European Union

C 142/9

20 December 1993 (OJ 1994 L 11, p. 1) — Likelihood of
confusion between the two marks — Moderate degree of simi-
larity between the marks — Little similarity between the goods
— Distinctive character of the earlier mark

Parties to the main proceedings

Applicant: A.O.B.Reuter & Co.

Defendant: Hauptzollamt Hamburg-Jonas

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Communities of 15 December 2006 in Case T-310/04
Ferrero Deutschland v OHIM — Cornu (FERRO);

the Court of First

Instance of

2. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 17 March 2004 (Case R 540/2002-4);

3. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) and Cornu SA Fontain to pay the
costs of the appeal;

4. Orders Ferrero Deutschland GmbH to bear its own costs in relation
to the proceedings at first instance, except for those relating to the
intervention of Cornu SA Fontain;

5. Orders the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM) to bear its own costs in relation to
the proceedings at first instance, except for those relating to the
intervention of Cornu SA Fontain;

6. Orders Cornu SA Fontain to bear its own costs and to pay the
costs incurred by Ferrero Deutschland GmbH and the Office for
Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) in relation to its intervention.

Re:

the application of

Reference for a Preliminary ruling — Finanzgericht Hamburg —
Interpretation of Article 11(1) of Commission Regulation (EEC)
No 3665/87 of 27 November 1987 laying down common
the system of export
detailed rules for
refunds on agricultural products (OJ 1987 L 351, p. 1), as
amended by Commission Regulation (EC) No 2945/94 of
2 December 1994 (OJ 1994 L 310, p. 57), and of Article 51 of
Commission Regulation (EC) No 800/1999 of 15 April 1999
laying down common detailed rules for the application of the
system of export refunds on agricultural products (OJ 1999
L 102, p. 11) — Refund paid to an exporter after submission of
documents forged by a third party — Conditions governing the
application of penalties

Operative part of the judgment

Article 11(1) of Commission Regulation (EEC) No 3665/87 of
27 November 1987 laying down common detailed rules for the appli-
cation of the system of export refunds on agricultural products, as
amended by Commission Regulation (EC) No 2945/94 of 2 December
1994, must be interpreted as meaning that the sanction for which it
provides is applicable against an exporter who has requested an export
refund on goods, where those goods, as a result of fraudulent conduct
on the part of the exporter's contracting partner, were not exported.

(1) OJ C 129, 9.6.2007.

(1) OJ C 117, 26.5.2007.

the Court (Fourth Chamber) of 24 April
Judgment of
2008 (reference
a preliminary ruling from the
Finanzgericht Hamburg — Germany) — A.O.B. Reuter &
Co. v Hauptzollamt Hamburg-Jonas

for

(Case C-143/07) (1)

(Agriculture — Regulation (EEC) No 3665/87 — Article 11
— System of export refunds on agricultural products —
Condition for the grant of the refund — Refund paid to the
exporter after
forged by its
submission of documents
contracting partner — Goods not exported — Conditions for
the application of sanctions)

(2008/C 142/13)

Language of the case: German

Referring court

Finanzgericht Hamburg

Judgment of the Court (Third Chamber) of 24 April 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-286/07) (1)

(Failure of a Member State to fulfil obligations — Article 28
EC — Registration of second-hand vehicles previously regis-
tered in other Member States — Requirement of an excerpt
from the commercial register or a comparable document
proving that the seller of the vehicle is registered as a dealer
— Exemption from the requirement to submit invoices or
other documents showing transfer of ownership by previous
owner(s))

(2008/C 142/14)

Language of the case: French

Parties

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

C 142/10

EN

Official Journal of the European Union

7.6.2008

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent, and P. Kinsch, avocat)

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 28 EC –National rule making the registration of
second-hand vehicles which have previously been registered in
another Member State subject to the submission of an excerpt
from the entry on the commercial register of the vehicle's seller,
whereas vehicles previously registered in Luxembourg are not
subject to such a requirement — Obstacle to the free movement
of goods — Lack of justification and proportionality

Operative part of the judgment

The Court:

1. Declares that, by requiring, in accordance with the practice in issue,
for the purposes of the registration of vehicles in Luxembourg, the
submission of an excerpt from the commercial register or a compar-
able document proving that the seller of the vehicle is registered as
a dealer, except for the dealers on the register of the Société Natio-
nale de Contrôle Technique, the Grand Duchy of Luxembourg has
failed to fulfil its obligations under Article 28 EC;

2. orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 211, 8.9.2007.

Order of the Court of 8 April 2008 — Saint-Gobain Glass
Deutschland GmbH v Fels-Werke GmbH, Spenner-Zement
the European
GmbH & Co KG, Commission of

Communities

(Case C-503/07 P) (1)

(Appeal — Directive 2003/87/EC — Scheme for greenhouse
gas emission allowance trading — Integrated pollution preven-
tion and reduction — Federal Republic of Germany — Alloca-
tion of allowances — Period 2008-2012 — Conditions —
Individual concern — Inadmissibility — Right to be heard by
a court — Right to a fair hearing)

(2008/C 142/15)

Language of the case: German

Appeal brought against the Order of the Court of First Instance
(Third Chamber) of 11 September 2007 in Case T-28/07
Fels-Werke and Others v Commission, by which the Court
dismissed as inadmissible the action seeking partial annulment
of the Commission Decision of 29 November 2006 concerning
the national allocation plan for the allocation of greenhouse gas
emission allowances notified by the Federal Republic of
Germany for the period from 2008 to 2012 in accordance with
Directive 2003/87/EC of the European Parliament and of the
Council of 13 October 2003 establishing a scheme for green-
house gas emission allowance trading within the Community
and amending Council Directive 96/61/EC (OJ 2003 L 275,
p. 32) — Requirement to be individually concerned by the
contested decision — Right to be heard by a court and right to
a fair hearing

Operative part of the order

1. The appeal is dismissed.

2. Saint-Gobain Glass Deutschland GmbH is ordered to pay the costs.

(1) OJ C 64, 8.3.2008.

Appeal brought on 28 February 2008 by K & L Ruppert
Stiftung & Co. Handels-KG against the judgment of the
Court of First Instance (Second Chamber) delivered on
12 December 2007 in Case T-86/05 K & L Ruppert Stiftung
& Co. Handels-KG v Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case C-90/08 P)

(2008/C 142/16)

Language of the case: German

Parties

Appellant(s): K & L Ruppert Stiftung & Co. Handels-KG (repre-
sented by: D. Spohn, Rechtsanwältin)

Other party/parties to the proceedings: 1. Office for Harmonisation
in the Internal Market (Trade Marks and Designs), 2. Natália
Cristina Lopes de Almeida Cunha, 3. Cláudia Couto Simões,
4. Marly Lima Jatobá

Parties

Form of order sought

Appellant: Saint-Gobain Glass Deutschland GmbH (represented
by: H. Posser and S. Altenschmidt, Rechtsanwälte)

Other parties
Zement GmbH & Co KG, Commission of
Communities (represented by: U. Wölker, Agent)

to the proceedings: Fels-Werke GmbH, Spenner-
the European

the judgment of

— Annulment of the whole of paragraph 1 of the operative
part of
Instance of
12 December 2007 in Case T-86/05 and annulment of para-
graph 2 of the operative part of that judgment so as to
order OHIM to pay all its own costs and all the applicant's
costs;

the Court of First