Case C-249/07: Judgment of the Court (Third Chamber) of 4 December 2008 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Directive 92/43/EC — Measure having equivalent effect — Prior authorisation for the planting of oysters and mussels of native species from other Member States — Justification — Protection of the life of animals — Maintenance of biodiversity and conservation of fish species in the interest of fisheries)
Date: 2008-12-04
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, intra-EU trade, market access, shellfish farming, trade restriction

C 19/4

EN

Official Journal of the European Union

24.1.2009

Operative part of the judgment

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

The Court:

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Directive 2003/35/EC of the European Parliament and of the
Council of 26 May 2003 providing for public participation in
respect of the drawing up of certain plans and programmes relating
to the environment and amending with regard to public participa-
tion and access to justice Council Directives 85/337/EEC and
96/61/EC, the United Kingdom of Great Britain and Northern
Ireland has failed to fulfil its obligations under that directive;

2. Orders the United Kingdom of Great Britain and Northern Ireland

to pay the costs.

(1) OJ C 170, 21.7.2007.

Judgment of the Court (Third Chamber) of 4 December
the European Communities v
2008 — Commission of

Kingdom of the Netherlands

(Case C-249/07) (1)

to

fulfil

of a Member State

obligations —
(Failure
Articles 28 EC and 30 EC — Directive 92/43/EC — Measure
having equivalent
the
planting of oysters and mussels of native species from other
Member States — Justification — Protection of the life of
animals — Maintenance of biodiversity and conservation of
fish species in the interest of fisheries)

effect — Prior authorisation for

(2009/C 19/06)

Language of the case: Dutch

(1) OJ C 183, 4.8.2007.

Judgment of the Court (First Chamber) of 27 November
2008 (reference for a preliminary ruling from the Court of
Appeal
(Civil Division) — United
Kingdom) — Intel Corporation Inc. v Cpm United
Kingdom Limited

(England and Wales)

(Case C-252/07) (1)

(Directive 89/104/EEC — Trade marks — Article 4(4)(a) —
Trade marks with a reputation — Protection against the use
of a later identical or similar mark — Use which takes or
would take unfair advantage of, or is or would be detrimental
to, the distinctive character or the repute of the earlier trade
mark)

(2009/C 19/07)

Language of the case: English

Referring court

Court of Appeal (England and Wales) (Civil Division)

Parties to the main proceedings

Applicant: Intel Corporation Inc.

Defendant: Cpm United Kingdom Limited

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and S. Noe, acting as Agents)

Re:

Defendant: Kingdom of the Netherlands (represented by: C.M.
Wissels and C. ten Dam, Agents)

Re:

Failure to fulfil obligations — Infringement of Articles 28 EC
and 30 EC — System of prior authorisation for the planting of
oysters and mussels from other Member States in Netherlands
coastal waters

Operative part of the judgment

The Court:

1. Declares that, by instituting a system of prior authorisation for the
in Netherlands coastal waters, of oysters and mussels
planting,
coming lawfully from other Member States and being of species
native to the Netherlands, the Kingdom of the Netherlands has
failed to fulfil its obligations under Articles 28 EC and 30 EC;

Reference for a preliminary ruling — Court of Appeal (Civil
Division) — Interpretation of Articles 4(4)(a) and 5(2) of First
Council Directive 89/104/EEC of 21 December 1988 to approx-
imate the laws of the Member States relating to trade marks
(OJ 1989 L 40, p. 1) — Earlier mark having a reputation —
Criteria to be taken into account in order to establish whether
there is a link within the meaning of Case C-408/01 Adidas-
Salomon AG and Adidas-Benelux BV

Operative part of the judgment

1. Article 4(4)(a) of First Council Directive 89/104/EEC of
21 December 1988 to approximate the laws of the Member States
relating to trade marks must be interpreted as meaning that
whether there is a link, within the meaning of Case C-408/01
Adidas-Salomon and Adidas Benelux, between the earlier mark
with a reputation and the later mark must be assessed globally,
taking into account all factors relevant to the circumstances of the
case.