Case C-93/08: Judgment of the Court (Second Chamber) of 12 February 2009 (reference for a preliminary ruling from the Augstākās tiesas Senāta (Republic of Latvia)) — Schenker SIA v Valsts ieņēmumu dienests (Reference for a preliminary ruling — Regulation (EC) No 1383/2003 — Article 11 — Simplified procedure of abandoning goods for destruction — Prior determination whether an intellectual property right has been infringed — Administrative penalty)
Date: 2009-02-12
Institutions: Court of Justice
Subjects: customs, customs inspection, industrial counterfeiting, intellectual property, interpretation of the law

4.4.2009

EN

Official Journal of the European Union

C 82/7

Operative part of the judgment

Articles 56 EC and 58 EC must be interpreted as not precluding legis-
lation of a Member State, such as that at issue in the main proceed-
ings, which — as regards the assessment of inheritance tax payable by
an heir who is resident in that Member State in respect of capital
claims against a financial institution in another Member State — does
not provide for inheritance tax paid in that other Member State to be
credited against inheritance tax payable in the first Member State
where the person whose estate is being administered was, at the time of
death, resident in the first Member State.

certain intellectual property rights and the measures to be taken
against goods found to have infringed such rights, does not deprive the
competent national authorities of the power to impose, on the parties
responsible for importing those goods into the Community customs
territory, a ‘penalty’, within the meaning of Article 18 of that regu-
lation, such as an administrative fine.

(1) OJ C 128, 24.5.2008.

(1) OJ C 107, 26.4.2008.

Judgment of the Court (Second Chamber) of 12 February
a preliminary ruling from the
2009 (reference
Augstākās tiesas Senāta (Republic of Latvia)) — Schenker
SIA v Valsts ieņēmumu dienests

for

(Case C-93/08) (1)

(Reference for a preliminary ruling — Regulation (EC)
No 1383/2003 — Article 11 — Simplified procedure of aban-
doning goods for destruction — Prior determination whether
an intellectual property right has been infringed — Adminis-
trative penalty)

Parties

Judgment of the Court (Eighth Chamber) of 10 February
the European Communities v
2009 — Commission of

French Republic

(Case C-224/08) (1)

(Failure of a Member State to fulfil obligations — Directive
2006/100/EC — Failure to transpose within the period
prescribed)

(2009/C 82/13)

Language of the case: French

(2009/C 82/12)

Language of the case: Latvian

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings

Applicant: Schenker SIA

Defendant: Valsts ieņēmumu dienests

Re:

of

Council

of Article

Reference for a preliminary ruling — Augstākās tiesas Senāts —
Interpretation
Regulation
11
No 1383/2003 of 22 July 2003 concerning customs action
against goods suspected of infringing certain intellectual prop-
erty rights and the measures to be taken against goods found to
have infringed such rights (OJ 2003 L 196, p. 7) — Simplified
procedure of abandoning goods for destruction without first
determining whether there has been an infringement of an intel-
lectual property right under
legislation
providing that an administrative penalty be imposed where the
goods declared infringe an intellectual property right

law — National

Applicant: Commission of the European Communities (repre-
sented by: C. Huvelin, V. Peere and H. Stølvbæk, acting as
Agents)

Defendant: French Republic (represented by: G. de Bergues and
B. Messmer, Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt or notify, within the period prescribed,
the measures
necessary to comply with Council Directive 2006/100/EC of
20 November 2006 adapting certain Directives in the field of
freedom of movement of persons, by reason of the accession of
Bulgaria and Romania (OJ 2006 L 363, p. 141)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all
the laws, regulations and administrative provisions necessary to
comply with Council Directive 2006/100/EC of 20 November
2006 adapting certain Directives in the field of freedom of move-
ment of persons, by reason of
the accession of Bulgaria and
Romania, the French Republic has failed to comply with its obliga-
tions under Article 2 of that directive;

2. Orders the French Republic to pay the costs.

Operative part of the judgment

The initiation, with the agreement of an intellectual property right-
holder and of the importer, of the simplified procedure laid down in
Article 11 of Council Regulation (EC) No 1383/2003 of 22 July
2003 concerning customs action against goods suspected of infringing

(1) OJ C 171, 5.7.2008.