Source: EURLEX
Language: en
Format: md

21.2.2004 EN Official Journal of the European Union C 47/7

Vaamonde): Application for a declaration that, by failing to
adopt the laws, regulations and administrative provisions
necessary to comply with Article 4(c) of Commission Directive
90/388/EEC of 28 June 1990 on competition in the markets
for telecommunications services (OJ 1990 L 192, p. 10) as
amended by Commission Directive 96/19/EC of 13 March
1996 (OJ 1996 L 74, p. 13), the Kingdom of Spain has failed
to fulfil its obligations under those directives and the EC
Treaty, the Court (Fifth Chamber), composed of: P. Jann, acting
for the President of the Fifth Chamber, D.A.O. Edward
(Rapporteur) and A. La Pergola, Judges; P. Léger, Advocate
General; R. Grass, Registrar, has given a judgment on 7 January
2004, in which it:

1. _Declares that, by failing to adopt the laws, regulations and_
_administrative provisions necessary to comply with Article 4(c)_
_of Commission Directive 90/388/EEC of 28 June 1990 on_
_competition in the markets for telecommunications services, as_
_amended by Commission Directive 96/19/EC of 13 March_
_1996, the Kingdom of Spain has failed to fulfil its obligations_
_under that directive;_

2. _Orders the Kingdom of Spain to pay the costs._

( [1] ) OJ C 56 of 2.3.2002.

**JUDGMENT OF THE COURT**

**(Fifth Chamber)**

**of 7 January 2004**

**in Case C-58/02: Commission of the European Communi-**
**ties v Kingdom of Spain** ( [1] )

_**(Failure of a Member State to fulfil obligations — Directive**_
_**98/84/EC — Information society — Radio broadcasting —**_
_**Services based on conditional access — Services consisting**_
_**of conditional access — Protected services — Legal protection**_
_**— Devices giving unauthorised access)**_

(2004/C 47/11)

_(Language of the case: Spanish)_

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_

In Case C-58/02, Commission of the European Communities
(Agents: G. Valero Jordana and M. Shotter v Kingdom of Spain
(Agent: S. Ortiz Vaamonde): Application for a declaration that,

by failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 98/84/EC of
the European Parliament and of the Council of 20 November
1998 on the legal protection of services based on, or consisting
of, conditional access (OJ 1998 L 320, p. 54), or, at the very
least, by failing to notify the Commission of the adoption of
those measures, the Kingdom of Spain has failed to fulfil its
obligations under that directive, the Court (Fifth Chamber),
composed of: P. Jann, acting for the President of the Fifth
Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
has given a judgment on 7 January 2004, in which it:

1. _Declares that, by failing to adopt the laws, regulations and_
_administrative provisions necessary to comply with Directive_
_98/84/EC of the European Parliament and of the Council of_
_20 November 1998 on the legal protection of services based_
_on, or consisting of, conditional access, the Kingdom of Spain_
_has failed to fulfil its obligations under that Directive;_

2. _Orders the Kingdom of Spain to pay the costs._

( [1] ) OJ C 109 of 4.5.2002.

**JUDGMENT OF THE COURT**

**(Fifth Chamber)**

**of 7 January 2004**

**in Case C-60/02 (Reference for a preliminary ruling from**
**the Landesgericht Eisenstadt): X** ( [1] )

_**(Counterfeit and pirated goods — No criminal penalty for**_
_**the transit of counterfeit goods — Compatibility with**_
_**Regulation (EC) No 3295/94)**_

(2004/C 47/12)

_(Language of the case: German)_

_(Provisional translation; the definitive translation will be published_
_in the European Court Reports)_

In Case C-60/02: Reference to the Court under Article 234 EC
by the Landesgericht Eisenstadt (Austria) for a preliminary
ruling in the criminal proceedings before that court against X,
on the interpretation of Council Regulation (EC) No 3295/94
of 22 December 1994 laying down measures concerning the
entry into the Community and the export and re-export
from the Community of goods infringing certain intellectual
property rights (OJ 1994 L 341, p. 8), as amended by Council