Source: EURLEX
Language: en
Format: md

27.10.2001 EN Official Journal of the European Communities C 303/3

1. _Where the Agreement on Trade-Related Aspects of Intellectual_ _forbids the legal order of a Member State to provide, where_
_Property Rights (‘the TRIPs Agreement’), as set out in Annex 1_ _appropriate, that its judicial authorities are to determine of their_
_C to the Agreement establishing the World Trade Organisation,_ _own motion the period within which substantive proceedings_
_approved on behalf of the Community, as regards matters_ _are to be instituted at the same time as ordering provisional_
_within its competence, by Council Decision 94/800/EC of_ _measures, without any request by the defendant being necessary_
_22 December 1994, became applicable in the Member State_ _for that purpose._
_concerned at a time when the court of first instance has heard_
_the case but not yet delivered its decision, Article 50 of the TRIPs_ 6. _Article 50(6) of the TRIPs Agreement neither requires nor_
_Agreement is applicable to the extent that the infringement of_
_forbids the Member States to provide, where appropriate, that_
_intellectual property rights continues beyond the date on which_
_its judicial authorities are to determine of their own motion the_
_the TRIPs Agreement became applicable with regard to the_
_period within which substantive proceedings are to be instituted._
_Community and the Member States._
_Since the provision in question is silent on that point, the scope_
_of the powers conferred on appellate courts in that regard falls_
_within the competence of each Member State._

2. _The procedural requirements of Article 50 of the TRIPs_
( [1] ) OJ C 136 of 15.5.1999.
_Agreement, and in particular Article 50(6), are not such as to_
_create rights upon which individuals may rely directly before the_
_Community courts and the courts of the Member States._
_Nevertheless, where the judicial authorities are called upon to_
_apply national rules with a view to ordering provisional_
_measures for the protection of intellectual property rights falling_
_within a field to which the TRIPs Agreement applies and in_
_respect of which the Community has already legislated, they are_
_required to do so as far as possible in the light of the wording_ **JUDGMENT OF THE COURT**
_and purpose of Article 50(6) of the TRIPs Agreement, taking_
_account, more particularly, of all the circumstances of the case_
_before them, so as to ensure that a balance is struck between the_ **(Fifth Chamber)**
_competing rights and obligations of the intellectual property_
_right holder and of the defendant._
**of 13 September 2001**

**in Case C-374/99: Kingdom of Spain v Commission of the**
**European Communities** ( [1] )
3. _Article 50(6) of the TRIPs Agreement is to be interpreted as_
_meaning that a request by the defendant is necessary in order_
_**(EAGGF — Clearance of accounts — 1995 financial year**_
_for the provisional measures ordered by way of interim relief to_
_**— Aid for consumption of olive oil — Premiums for sheep**_
_lapse on the ground that no substantive action has been brought_
_**and goats)**_
_either within the period prescribed in the provisional measures_
_or, where no period is prescribed, within 20 working days or_
_31 calendar days, whichever is the longer period._ (2001/C 303/03)

_(Language of the case: Spanish)_

4. _In the absence of any provision in the TRIPs Agreement_
_(Provisional translation; the definitive translation will be published_
_concerning the point in time at which the period of 20 working_
_in the European Court Reports)_
_days or 31 calendar days prescribed by Article 50(6) of that_
_agreement is to start, it is for each contracting party to_
_determine when that period is to start, provided always that it_ In Case C-374/99: Kingdom of Spain (Agent: M. Lo´pez-Monı´s
_is ‘reasonable’ having regard to the circumstances of each case_ Gallego) v Commission of the European Communities (Agent:
_and taking into account the balance to be struck between the_ J. Guerra Ferna´ndez) — application for partial annulment of
_competing rights and obligations of the intellectual property_ Commission Decision 1999/596/EC of 28 July 1999
_right holder and of the defendant._ amending Decision 1999/187/EC on the clearance of the
accounts presented by the Member States in respect of the
expenditure for 1995 of the Guarantee Section of the European
Agricultural Guidance and Guarantee Fund (EAGGF) (OJ 1999
L 226, p. 26) in so far as it relates to the Kingdom of Spain —
5. _In the absence of any Community rule on the point and in_ the Court (Fifth Chamber), composed of: A. La Pergola,
_accordance with Article 1(1) of the TRIPs Agreement, it is for_ President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann
_each Member State to determine the limits of the powers of the_ (Rapporteur) and L. Sevo´n, Judges; L.A. Geelhoed, Advocate
_judicial_ _authorities_ _in_ _ordering_ _provisional_ _measures._ General; R. Grass, Registrar, has given a judgment on 13 Sep_Article 50(6) of the TRIPs Agreement neither requires nor_ tember 2001, in which it:

C 303/4 EN Official Journal of the European Communities 27.10.2001

1. _Dismisses the application;_ **JUDGMENT OF THE COURT**

2. _Orders the Kingdom of Spain to pay the costs._
**(Fifth Chamber)**

( [1] ) OJ C 366 of 18.12.1999.
**of 13 September 2001**

**in Case C-417/99: Commission of the European Communi-**
**ties v Kingdom of Spain** ( [1] )

**JUDGMENT OF THE COURT** _**(Failure by a State to comply with its obligations —**_
_**Directive 96/62/EC — Ambient air quality assessment**_
_**and management — Failure to designate the competent**_
**(Fifth Chamber)**
_**authorities and bodies responsible for implementing the**_
_**directive)**_
**of 13 September 2001**

(2001/C 303/05)
**in Case C-375/99: Kingdom of Spain v Commission of the**
**European Communities** ( [1] )

_(Language of the case: Spanish)_
_**(EAGGF — Clearance of accounts — Expenditure for 1996**_
_**and 1997 — Public storage of bovine meat)**_

_(Provisional translation; the definitive translation will be published_
(2001/C 303/04) _in the European Court Reports)_

_(Language of the case: Spanish)_
In Case C-417/99: Commission of the European Communities
(Agent: G. Valero Jordana) v Kingdom of Spain (Agent: N. Dı´az
_(Provisional translation; the definitive translation will be published_ Abad) — application for a declaration that, by failing to
_in the European Court Reports)_ designate the competent authorities and bodies referred to in
the first paragraph of Article 3 of Council Directive 96/62/EC
of 27 September 1996 on ambient air quality assessment and
In Case C-375/99: Kingdom of Spain (Agent: M. Lo´pez-Monı´s
management (OJ 1996 L 296, p. 55), the Kingdom of Spain
Gallego) v Commission of the European Communities (Agent:
has failed to fulfil one of its obligations under that directive —
J. Guerra Ferna´ndez) — application for the partial annulment
the Court (Fifth Chamber), composed of: A. La Pergola,
of Commission Decision 1999/603/EC of 28 July 1999
President of the Chamber, D.A.O. Edward (Rapporteur),
excluding from Community financing certain expenditure
P. Jann, L. Sevo´n and C.W.A. Timmermans, Judges; P. Léger,
incurred by the Member States under the Guarantee Section of
Advocate General; R. Grass, Registrar, has given a judgment
the European Agricultural Guidance and Guarantee Fund
on 13 September 2001, in which it:
(EAGGF) (OJ 1999 L 234, p. 6), in respect of the financial
adjustment imposed of 5 % of certain expenditure declared by
Spain under tariff headings 2111 (technical expenditure),
1. _Declares that, by failing to adopt within the prescribed period_
2112 (financial expenditure) and 2113 (other expenditure),
_the laws, regulations and administrative provisions necessary to_
corresponding to the sector for public storage of bovine meat
_designate the competent authorities and bodies referred to in the_
— the Court (Fifth Chamber), composed of: A. La Pergola,
_first paragraph of Article 3 of Council Directive 96/62/EC of_
President of the Chamber, D.A.O. Edward, P. Jann (Rappor_27 September 1996 on ambient air quality assessment and_
teur), S. von Bahr and C.W.A. Timmermans, Judges; L.A. Geel_management, the Kingdom of Spain has failed to fulfil its_
hoed, Advocate General; R. Grass, Registrar, has given a
_obligations under that directive;_
judgment on 13 September 2001, in which it:

1. _Dismisses the application;_ 2. _Orders the Kingdom of Spain to pay the costs._

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

( [1] ) OJ C 20 of 22.1.2000.
( [1] ) OJ C 366 of 18.12.1999.