CELEX: C2004/047/10
Language: en
Date: 2004-02-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-500/01: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Market for telecommunications services — Tariff rebalancing — Access to the local loop — Directive 90/388/EEC — Article 4(c))

C 47/6                   EN                          Official Journal of the European Union                                               21.2.2004
            prohibition on the sale by mail order of medicinal products      Heerlen, on the interpretation of Articles 48 and 52 of the EEC
            which are not subject to prescription in the Member State        Treaty (subsequently Articles 48 and 52 of the EC Treaty, now,
            concerned.                                                       after amendment, Articles 39 EC and 43 EC), Article 67 of the
                                                                             EEC Treaty (subsequently Article 67 of the EC Treaty, repealed
      (c)   Questions 1(a) and 1(b) do not need to be assessed               by the Treaty of Amsterdam), Articles 6 and 8a of the EC
            differently where medicinal products are imported into a         Treaty (now, after amendment, Articles 12 EC and 18 EC) and
            Member State in which they are authorised, having been           the provisions of Council Directive 90/364/EEC of 28 June
            previously obtained by a pharmacy in another Member              1990 on the right of residence (OJ 1990 L 180, p. 26) and
            State from a wholesaler in the importing Member State.           Council Directive 88/361/EEC of 24 June 1988 for the
                                                                             implementation of Article 67 of the Treaty (OJ 1988 L 178,
2.    Article 88(1) of Directive 2001/83/EC of the European                  p. 5), the Court (Fifth Chamber), composed of: P. Jann,
      Parliament and of the Council of 6 November 2001 on the                acting as the President of the Fifth Chamber, D.A.O. Edward
      Community code relating to medicinal products for human use            (Rapporteur) and A. La Pergola, Judges; J. Mischo, Advocate
      precludes a national prohibition on advertising the sale by mail       General; H.A. Rühl, Principal Administrator, for the Registrar,
      order of medicinal products which may be supplied only in              has given a judgment on 11 December 2003, in which it has
      pharmacies in the Member State concerned, such as the                  ruled:
      prohibition laid down in Paragraph 8(1) of the Heilmittelwer-
      begesetz (Law on the advertising of medicinal products), in so
      far as the prohibition covers medicinal products which are not         Community law precludes national legislation concerning the assess-
      subject to prescription.                                               ment of tax due on the inheritance of immovable property situated in
                                                                             the Member State concerned according to which, in order to assess
                                                                             the property’s value, the fact that the person holding legal title was
(1) OJ C 348 of 8.12.2001.                                                   under an unconditional obligation to transfer it to another person
                                                                             who has financial ownership of that property may be taken into
                                                                             account if, at the time of his death, the former resided in that Member
                                                                             State, but may not be taken into account if he resided in another
                                                                             Member State.
                  JUDGMENT OF THE COURT
                                                                             (1) OJ C 331 of 24.11.2001.
                           (Fifth Chamber)
                       of 11 December 2003
in Case C-364/01 (Reference for a preliminary ruling
from the Gerechtshof te ’s-Hertogenbosch): The heirs of
H. Barbier v Inspecteur van de Belastingdienst Particulier-                                    JUDGMENT OF THE COURT
        en/Ondernemingen buitenland te Heerlen (1)
                                                                                                         (Fifth Chamber)
(Interpretation of Articles 48 and 52 of the EEC Treaty
(subsequently Articles 48 and 52 of the EC Treaty, now,
                                                                                                       of 7 January 2004
after amendment, Articles 39 EC and 43 EC), Article 67 of
the EEC Treaty (subsequently Article 67 of the EC Treaty,
repealed by the Treaty of Amsterdam), Articles 6 and 8a of                   in Case C-500/01: Commission of the European Communi-
the EC Treaty (now, after amendment, Articles 12 EC and                                           ties v Kingdom of Spain (1)
18 EC) — Directives 88/361/EEC and 90/364/EEC —
Inheritance tax — Requirement of cross-border economic
                                                                             (Failure of a Member State to fulfil its obligations — Market
activity — Prohibition of discrimination on the basis of
                                                                             for telecommunications services — Tariff rebalancing —
                    Member State of residence)
                                                                             Access to the local loop — Directive 90/388/EEC —
                                                                                                            Article 4(c))
                            (2004/C 47/09)
                     (Language of the case: Dutch)                                                        (2004/C 47/10)
(Provisional translation; the definitive translation will be published                            (Language of the case: Spanish)
                    in the European Court Reports)
                                                                             (Provisional translation; the definitive translation will be published
                                                                                                  in the European Court Reports)
In Case C-364/01: Reference to the Court under Article 234
EC by the Gerechtshof te ’s-Hertogenbosch (Netherlands) for a
preliminary ruling in the proceedings pending before that
court between the heirs of H. Barbier and Inspecteur van                     In Case C-500/01, Commission of the European Communities
de Belastingdienst Particulieren/Ondernemingen buitenland te                 (Agent: S. Rating) v Kingdom of Spain (Agent: S. Ortiz
 ---pagebreak--- 21.2.2004               EN                           Official Journal of the European Union                                                   C 47/7
Vaamonde): Application for a declaration that, by failing to                 by failing to adopt the laws, regulations and administrative
adopt the laws, regulations and administrative provisions                    provisions necessary to comply with Directive 98/84/EC of
necessary to comply with Article 4(c) of Commission Directive                the European Parliament and of the Council of 20 November
90/388/EEC of 28 June 1990 on competition in the markets                     1998 on the legal protection of services based on, or consisting
for telecommunications services (OJ 1990 L 192, p. 10) as                    of, conditional access (OJ 1998 L 320, p. 54), or, at the very
amended by Commission Directive 96/19/EC of 13 March                         least, by failing to notify the Commission of the adoption of
1996 (OJ 1996 L 74, p. 13), the Kingdom of Spain has failed                  those measures, the Kingdom of Spain has failed to fulfil its
to fulfil its obligations under those directives and the EC                  obligations under that directive, the Court (Fifth Chamber),
Treaty, the Court (Fifth Chamber), composed of: P. Jann, acting              composed of: P. Jann, acting for the President of the Fifth
for the President of the Fifth Chamber, D.A.O. Edward                        Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr,
(Rapporteur) and A. La Pergola, Judges; P. Léger, Advocate                   Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
General; R. Grass, Registrar, has given a judgment on 7 January              has given a judgment on 7 January 2004, in which it:
2004, in which it:
                                                                             1.    Declares that, by failing to adopt the laws, regulations and
1.    Declares that, by failing to adopt the laws, regulations and                 administrative provisions necessary to comply with Directive
      administrative provisions necessary to comply with Article 4(c)              98/84/EC of the European Parliament and of the Council of
      of Commission Directive 90/388/EEC of 28 June 1990 on                        20 November 1998 on the legal protection of services based
      competition in the markets for telecommunications services, as               on, or consisting of, conditional access, the Kingdom of Spain
      amended by Commission Directive 96/19/EC of 13 March                         has failed to fulfil its obligations under that Directive;
      1996, the Kingdom of Spain has failed to fulfil its obligations
      under that directive;                                                  2.    Orders the Kingdom of Spain to pay the costs.
2.    Orders the Kingdom of Spain to pay the costs.
                                                                             (1) OJ C 109 of 4.5.2002.
(1) OJ C 56 of 2.3.2002.
                                                                                               JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                                   (Fifth Chamber)
                          (Fifth Chamber)                                                               of 7 January 2004
                         of 7 January 2004                                   in Case C-60/02 (Reference for a preliminary ruling from
                                                                                            the Landesgericht Eisenstadt): X (1)
in Case C-58/02: Commission of the European Communi-
                   ties v Kingdom of Spain (1)                               (Counterfeit and pirated goods — No criminal penalty for
                                                                             the transit of counterfeit goods — Compatibility with
                                                                                                Regulation (EC) No 3295/94)
(Failure of a Member State to fulfil obligations — Directive
98/84/EC — Information society — Radio broadcasting —
Services based on conditional access — Services consisting                                                (2004/C 47/12)
of conditional access — Protected services — Legal protection
            — Devices giving unauthorised access)                                                (Language of the case: German)
                            (2004/C 47/11)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                   (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published       In Case C-60/02: Reference to the Court under Article 234 EC
                   in the European Court Reports)                            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
In Case C-58/02, Commission of the European Communities                      entry into the Community and the export and re-export
(Agents: G. Valero Jordana and M. Shotter v Kingdom of Spain                 from the Community of goods infringing certain intellectual
(Agent: S. Ortiz Vaamonde): Application for a declaration that,              property rights (OJ 1994 L 341, p. 8), as amended by Council