CELEX: C2000/192/05
Language: en
Date: 2000-07-08 00:00:00
Title: Judgment of the Court (First Chamber) of 6 April 2000 in Case C-383/98 (reference for a preliminary ruling from the Oberster Gerichtshof): The Polo/Lauren Company LP v PT. Dwidua Langgeng Pratama International Freight Forwarders (Common commercial policy — Regulation (EC) No 3295/94 — Prohibition of the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods — Whether applicable to goods in external transit — Validity)

8.7.2000                   EN                     Official Journal of the European Communities                                            C 192/3
1. Declares that, by not adopting within the period prescribed all           1. Article 1 of Council Regulation (EC) No 3295/94 of
     the laws, regulations and administrative measures necessary to              22 December 1994 laying down measures to prohibit the release
     comply with Article 6(3) and (4) of Council Directive                       for free circulation, export, re-export or entry for a suspensive
     92/43/EEC of 21 May 1992 on the conservation of natural                     procedure of counterfeit and pirated goods is to be interpreted as
     habitats and of wild fauna and flora, the French Republic has               being applicable where goods of the type specified in Regulation
     failed to fulfil its obligations under that Directive;                      No 3295/94, imported from a non-member country, are, in the
                                                                                 course of their transit to another non-member country, tempor-
2. Dismisses the remainder of the action;                                        arily detained in a Member State by the customs authorities of
                                                                                 that State on the basis of that regulation and at the request of
3. Orders each of the parties to bear its own costs.                             the company which holds rights in respect of those goods which
                                                                                 it claims have been infringed and whose registered office is in a
                                                                                 non-member country.
(1) OJ C 278 of 5.9.1998.
                                                                             2. Consideration of the questions raised has revealed no factor of
                                                                                 such a kind as to affect the validity of Regulation No 3295/94.
                                                                             (1) OJ C 397 of 19.12.1998.
                   JUDGMENT OF THE COURT
                              (First Chamber)                                                 JUDGMENT OF THE COURT
                              of 6 April 2000                                                          (Sixth Chamber)
                                                                                                       of 13 April 2000
in Case C-383/98 (reference for a preliminary ruling from
the Oberster Gerichtshof): The Polo/Lauren Company LP                        in Case C-176/96 (reference for a preliminary ruling from
v PT. Dwidua Langgeng Pratama International Freight                          the Tribunal de Première Instance de Bruxelles): Jyri
                               Forwarders (1)                                Lehtonen and Castors Canada Dry Namur-Braine ASBL v
                                                                             Fédération Royale Belge des Sociétés de Basket-ball ASBL
(Common commercial policy — Regulation (EC) No 3295/94                                                     (FRBSB) (1)
— Prohibition of the release for free circulation, export, re-
export or entry for a suspensive procedure of counterfeit and                (Freedom of movement for workers — Competition rules
pirated goods — Whether applicable to goods in external                      applicable to undertakings — Professional basketball players
                            transit — Validity)                              — Sporting rules on the transfer of players from other
                                                                                                         Member States)
                             (2000/C 192/05)                                                            (2000/C 192/06)
                      (Language of the case: German)                                              (Language of the case: French)
                                                                             (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                      in the European Court Reports)
                                                                             In Case C-176/96: reference to the Court under Article 177 of
In Case C-383/98: reference to the Court under Article 177 of                the EC Treaty (now Article 234 EC) from the Tribunal de
the EC Treaty (now Article 234 EC) from the Oberster                         Première Instance (Court of First Instance), Brussels, for a
Gerichtshof (Supreme Court), Austria, for a preliminary ruling               preliminary ruling in the proceedings pending before that
in the proceedings pending before that court between The                     court between Jyri Lehtonen and Castors Canada Dry Namur-
Polo/Lauren Company LP and PT. Dwidua Langgeng Pratama                       Braine ASBL and Fédération Royale Belge des Sociétés de
International Freight Forwarders — on the interpretation of                  Basket-ball ASBL (FRBSB), intervener: Ligue Belge — Belgische
Council Regulation (EC) No 3295/94 of 22 December 1994                       Liga ASBL — on the interpretation of Articles 6, 48 of the EC
laying down measures to prohibit the release for free circu-                 Treaty (now, after amendment, Articles 12 EC and 39 EC), 85
lation, export, re-export or entry for a suspensive procedure of             and 86 of the EC Treaty (now Articles 81 EC and 82 EC)
counterfeit and pirated goods (OJ 1994 L 341, p. 8) — the                    — the Court (Sixth Chamber), composed of: R. Schintgen,
Court (First Chamber), composed of: L. Sevón, President of the              President of the Second Chamber, acting as President of the
Chamber, P. Jann and M. Wathelet (Rapporteur), Judges;                       Sixth Chamber, G. Hirsch and H. Ragnemalm (Rapporteur),
D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl, Princi-                 Judges; S. Alber, Advocate General; L. Hewlett, Administrator,
pal Administrator, for the Registrar, has given a judgment on                for the Registrar, has given a judgment on 13 April 2000, in
6 April 2000, in which it has ruled:                                         which it has ruled: