CELEX: C2003/101/15
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 6 March 2003 in Case C-478/01: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Freedom to supply services — Patent agents — Choice of domicile with an approved agent — Article 10 EC — Member States' duty of cooperation)

26.4.2003                EN                          Official Journal of the European Union                                                C 101/9
                  JUDGMENT OF THE COURT                                      2.     Orders the Grand Duchy of Luxembourg to pay the costs.
                         (Fourth Chamber)                                    (1 ) OJ C 84 of 6.4.2002.
                          of 6 March 2003
in Case C-478/01: Commission of the European Communi-
             ties v Grand Duchy of Luxembourg ( 1)
                                                                                               JUDGMENT OF THE COURT
(Failure by a Member State to fulfil its obligations —
Freedom to supply services — Patent agents — Choice of                                                  (Fifth Chamber)
domicile with an approved agent — Article 10 EC —
               Member States’ duty of cooperation)
                                                                                                       of 6 March 2003
                           (2003/C 101/15)                                   in Case C-485/01 (Reference for a preliminary ruling from
                                                                             the Tribunal civile e penale di Trento): Francesca Caprini
                                                                             v Conservatore Camera di Commercio, Industria, Artigi-
                     (Language of the case: French)                                           anato e Agricoltura (CCIAA) (1)
                                                                             (Directive 86/653/EEC — Self-employed commercial agents
(Provisional translation; the definitive translation will be published       — National legislation requiring enrolment of a commercial
                    in the European Court Reports)                           agent in a register provided for that purpose as a prior
                                                                                 condition of registration in the register of undertakings)
                                                                                                        (2003/C 101/16)
In Case C-478/01, Commission of the European Communities
(Agent: M. Patakia) v Grand Duchy of Luxembourg (Agent:                                           (Language of the case: Italian)
J. Faltz): Application for a declaration that, by maintaining the
obligation for patent agents, when supplying services, either
to be domiciled in Luxembourg or, failing such domicile, to                  (Provisional translation; the definitive translation will be published
opt for domicile with an approved agent, and by failing to                                       in the European Court Reports)
supply information concerning the precise conditions for the
application of Article 85(2) of the Law of 20 July 1992
amending the rules on patents (Mémorial A 1992, p. 1530),
and Articles 19 and 20 of the Law of 28 December 1998
                                                                             In Case C-485/01: Reference to the Court under Article 234 EC
governing access to occupations in craft trades, business and                by the Tribunale civile e penale di Trento (Italy) for a
industry, and to certain liberal professions (Mémorial A 1998,
                                                                             preliminary ruling in the proceedings pending before that
p. 1494), the Grand Duchy of Luxembourg has failed to fulfil
                                                                             court between Francesca Caprini and Conservatore Camera di
its obligations under Article 49 EC et seq. and Article 10
                                                                             Commercio, Industria, Artigianato e Agricoltura (CCIAA),
EC respectively, the Court (Fourth Chamber), composed of:
                                                                             on the interpretation of Council Directive 86/653/EEC of
C.W.A. Timmermans, President of the Chamber,                                 18 December 1986 on the coordination of the laws of the
D.A.O. Edward and A. La Pergola (Rapporteur), Judges;
                                                                             Member States relating to self-employed commercial agents
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
                                                                             (OJ 1986 L 382, p. 17), the Court (Fifth Chamber), composed
judgment on 6 March 2003, in which it:
                                                                             of: M. Wathelet, President of the Chamber, D.A.O. Edward,
                                                                             A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;
                                                                             F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
1.     Declares that, having regard to the requirement that patent           judgment on 6 March 2003, in which it has ruled:
       agents, when supplying services, should elect domicile with an
       approved agent, and having regard to the fact that the
       Luxembourg Government has not provided information con-               On a proper reading, Council Directive 86/653/EEC of 18 December
       cerning the precise conditions for the application of                 1986 on the coordination of the laws of the Member States relating
       Article 85(2) of the Law of 20 July 1992 amending the rules           to self-employed commercial agents does not preclude national
       on patents and Articles 19 and 20 of the Law of 28 December           legislation from making registration of a commercial agent in the
       1998 governing access to occupations in craft trades, business        register of undertakings subject to that agent’s enrolment in a register
       and industry, and to certain liberal professions, the Grand           provided for that purpose, on condition that non-registration in the
       Duchy of Luxembourg has failed to fulfil its obligations under        register of undertakings does not affect the validity of an agency
       Article 49 EC and Article 10 EC.                                      contract which that agent has concluded with his principal or that