CELEX: C2003/019/15
Language: en
Date: 2003-01-25 00:00:00
Title: Judgment of the Court (Third Chamber) of 28 November 2002 in Case C-392/01: Commission of the European Communities v Kingdom of Spain (Failure by a Member State to fulfil its obligations — Directive 97/55/EC — Comparative advertising — Failure to implement within the prescribed period)

C 19/8                   EN                         Official Journal of the European Communities                                          25.1.2003
                   JUDGMENT OF THE COURT                                                          JUDGMENT OF THE COURT
                        of 10 December 2002                                                                (Third Chamber)
                                                                                                        of 28 November 2002
in Case C-362/01: Commission of the European Communi-
                            ties v Ireland ( 1)
                                                                               in Case C-392/01: Commission of the European Communi-
                                                                                                     ties v Kingdom of Spain (1)
(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/5/EC — Reasoned opinion —
Failure to take into account observations submitted by the                     (Failure by a Member State to fulfil its obligations —
Member State in response to the formal notice — Bearing on                     Directive 97/55/EC — Comparative advertising — Failure
                              admissibility)                                               to implement within the prescribed period)
                            (2003/C 19/14)                                                                  (2003/C 19/15)
                     (Language of the case: English)                                                 (Language of the case: Spanish)
                                                                               (Provisional translation; the definitive translation will be published
                                                                                                     in the European Court Reports)
In Case C-362/01, Commission of the European Communities
(Agent: K. Banks) v Ireland (Agent: D. J. O’Hagan, assisted by
D. McGuinness, SC, and D. R. Phelan, BL): Application for a
declaration that, by failing to adopt the laws, regulations and                In Case C-392/01, Commission of the European Communities
administrative provisions necessary to comply with Directive                   (Agent: I. Martínez del Peral) v Kingdom of Spain (Agent:
98/5/EC of the European Parliament and the Council of                          L. Fraguas Gadea): Application for a declaration that, by failing
16 February 1998 to facilitate practice of the profession of                   to adopt the laws, regulations and administrative provisions
lawyer on a permanent basis in a Member State other than                       necessary to comply with Directive 97/55/EC of the European
that in which the qualification was obtained (OJ 1998 L 77,                    Parliament and of the Council of 6 October 1997 amending
p. 36), or by failing to inform the Commission thereof, Ireland                Directive 84/450/EEC concerning misleading advertising so as
has failed to fulfil its obligations under that directive, the                 to include comparative advertising (OJ 1997 L 290, p. 18), or,
Court, composed of: G.C. Rodríguez Iglesias, President,                        in any event, by failing to inform the Commission of the
J.-P. Puissochet (Rapporteur), M. Wathelet and C.W.A. Timmer-                  adoption of any such measures, the Kingdom of Spain has
mans (Presidents of Chambers), D.A.O. Edward, A. La Pergola,                   failed to fulfil its obligations under that directive, the Court
P. Jann, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha                    (Third Chamber), composed of: J.-P. Puissochet, President
Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advocate General;                   of the Chamber, C. Gulmann and J.N. Cunha Rodrigues
R. Grass, Registrar, has given a judgment on 10 December                       (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
2002, in which it:                                                             R. Grass, Registrar, has given a judgment on 28 November
                                                                               2002, in which it:
1.     Declares that, by failing to adopt within the period prescribed
       the laws, regulations and administrative provisions necessary to        1.    Declares that, by failing to adopt, within the prescribed period,
       comply with Directive 98/5/EC of the European Parliament                      the laws, regulations and administrative provisions necessary to
       and the Council of 16 February 1998 to facilitate practice of                 comply with Directive 97/55/EC of the European Parliament
       the profession of lawyer on a permanent basis in a Member                     and of the Council of 6 October 1997 amending Directive 84/
       State other than that in which the qualification was obtained,                450/EEC concerning misleading advertising so as to include
       Ireland has failed to fulfil its obligations under that directive.            comparative advertising, the Kingdom of Spain has failed to
                                                                                     fulfil its obligations under that directive.
2.     Orders Ireland to pay the costs.
                                                                               2.    Orders the Kingdom of Spain to pay the costs.
( 1) OJ C 317 of 10.11.2001.
                                                                               (1 ) OJ C 331 of 24.11.2001.