CELEX: 62005CA0393
Language: en
Date: 2007-11-29 00:00:00
Title: Case C-393/05: Judgment of the Court (First Chamber) of 29 November 2007 — Commission of the European Communities v Republic of Austria (Regulation (EEC) No 2092/91 — Organic production of agricultural products — Private inspection bodies — Requirement of an establishment or permanent infrastructure in the Member State where the services are provided — Justifications — Connection with the exercise of official authority — Article 55 EC — Consumer protection)

26.1.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 22/3
            
         Judgment of the Court (First Chamber) of 29 November 2007 — Commission of the European Communities v Republic of Austria
   (Case C-393/05) (1)
   
   (Regulation (EEC) No 2092/91 - Organic production of agricultural products - Private inspection bodies - Requirement of an establishment or permanent infrastructure in the Member State where the services are provided - Justifications - Connection with the exercise of official authority - Article 55 EC - Consumer protection)
   (2008/C 22/05)
   Language of the case: German
   Parties
   
      Applicant: Commission of the European Communities (represented by: E. Traversa and G. Braun, acting as Agents)
   
      Defendant: Republic of Austria (represented by: C. Pesendorfer, Agent)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Freedom to provide services — Requirement for inspection bodies in the field of organic production of agricultural products which are approved in another Member State to have a place of business or permanent infrastructure in Austria
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by requiring of private inspection bodies of organically-farmed products approved in another Member State that they maintain an establishment in Austria in order to be able to provide inspection services there, the Republic of Austria has failed to fulfil its obligations under Article 49 EC;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 10, 14.1.2006.