CELEX: C1998/299/15
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 16 July 1998 in Case C-298/96 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main): Oelmühle Hamburg AG, Jb. Schmidt Söhne GmbH & Co. KG v. Bundesanstalt für Landwirtschaft und Ernährung (Unduly paid Community subsidy - Recovery - Application of national law - Conditions and limits)

26.9.98               EN                  Official Journal of the European Communities                                      C 299/9
Ð compliance with that requirement must be proved                    That presupposes, however:
     within the time limits laid down in Article 28 of that
     Regulation, failing which the whole of the security
     becomes forfeit pursuant to Article 22(1) and (2) of            Ð that the good faith of the recipient has first been
     that Regulation.                                                     established, and
(1) OJ C 318, 26.10.1996.
(2) OJ L 205, 3.8.1985, p. 5.                                        Ð that the conditions prescribed are the same as those
(3) OJ L 159, 1.7.1993, p. 112.                                           which apply with respect to the recovery of purely
                                                                          national financial benefits.
                                                                     (1) OJ C 318, 26.10.1996.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)
                        of 16 July 1998
                                                                                    JUDGMENT OF THE COURT
in Case C-298/96 (reference for a preliminary ruling from                                    of 16 July 1998
the Verwaltungsgericht Frankfurt am Main): Oelmühle
Hamburg AG, Jb. Schmidt Söhne GmbH & Co. KG v.                       in Case C-355/96 (reference for a preliminary ruling from
     Bundesanstalt für Landwirtschaft und Ernährung (1)              the Oberster Gerichtshof): Silhouette International
                                                                                Schmied GmbH & Co. KG v. Hartlauer
(Unduly paid Community subsidy Ð Recovery Ð                                            Handelsgesellschaft mbH (1)
    Application of national law Ð Conditions and limits)
                                                                     (Directive 89/104/EEC Ð Exhaustion of trade mark Ð
                         (98/C 299/15)
                                                                     Goods put on the market in the Community or in a non-
                                                                                            member country)
               (Language of the case: German)                                                 (98/C 299/16)
  (Provisional translation; the definitive translation will be                       (Language of the case: German)
          published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-198/96: reference to the Court under Article 177
of the EC Treaty from the Verwaltungsgericht Frankfurt                         published in the European Court Reports)
am Main for a preliminary ruling in the proceedings
pending before that court between Oelmühle Hamburg
AG, Jb. Schmidt Söhne GmbH & Co. KG and                              In Case 355/96: reference to the Court under Article 177
Bundesanstalt für Landwirtschaft und Ernährung, on the               of the EC Treaty from the Oberster Gerichtshof for a
principles of Community law applicable to measures taken             preliminary ruling in the proceedings pending before that
by national authorities for the recovery of an unduly paid           court between Silhouette International Schmied GmbH &
Community subsidy Ð the Court (Fifth Chamber),                       Co. KG and Hartlauer Handelsgesellschaft mbH, on the
composed of: C. Gulmann, President of Chamber, M.                    interpretation of first Council Directive 89/104/EEC of
Wathelet, D. A. O. Edward, P. Jann (Rapporteur) and L.               21 December 1988 to approximate the laws of the
Sevón, Judges; P. LeÂger, Advocate General; H. von                   Member States relating to trade marks (2) as amended by
Holstein, Deputy Registrar, has given a judgment on                  the Agreement on the European Economic Area of 2 May
16 July 1998, in which it has ruled:                                 1992 (3) Ð the Court, composed of: G. C. Rodríguez
                                                                     Iglesias, President, C. Gulmann (Rapporteur), M. Wathelet
                                                                     and R. Schintgen, Presidents of Chambers, G. F. Mancini,
Community law does not in principle preclude national                L. Sevón and K. M. Ioannou, Judges; F. G. Jacobs,
legislation from allowing recovery of unduly paid                    Advocate General; H. von Holstein, Deputy Registrar, has
Community subsidies to be barred, on the basis of criteria           given a judgment on 16 July 1998, in which it has ruled:
such as loss of the enrichment, where:
                                                                     1. national rules providing for exhaustion of trade-mark
Ð the recipient of the subsidy had already, at the time                   rights in respect of products put on the market outside
     when it was granted, passed on the pecuniary                         the EEA under that mark by the proprietor or with its
     advantage resulting from it by paying the producer the               consent are contrary to Article 7(1) of first Council
     target price prescribed by Community law, and                        Directive 89/104/EEC of 21 December 1988 to
                                                                          approximate the laws of the Member States relating to
                                                                          trade marks, as amended by the Agreement on the
Ð any right or recourse against his suppliers is worthless.               European Economic Area of 2 May 1992;