CELEX: C2003/101/16
Language: en
Date: 2003-04-26 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 6 March 2003 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, Artigianato e Agricoltura (CCIAA) (Directive 86/653/EEC — Self-employed commercial agents — National legislation requiring enrolment of a commercial agent in a register provided for that purpose as a prior condition of registration in the register of undertakings)

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
 ---pagebreak--- C 101/10                 EN                            Official Journal of the European Union                                                26.4.2003
the consequences of such non-registration do not adversely affect in                             JUDGMENT OF THE COURT
any other way the protection which that directive confers on
commercial agents in their relations with their principals.
                                                                                                         (Fourth Chamber)
( 1) OJ C 44 of 16.2.2002.
                                                                                                           of 6 March 2003
                                                                               in Case C-211/02: Commission of the European Communi-
                                                                                           ties v Grand Duchy of Luxembourg ( 1)
                  JUDGMENT OF THE COURT
                                                                               (Failure by a Member State to fulfil obligations — Failure to
                           (Third Chamber)                                     transpose Directive 97/66/EC within the prescribed periods)
                            of 6 March 2003
                                                                                                           (2003/C 101/18)
in Case C-6/02: Commission of the European Communi-
                      ties v French Republic ( 1)
                                                                                                    (Language of the case: French)
(Failure by a Member State to fulfil obligations — Free
movement of goods — Measures having equivalent effect —
          Indication of provenance — Regional labels)                          (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
                            (2003/C 101/17)
                     (Language of the case: French)
                                                                               In Case C-211/02, Commission of the European Communities
(Provisional translation; the definitive translation will be published         (Agent: C. Schmidt) v Grand Duchy of Luxembourg (Agent:
                    in the European Court Reports)                             N. Mackel): Application for a declaration that, by failing to
                                                                               adopt the laws, regulations and administrative provisions
                                                                               necessary to comply with Directive 97/66/EC of the European
                                                                               Parliament and of the Council of 15 December 1997 concern-
In Case C-6/02, Commission of the European Communities                         ing the processing of personal data and the protection of
(Agents: H. van Lier and J. Adda) v French Republic (Agents:                   privacy in the telecommunications sector (OJ 1998 L 24, p. 1),
G. de Bergues and A. Colomb): Application for a declaration                    the Grand Duchy of Luxembourg has failed to fulfil its
that, by maintaining the national legal protection afforded to                 obligations under that directive, the Court (Fourth Chamber),
the name ‘Salaisons d’Auvergne’ and to the regional labels                     composed of: C.W.A. Timmermans, President of the Chamber,
‘Savoie’, ‘Franche-Comté’, ‘Corse’, ‘Midi-Pyrénées’, ‘Normandie’,              D.A.O. Edward (Rapporteur) and A. La Pergola, Judges;
‘Nord-Pas-de-Calais’, ‘Ardennes de France’, ‘Limousin’, ‘Langue-               S. Alber, Advocate General; R. Grass, Registrar, has given a
doc-Roussillon’ and ‘Lorraine’, the French Republic has failed                 judgment on 6 March 2003, in which it:
to fulfil its obligations under Article 28 EC, the Court (Third
Chamber), composed of: J.-P. Puissochet, President of the
Chamber, C. Gulmann (Rapporteur) and F. Macken, Judges;
J. Mischo, Advocate General; R. Grass, Registrar, has given a                  1.    Declares that, by failing, within the prescribed periods, to adopt
judgment on 6 March 2003, in which it:                                               the laws, regulations and administrative provisions necessary to
                                                                                     comply with Directive 97/66/EC of the European Parliament
                                                                                     and of the Council of 15 December 1997 concerning the
1.    Declares that, by maintaining the national legal protection                    processing of personal data and the protection of privacy in the
      afforded to the name ‘Salaisons d’Auvergne’ and to the regional                telecommunications sector, the Grand Duchy of Luxembourg
      labels ‘Savoie’, ‘Franche-Comté’, ‘Corse’, ‘Midi-Pyrénées’, ‘Nor-              has failed to fulfil its obligations under that directive;
      mandie’, ‘Nord-Pas-de-Calais’, ‘Ardennes de France’, ‘Limou-
      sin’, ‘Languedoc-Roussillon’ and ‘Lorraine’, the French Republic
      has failed to fulfil its obligations under Article 28 EC;                2.    Orders the Grand Duchy of Luxembourg to pay the costs.
2.    Orders the French Republic to pay the costs.
                                                                               (1 ) OJ C 180 of 27.7.2002.
( 1) OJ C 56 of 2.3.2002.