CELEX: C1998/299/17
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 16 July 1998 in Case C-285/97: Commission of the European Communities v. Portuguese Republic (Failure of a Member State to fulfil its obligations - Failure to transpose Directive 94/51/EC within the prescribed period)

C 299/10              EN                  Official Journal of the European Communities                                       26.9.98
2. Article 7(1) of Directive 89/104/EEC cannot be                        organisms, the Portuguese Republic has failed to fulfil
     interpreted as meaning that the proprietor of a trade               its obligations under Article 2 of that Directive;
     mark is entitled, on the basis of that provision alone,
     to obtain an order restraining a third party from using
     his trade mark for products which have been put on              2. orders the Portuguese Republic to pay the costs.
     the market outside the European Economic Area
     under that mark by the proprietor or with his consent.          (1) OJ C 295, 27.9.1997.
                                                                     (2) OJ L 297, 18.11.1994, p. 29.
(1) OJ C 388, 21.12.1996.
(2) OJ L 40, 11.12.1989, p. 1.
(3) OJ L 1, 3.1.1994, p. 3.
                                                                     Action brought on 9 July 1998 by the Hellenic Republic
                                                                        against the Commission of the European Communities
                                                                                              (Case C-247/98)
                                                                                               (98/C 299/18)
               JUDGMENT OF THE COURT
                        (Sixth Chamber)
                                                                     An action against the Commission of the European
                         of 16 July 1998                             Communities was brought before the Court of Justice of
in    Case   C-285/97: Commission of the European                    the European Communities on 9 July 1998 by the Hellenic
           Communities v. Portuguese Republic (1)                    Republic, represented by Dimitrios Papageorgopoulos,
                                                                     State Legal Adviser, and Ioannis-Konstantinos Khalkias,
(Failure of a Member State to fulfil its obligations Ð               Member of the State Legal Service, with an address for
Failure to transpose Directive 94/51/EC within the                   service in Luxembourg at the Greek Embassy, 117 Val
                       prescribed period)                            Sainte-Croix.
                          (98/C 299/17)
                                                                     The applicant claims that the Court should:
              (Language of the case: Portuguese)                     Ð hold the application admissible,
                                                                     Ð annul, or otherwise modify, Commission Decision 98/
  (Provisional translation; the definitive translation will be           358/EC of 6 May 1998 on the clearance of the
          published in the European Court Reports)                       accounts presented by the Member States in respect of
                                                                         the expenditure for 1994 of the Guarantee Section of
                                                                         the European Agricultural Guidance and Guarantee
In Case C-285/97: Commission of the European                             Fund (notified under document number C(1998)
Communities (Agent: Francisco de Sousa Fialho) v.                        1124) (1).
Portuguese Republic (Agents: Luís Fernandes and Pedro
Portugal) Ð application for a declaration that, by failing
                                                                     Pleas in law and main arguments adduced in support:
to adopt within the prescribed period the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 94/51/EC of 7 November 1994                     By its contested decision, the Commission, in clearing
adapting to technical progress Council Directive 90/219/             accounts for the 1994 financial year, did not recognise
EEC on the contained use of genetically modified micro-              various items of expenditure amounting to GRD
organisms (2) the Portuguese Republic has failed to fulfil           8 093 595 532 which relate to the beef and veal, fruit and
its obligations under the third paragraph of Article 189 of          vegetable, and wine sectors.
the EC Treaty and Article 2 of Directive 94/51/EC Ð the
Court (Sixth Chamber), composed of: H. Ragnemalm
(Rapporteur), Presidents of Chambers, G. F. Mancini, J. L.           The Hellenic Republic maintains that that decision of the
Murray, G. Hirsch and K. M. Ioannou, Judges; A. La                   Commission should be annulled because it is based on a
Pergola, Advocate General; R. Grass, Registrar, has given            misapprehension of the facts and on an incorrect, or
a judgment on 16 July 1998, in which it:                             otherwise insufficient, statement of reasons. In adopting
                                                                     that decision, the Commission exceeded the limits of its
                                                                     discretion, while, in particular in the compulsory
                                                                     distillation sector, it relied on a non-existent legal basis for
1. declares that, by failing to adopt within the prescribed          imposing the correction.
     period the laws, regulations and administrative
     provisions necessary to comply with Commission
     Directive 94/51/EC of 7 November 1994 adapting to               (1) OJ L 163, 6.6.1998, p. 28.
     technical progress Council Directive 90/219/EEC on
     the contained use of genetically modified micro-