CELEX: C2005/006/31
Language: en
Date: 2005-01-08 00:00:00
Title: Judgment of the Court (Fourth Chamber) of 28 October 2004 in Case C-497/03 Commission of the European Communities v Republic of Austria (Failure to fulfil obligations — Article 28 EC — Measures having equivalent effect — Sale of food supplements by mail order — Prohibition)

8.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/17
            
         
      JUDGMENT OF THE COURT
   
   (Fourth Chamber)
   of 28 October 2004
   in Case C-497/03 Commission of the European Communities v Republic of Austria (1)
   
   (Failure to fulfil obligations - Article 28 EC - Measures having equivalent effect - Sale of food supplements by mail order - Prohibition)
   (2005/C 6/31)
   Language of the case: German
   In Case C-497/03 Commission of the European Communities (Agents: J.C. Schieferer and B. Schima) v Republic of Austria (Agent: E. Riedl) — action under Article 226 EC for failure to fulfil obligations, brought on 24 November 2003 — the Court (Fourth Chamber), composed of: K. Lenaerts, President of the Chamber, J.N. Cunha Rodrigues and M. Ilešič (Rapporteur), Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar, gave a judgment on 28 October 2004, in which it:
   
               1.
            
            
               Declares that, by prohibiting under Paragraph 50(2) of the Gewerbeordnung the sale of food supplements by mail order, the Republic of Austria has failed to fulfil its obligations under Article 28 EC;
            
         
               2.
            
            
               Orders the Republic of Austria to pay the costs.
            
         
      (1)  OJ C 21 of 24.1.2004.