CELEX: C1997/040/07
Language: en
Date: 1997-02-08 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 5 December 1996 in Case C-91/96 Commission of the European Communities v. Hellenic Republic (Failure to fulfil obligations not contested - Directives 92/118/EEC and 93/52/EEC - Failure to transpose within the prescribed periods)

No C 40/4            1 EN 1                 Official Journal of the European Communities                                       8 . 2 . 97
2 . Articles 30 and 36 of the EC Treaty preclude                        H. Ragnemalm ( Rapporteur ), Judges; D. Ruiz-Jarabo
     application of national legislation which grants the               Colomer, Advocate-General ; R. Grass, Registrar, has given
     holder of a patent for a pharmaceutical product the                a judgment on 5 December 1996 in which it:
     right to oppose importation by a third party of that
     product from another Member State in circumstances
                                                                        I. declares that, by failing to adopt within the prescribed
     where the holder first put the product on the market
                                                                            periods the laws, regulations and administrative
     in that State after its accession to the European
                                                                            provisions necessary to comply with, first, Council
     Community but before the product could be protected
                                                                            Directive 92/118/EEC of 17 December 1992 laying
     by a patent in that State, unless the holder of the                    down animal health and public health requirements
     patent can prove that he is under a genuine, existing                  governing trade in and imports into the Community of
     legal obligation to market the product in that Member                  products not subject to the said requirements laid
     State.
                                                                            down in specific Community rules referred to in
                                                                            Annex A (1) to Directive 89/662/EEC and, as regards
(') OJ No C 248 , 23 . 9 . 1995 , and                                       pathogens, to Directive 90/425/EEC and, second,
    OJ No C 268 , 14 . 10. 1995 .                                           Council Directive 93/S2/EEC of 24 June 1993
                                                                            amending Directive 89/556/EEC on animal health
                                                                            conditions governing intra-Community trade in and
                                                                            importation from third countries of embryos of
                                                                            domestic animals of the bovine species, the Hellenic
                                                                            Republic has failed to fulfil the obligations imposed on
                                                                            it by Articles 20 (1 ) and 2 (1 ) respectively of those
               JUDGMENT OF THE COURT                                        Directives;
                          ( Sixth Chamber)
                                                                       2 . orders the Hellenic Republic to pay the costs.
                      of 5 December 1996
in    Case    C-91/96 Commission of the European                       (') OJ No C 145 , 18 . 5 . 1996 .
            Communities v. Hellenic Republic ( 1 )
(Failure to fulfil obligations not contested — Directives
92/118/EEC and 93/52/EEC — Failure to transpose
                 within the prescribed periods)
                             ( 97/C 40/07 )                                           JUDGMENT OF THE COURT
                                                                                                 (Fifth Chamber)
                 (Language of the case: Greek)                                              of 12 December 1996
                                                                       in Case C-104/95 (reference for a preliminary ruling from
                                                                       the Polimeles Protodikio, Athens ): Georgios Kontogeorgas
  (Provisional translation; the definitive translation will be                                v. Kartonpak AE (')
          published in the European Court Reports)
                                                                       (Approximation of laws — Self-employed commercial
                                                                       agents — Entitlement to commission — Commercial
In Case C-91/96: Commission of the European                            transactions concluded during the period covered by the
Communities ( Agent: Maria Condou-Durande ) v. Hellenic                                          agency contract)
Republic (Agents : Ioanna Galani-Maragkoudaki and Nana                                             ( 97/C 40/08 )
Dafniou ) — application for a declaration that, by failing
to adopt within the prescribed periods the laws,
regulations and administrative provisions necessary to                                  (Language of the case: Greek)
comply with, first, Council Directive 92/ 118/EEC of
17 December 1992 laying down animal health and public
                                                                         (Provisional translation; the definitive translation will be
health requirements governing trade in and imports into
the Community of products not subject to the said                                published in the European Court Reports)
requirements laid down in specific Community rules
referred to in Annex A ( I ) to Directive 89/662/EEC and, as           In Case C-104/95 : reference to the Court under Article 177
regards pathogens, to Directive 90/425/EEC ( OJ No L 62,               of the EC Treaty by the Polimeles Protodikio, Athens, for
15 . 3 . 1993, p. 49 ) and, second, Council Directive                  a preliminary ruling in the proceedings pending before
93/52/EEC of 24 June 1993 amending Directive                           that court between Georgios Kontogeorgas and Kartonpak
89/556/EEC on animal health conditions governing intra­                AE on the interpretation of Article 7 (2 ) of Council
Community trade in and importation from third countries                Directive   86/653/EEC of 18          December   1986 on the
of embryos of domestic animals of the bovine species ( OJ              coordination of the laws of the Member States relating to
No L 175 , 19 . 7. 1993 , p. 21 ), the Hellenic Republic has           self-employed commercial agents ( OJ No L 382 , 31 . 12 .
failed to fulfil the obligations imposed on it by the Treaty           1986 , p. 17 ) — the Court ( Fifth Chamber ), composed of:
and by those Directives — the Court ( Sixth Chamber),                  D. A. O. Edward, acting for the President of the Chamber,
composed of G. F. Mancini, President of the Chamber,                   C. Gulmann, J. -P. Puissochet, P. Jann ( Rapporteur ) and M.
J. L. Murray, C. N. Kakouris, P. J. G. Kapteyn and                     Wathelet, Judges; G. Cosmas, Advocate-General; H. A.