CELEX: C2003/112/06
Language: en
Date: 2003-05-10 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 20 March 2003 in Case C-135/01: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directive 98/56/EC — Marketing of propagating material of ornamental plants — Failure to transpose within the prescribed period — Difficulties of interpretation)

C 112/4                    EN                            Official Journal of the European Union                                             10.5.2003
      make-up or structure of such goods, or for goods or services               2.    Orders the Federal Republic of Germany to pay the costs.
      directly connected with the goods previously sold and intended
      to meet the needs of customers of those goods.
                                                                                 (1 ) OJ C 161 of 2.6.2001.
2.    It is for the national court to draw the consequences for the
      resolution of the dispute before it of the interpretation of the
      Community law concept of ‘genuine use’ of the trade mark given
      in the reply to the first question referred for a preliminary ruling.
( 1) OJ C 95 of 24.3.2001.
                                                                                                  JUDGMENT OF THE COURT
                                                                                                         of 11 March 2003
                                                                                 in Case C-186/01 (Reference for a preliminary ruling from
                    JUDGMENT OF THE COURT                                        the Verwaltungsgericht Stuttgart): Alexander Dory v
                                                                                                 Federal Republic of Germany (1)
                            (Sixth Chamber)
                                                                                 (Inapplicability of Community law to compulsory military
                            of 20 March 2003                                     service — Equal treatment of men and women — Article 2
                                                                                 of Directive 76/207/EEC — Compulsory military service in
in Case C-135/01: Commission of the European Communi-                               Germany limited to men only — Directive not applicable)
             ties v Federal Republic of Germany (1)
                                                                                                           (2003/C 112/07)
(Failure of a Member State to fulfil obligations — Directive
98/56/EC — Marketing of propagating material of orna-
                                                                                                    (Language of the case: German)
mental plants — Failure to transpose within the prescribed
             period — Difficulties of interpretation)
                                                                                 (Provisional translation; the definitive translation will be published
                             (2003/C 112/06)                                                        in the European Court Reports)
                     (Language of the case: German)
                                                                                 In Case C-186/01: Reference to the Court under Article 234
(Provisional translation; the definitive translation will be published           EC by the Verwaltungsgericht Stuttgart (Germany) for a
                      in the European Court Reports)                             preliminary ruling in the proceedings pending before that
                                                                                 court between Alexander Dory and Federal Republic of
                                                                                 Germany, on the interpretation of Article 2 of Council
                                                                                 Directive 76/207/EEC of 9 February 1976 on the implemen-
In Case C-135/01, Commission of the European Communities                         tation of the principle of equal treatment for men and women
(Agent: G. Braun) v Federal Republic of Germany (Agents:                         as regards access to employment, vocational training and
W.-D. Plessing and B. Muttelsee-Schön): Application for a                        promotion, and working conditions (OJ 1976 L 39, p. 40),
declaration that, by failing within the prescribed period to                     and, more generally, on the compatibility with Community
adopt all the laws, regulations and administrative measures                      law of the limitation of compulsory military service in
necessary in order to transpose into national law Council                        Germany to men, the Court, composed of: G.C. Rodríguez
Directive 98/56/EC of 20 July 1998 on the marketing of                           Iglesias, President, J.-P. Puissochet (Rapporteur), M. Wathelet,
propagating material of ornamental plants (OJ 1998 L 226,                        R. Schintgen and C.W.A. Timmermans (Presidents of Cham-
p. 16), the Federal Republic of Germany has failed to fulfil its                 bers), C. Gulmann, D.A.O. Edward, P. Jann, V. Skouris,
obligations under the EC Treaty and that directive, the Court                    F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues,
(Sixth Chamber), composed of: J.-P. Puissochet, President of                     Judges; C. Stix-Hackl, Advocate General; H.A. Rühl, Principal
the Chamber, C. Gulmann and V. Skouris (Rapporteur),                             Administrator, for the Registrar, has given a judgment on
F. Macken and J.N. Cunha Rodrigues, Judges; L.A. Geelhoed,                       11 March 2003, in which it has ruled:
Advocate General; R. Grass, Registrar, has given a judgment
on 20 March 2003, in which it has ruled:
                                                                                 Community law does not preclude compulsory military service being
1.    Declares that, by failing within the prescribed period to adopt            reserved to men.
      all the laws, regulations and administrative measures necessary
      to transpose into national law Council Directive 98/56/EC of
                                                                                 (1 ) OJ C 200 of 14.7.2001.
      20 July 1998 on the marketing of propagating material of
      ornamental plants, the Federal Republic of Germany has failed
      to fulfil its obligations under that directive;