CELEX: C2004/047/11
Language: en
Date: 2004-02-21 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 7 January 2004 in Case C-58/02: Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 98/84/EC — Information society — Radio broadcasting — Services based on conditional access — Services consisting of conditional access — Protected services — Legal protection — Devices giving unauthorised access)

21.2.2004               EN                           Official Journal of the European Union                                                   C 47/7
Vaamonde): Application for a declaration that, by failing to                 by failing to adopt the laws, regulations and administrative
adopt the laws, regulations and administrative provisions                    provisions necessary to comply with Directive 98/84/EC of
necessary to comply with Article 4(c) of Commission Directive                the European Parliament and of the Council of 20 November
90/388/EEC of 28 June 1990 on competition in the markets                     1998 on the legal protection of services based on, or consisting
for telecommunications services (OJ 1990 L 192, p. 10) as                    of, conditional access (OJ 1998 L 320, p. 54), or, at the very
amended by Commission Directive 96/19/EC of 13 March                         least, by failing to notify the Commission of the adoption of
1996 (OJ 1996 L 74, p. 13), the Kingdom of Spain has failed                  those measures, the Kingdom of Spain has failed to fulfil its
to fulfil its obligations under those directives and the EC                  obligations under that directive, the Court (Fifth Chamber),
Treaty, the Court (Fifth Chamber), composed of: P. Jann, acting              composed of: P. Jann, acting for the President of the Fifth
for the President of the Fifth Chamber, D.A.O. Edward                        Chamber, D.A.O. Edward (Rapporteur) and S. von Bahr,
(Rapporteur) and A. La Pergola, Judges; P. Léger, Advocate                   Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
General; R. Grass, Registrar, has given a judgment on 7 January              has given a judgment on 7 January 2004, in which it:
2004, in which it:
                                                                             1.    Declares that, by failing to adopt the laws, regulations and
1.    Declares that, by failing to adopt the laws, regulations and                 administrative provisions necessary to comply with Directive
      administrative provisions necessary to comply with Article 4(c)              98/84/EC of the European Parliament and of the Council of
      of Commission Directive 90/388/EEC of 28 June 1990 on                        20 November 1998 on the legal protection of services based
      competition in the markets for telecommunications services, as               on, or consisting of, conditional access, the Kingdom of Spain
      amended by Commission Directive 96/19/EC of 13 March                         has failed to fulfil its obligations under that Directive;
      1996, the Kingdom of Spain has failed to fulfil its obligations
      under that directive;                                                  2.    Orders the Kingdom of Spain to pay the costs.
2.    Orders the Kingdom of Spain to pay the costs.
                                                                             (1) OJ C 109 of 4.5.2002.
(1) OJ C 56 of 2.3.2002.
                                                                                               JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT                                                                   (Fifth Chamber)
                          (Fifth Chamber)                                                               of 7 January 2004
                         of 7 January 2004                                   in Case C-60/02 (Reference for a preliminary ruling from
                                                                                            the Landesgericht Eisenstadt): X (1)
in Case C-58/02: Commission of the European Communi-
                   ties v Kingdom of Spain (1)                               (Counterfeit and pirated goods — No criminal penalty for
                                                                             the transit of counterfeit goods — Compatibility with
                                                                                                Regulation (EC) No 3295/94)
(Failure of a Member State to fulfil obligations — Directive
98/84/EC — Information society — Radio broadcasting —
Services based on conditional access — Services consisting                                                (2004/C 47/12)
of conditional access — Protected services — Legal protection
            — Devices giving unauthorised access)                                                (Language of the case: German)
                            (2004/C 47/11)                                   (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
                   (Language of the case: Spanish)
(Provisional translation; the definitive translation will be published       In Case C-60/02: Reference to the Court under Article 234 EC
                   in the European Court Reports)                            by the Landesgericht Eisenstadt (Austria) for a preliminary
                                                                             ruling in the criminal proceedings before that court against X,
                                                                             on the interpretation of Council Regulation (EC) No 3295/94
                                                                             of 22 December 1994 laying down measures concerning the
In Case C-58/02, Commission of the European Communities                      entry into the Community and the export and re-export
(Agents: G. Valero Jordana and M. Shotter v Kingdom of Spain                 from the Community of goods infringing certain intellectual
(Agent: S. Ortiz Vaamonde): Application for a declaration that,              property rights (OJ 1994 L 341, p. 8), as amended by Council