You are on page 1of 2

26.9.

98 EN Official Journal of the European Communities C 299/9

Ð compliance with that requirement must be proved That presupposes, however:


within the time limits laid down in Article 28 of that
Regulation, failing which the whole of the security
becomes forfeit pursuant to Article 22(1) and (2) of Ð that the good faith of the recipient has first been
that Regulation. established, and

(1) OJ C 318, 26.10.1996.


(2) OJ L 205, 3.8.1985, p. 5. Ð that the conditions prescribed are the same as those
(3) OJ L 159, 1.7.1993, p. 112. which apply with respect to the recovery of purely
national financial benefits.

(1) OJ C 318, 26.10.1996.

JUDGMENT OF THE COURT


(Fifth Chamber)
of 16 July 1998
JUDGMENT OF THE COURT
in Case C-298/96 (reference for a preliminary ruling from of 16 July 1998
the Verwaltungsgericht Frankfurt am Main): Oelmühle
Hamburg AG, Jb. Schmidt Söhne GmbH & Co. KG v. in Case C-355/96 (reference for a preliminary ruling from
Bundesanstalt für Landwirtschaft und Ernährung (1) the Oberster Gerichtshof): Silhouette International
Schmied GmbH & Co. KG v. Hartlauer
(Unduly paid Community subsidy Ð Recovery Ð Handelsgesellschaft mbH (1)
Application of national law Ð Conditions and limits)
(Directive 89/104/EEC Ð Exhaustion of trade mark Ð
(98/C 299/15)
Goods put on the market in the Community or in a non-
member country)
(Language of the case: German) (98/C 299/16)

(Provisional translation; the definitive translation will be (Language of the case: German)
published in the European Court Reports)

(Provisional translation; the definitive translation will be


In Case C-198/96: reference to the Court under Article 177
of the EC Treaty from the Verwaltungsgericht Frankfurt published in the European Court Reports)
am Main for a preliminary ruling in the proceedings
pending before that court between Oelmühle Hamburg
AG, Jb. Schmidt Söhne GmbH & Co. KG and In Case 355/96: reference to the Court under Article 177
Bundesanstalt für Landwirtschaft und Ernährung, on the of the EC Treaty from the Oberster Gerichtshof for a
principles of Community law applicable to measures taken preliminary ruling in the proceedings pending before that
by national authorities for the recovery of an unduly paid court between Silhouette International Schmied GmbH &
Community subsidy Ð the Court (Fifth Chamber), Co. KG and Hartlauer Handelsgesellschaft mbH, on the
composed of: C. Gulmann, President of Chamber, M. interpretation of first Council Directive 89/104/EEC of
Wathelet, D. A. O. Edward, P. Jann (Rapporteur) and L. 21 December 1988 to approximate the laws of the
Sevón, Judges; P. LeÂger, Advocate General; H. von Member States relating to trade marks (2) as amended by
Holstein, Deputy Registrar, has given a judgment on the Agreement on the European Economic Area of 2 May
16 July 1998, in which it has ruled: 1992 (3) Ð the Court, composed of: G. C. Rodríguez
Iglesias, President, C. Gulmann (Rapporteur), M. Wathelet
and R. Schintgen, Presidents of Chambers, G. F. Mancini,
Community law does not in principle preclude national L. Sevón and K. M. Ioannou, Judges; F. G. Jacobs,
legislation from allowing recovery of unduly paid Advocate General; H. von Holstein, Deputy Registrar, has
Community subsidies to be barred, on the basis of criteria given a judgment on 16 July 1998, in which it has ruled:
such as loss of the enrichment, where:

1. national rules providing for exhaustion of trade-mark


Ð the recipient of the subsidy had already, at the time rights in respect of products put on the market outside
when it was granted, passed on the pecuniary the EEA under that mark by the proprietor or with its
advantage resulting from it by paying the producer the consent are contrary to Article 7(1) of first Council
target price prescribed by Community law, and Directive 89/104/EEC of 21 December 1988 to
approximate the laws of the Member States relating to
trade marks, as amended by the Agreement on the
Ð any right or recourse against his suppliers is worthless. European Economic Area of 2 May 1992;
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-