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C 86/10 EN Official Journal of the European Communities 27.3.

1999

consequences provided for in Law No 88 of 16 March control of goods originating outside French territory, and
1988 (2)? thus constitute measures which are applicable with
distinction' within the meaning of the Court's case-law.
(1) OJ, English Special Edition 1968(I), p. 176.
Having regard to their nature and purpose, the provisions
(2) Gazzetta Ufficiale della Repubblica Italiana No 69 of at issue do not constitute an appropriate instrument for
23.3.1988, Vol. V, p. 2469. guaranteeing the safety of purchasers of spare parts for
motor vehicles; moreover, the French authorities have
produced no evidence showing that the goods withheld
did in fact involve a risk to the safety and life of
individuals. In any event, Article 36 of the Treaty cannot
be relied on by a Member State with a view to protecting
interests located on the territory of another Member State.
Action brought on 2 February 1999 by the Commission of
the European Communities against the French Republic
(Case C-23/99) The exclusive right conferred on the proprietor of rights in
a design encompasses the manufacture and marketing of
(1999/C 86/19) the goods in question on the national territory, and,
having regard to the principle of the territoriality of
industrial property rights, it cannot have the effect of
An action against the French Republic was brought before protecting those rights on markets other than the national
the Court of Justice of the European Communities on market. The mere transit through French territory of
2 February 1999 by the Commission of the European goods which have not been manufactured there and which
Communities, represented by Richard Wainwright, are not intended to be marketed there does not in itself
Principal Legal Adviser, and Olivier Couvert-CasteÂra, a constitute an infringement of the exclusive right,
national civil servant on secondment to its Legal Service, recognised under French law, held by the proprietor of the
acting as Agents, with an address for service in rights in a design.
Luxembourg at the Office of Carlos Gómez de la Cruz,
Wagner Centre, Kirchberg.

The Commission of the European Communities claims


that the Court should:

Action brought on 1 February 1999 by the Commission of


Ð declare that, by implementing, pursuant to the Code the European Communities against the Federal Republic
de la ProprieÂte Intellectuelle (Intellectual Property of Germany
Code), procedures for the retention by the customs (Case C-24/99)
authorities of goods legally manufactured in a
Member State of the European Community which are (1999/C 86/20)
intended, following their transit through French
territory, to be placed on the market in another
Member State where they may be legally marketed,
the French Republic has failed to fulfil its obligations An action against the Federal Republic of Germany was
under Article 30 of the EC Treaty; brought before the Court of Justice of the European
Communities on 1 February 1999 by the Commission of
the European Communities, represented by Götz zur
Ð order the French Republic to pay the costs. Hausen, Legal Adviser, of its Legal Service, with an
address for service in Luxembourg at the Office of Carlos
Gómez de la Cruz, of its Legal Service, Wagner Centre
Pleas in law and main arguments adduced in support: C 254, Kirchberg.

Infringement of Articles 30 to 36 of the EC Treaty: the


legality, under Community law, of the retention by the The applicant claims that the Court should:
customs authorities in France of spare parts for motor
vehicles which have been manufactured in Spain and are
intended for the Italian market must be assessed solely by 1. Declare that, by providing, in Paragraph 3 of and
reference to the provisions of Articles 30 to 36 of the point 8 in the Annex to the Gesetz über die Umwelt-
Treaty, concerning the free movement of goods, since there verträglichkeitsprüfung (Law on the assessment of
has not yet been any harmonisation at Community level of effects on the environment) of 12 February 1990, in
the conditions and detailed rules governing the protection Paragraph 17 of the Fernstrassengesetz (Law on trunk
of designs for such parts. The French legislative provisions roads) of 14 April 1994 and in Paragraph 8 of the
at issue in the present case concern the conferment on the Luftverkehrsgesetz (Law on air traffic) of 17 December,
French customs authorities of a power which they may that projects are in certain circumstances to be exempt
exercise in the context of the controls carried out by them. from the obligation to carry out assessments of their
Those provisions specifically relate, therefore, to the effects on the environment, the Federal Republic of