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26.4.

2003 EN Official Journal of the European Union C 101/9

JUDGMENT OF THE COURT 2. Orders the Grand Duchy of Luxembourg to pay the costs.

(Fourth Chamber) (1 ) OJ C 84 of 6.4.2002.

of 6 March 2003

in Case C-478/01: Commission of the European Communi-


ties v Grand Duchy of Luxembourg ( 1)
JUDGMENT OF THE COURT

(Failure by a Member State to fulfil its obligations —


Freedom to supply services — Patent agents — Choice of (Fifth Chamber)
domicile with an approved agent — Article 10 EC —
Member States’ duty of cooperation)
of 6 March 2003

(2003/C 101/15) in Case C-485/01 (Reference for a preliminary ruling from


the Tribunal civile e penale di Trento): Francesca Caprini
v Conservatore Camera di Commercio, Industria, Artigi-
(Language of the case: French) anato e Agricoltura (CCIAA) (1)

(Directive 86/653/EEC — Self-employed commercial agents


(Provisional translation; the definitive translation will be published — National legislation requiring enrolment of a commercial
in the European Court Reports) agent in a register provided for that purpose as a prior
condition of registration in the register of undertakings)

(2003/C 101/16)
In Case C-478/01, Commission of the European Communities
(Agent: M. Patakia) v Grand Duchy of Luxembourg (Agent: (Language of the case: Italian)
J. Faltz): Application for a declaration that, by maintaining the
obligation for patent agents, when supplying services, either
to be domiciled in Luxembourg or, failing such domicile, to (Provisional translation; the definitive translation will be published
opt for domicile with an approved agent, and by failing to in the European Court Reports)
supply information concerning the precise conditions for the
application of Article 85(2) of the Law of 20 July 1992
amending the rules on patents (Mémorial A 1992, p. 1530),
and Articles 19 and 20 of the Law of 28 December 1998
In Case C-485/01: Reference to the Court under Article 234 EC
governing access to occupations in craft trades, business and by the Tribunale civile e penale di Trento (Italy) for a
industry, and to certain liberal professions (Mémorial A 1998,
preliminary ruling in the proceedings pending before that
p. 1494), the Grand Duchy of Luxembourg has failed to fulfil
court between Francesca Caprini and Conservatore Camera di
its obligations under Article 49 EC et seq. and Article 10
Commercio, Industria, Artigianato e Agricoltura (CCIAA),
EC respectively, the Court (Fourth Chamber), composed of:
on the interpretation of Council Directive 86/653/EEC of
C.W.A. Timmermans, President of the Chamber, 18 December 1986 on the coordination of the laws of the
D.A.O. Edward and A. La Pergola (Rapporteur), Judges;
Member States relating to self-employed commercial agents
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
(OJ 1986 L 382, p. 17), the Court (Fifth Chamber), composed
judgment on 6 March 2003, in which it:
of: M. Wathelet, President of the Chamber, D.A.O. Edward,
A. La Pergola, P. Jann (Rapporteur) and S. von Bahr, Judges;
F.G. Jacobs, Advocate General; R. Grass, Registrar, has given a
1. Declares that, having regard to the requirement that patent judgment on 6 March 2003, in which it has ruled:
agents, when supplying services, should elect domicile with an
approved agent, and having regard to the fact that the
Luxembourg Government has not provided information con- On a proper reading, Council Directive 86/653/EEC of 18 December
cerning the precise conditions for the application of 1986 on the coordination of the laws of the Member States relating
Article 85(2) of the Law of 20 July 1992 amending the rules to self-employed commercial agents does not preclude national
on patents and Articles 19 and 20 of the Law of 28 December legislation from making registration of a commercial agent in the
1998 governing access to occupations in craft trades, business register of undertakings subject to that agent’s enrolment in a register
and industry, and to certain liberal professions, the Grand provided for that purpose, on condition that non-registration in the
Duchy of Luxembourg has failed to fulfil its obligations under register of undertakings does not affect the validity of an agency
Article 49 EC and Article 10 EC. contract which that agent has concluded with his principal or that