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Case C-404/05: Judgment of the Court (First Chamber) of 29 November 2007 — Commission of the European Communities v Federal Republic of Germany (Regulation (EEC) No 2092/91 — Organic production of agricultural products — Private inspection bodies — Requirement of an establishment or permanent infrastructure in the Member State where the services are provided — Justifications — Connection with the exercise of official authority — Article 55 EC — Consumer protection)
ECLI:EU:UNKNOWN:62005CA0404
62005CA0404
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Official Journal of the European Union
26.1.2008
(Case C-404/05)(Regulation (EEC) No 2092/91 - Organic production of agricultural products - Private inspection bodies - Requirement of an establishment or permanent infrastructure in the Member State where the services are provided - Justifications - Connection with the exercise of official authority - Article 55 EC - Consumer protection)
(2008/C 22/06)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: E. Traversa and G. Braun, Agents)
Defendant: Federal Republic of Germany (represented by: M. Lumma and C.Schulze-Bahr, Agents)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Freedom to provide services — Requirement for inspection bodies in the field of organic production of agricultural products which are approved in another Member State to have a place of business or permanent infrastructure in Germany
Operative part of the judgment
The Court:
1.Declares that, by requiring of private inspection bodies of organically-farmed products approved in another Member State that they maintain an establishment in Germany in order to be able to provide inspection services there, the Federal Republic of Germany has failed to fulfil its obligations under Article 49 EC;
2.Orders the Federal Republic of Germany to pay the costs.
* * *
(1) OJ C 10 of 14.1.2006
ECLI:EU:C:2008:1