«(Failure of a Member State to fulfil obligations – Article 49 EC – Freedom to provide services – Patent agents – Choice of domicile with an approved agent – Article 10 EC – Member States' duty of cooperation)»

1.. Freedom to provide services – Restrictions – Patent agents – Requirement to elect domicile with an approved agent – Not permissible (Art. 49 EC)

2.. Community law – Principles – Legal certainty and protection of individuals – National legislation in a field governed by Community law – Need for unequivocal wording

3.. Member States – Obligations – Supervisory role of the Commission – Duty of the Member States – Cooperation in investigations into alleged infringements by Member States (Arts 10 EC and 226 EC)

JUDGMENT OF THE COURT (Fourth Chamber) 6 March 2003 (1)

((Failure by a Member State to fulfil its obligations – Freedom to supply services – Patent agents – Choice of domicile with an approved agent – Article 10 EC – Member States' duty of cooperation))

In Case C-478/01,

applicant,

v

defendant,

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 opt for domicile with an approved agent, and by failing to 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 (

THE COURT (Fourth Chamber),,

composed of: C.W.A. Timmermans, President of the Chamber, D.A.O. Edward and A. La Pergola (Rapporteur), Judges,

Advocate General: F.G. Jacobs,

having regard to the report of the Judge-Rapporteur,

after hearing the Opinion of the Advocate General at the sitting on 14 November 2002,

gives the following

The relevant Community provisions

The relevant national provisions

...

On those grounds,

THE COURT (Fourth Chamber),

hereby:

Timmermans

Edward

La Pergola

Delivered in open court in Luxembourg on 6 March 2003.

R. Grass

C.W.A. Timmermans

Registrar

President of the Fourth Chamber