ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 183/2

Judgment of the Court (Grand Chamber) of 3 June 2008 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)) — The Queen on the application of International Association of Independent Tanker Owners (Intertanko), International Association of Dry Cargo Shipowners (Intercargo), Greek Shipping Co-operation Committee, Lloyd's Register, International Salvage Union v Secretary of State for Transport

(Case C-308/06) (1)

(Maritime transport - Ship-source pollution - Directive 2005/35/EC - Validity - United Nations Convention on the Law of the Sea - Marpol 73/78 Convention - Legal effects of the Conventions - Ability to rely on them - Serious negligence - Principle of legal certainty)

(2008/C 183/03)

Language of the case: English

Referring court

High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)

Parties to the main proceedings

Applicants: The Queen on the application of International Association of Independent Tanker Owners (Intertanko), International Association of Dry Cargo Shipowners (Intercargo), Greek Shipping Co-operation Committee, Lloyd's Register, International Salvage Union

Defendant: Secretary of State for Transport

Re:

Reference for a preliminary ruling — High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court) — Validity of Articles 4 and 5(1) and (2) of Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ 2005 L 255, p. 11) — Community provisions having the effect of limiting a number of exceptions contained in an international convention (International Convention for the Prevention of Pollution from Ships (MARPOL Convention)) — Provisions imposing criminal penalties in situations in which an international convention (United Nations Convention on the Law of the Sea (UNCLOS)) does not impose any such penalties

Operative part of the judgment

1. The validity of Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements cannot be assessed: — either in the light of the International Convention for the Prevention of Pollution from Ships, signed in London on 2 November 1973, as supplemented by the Protocol of 17 February 1978, — or in the light of the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982.

2. Examination of the fourth question has revealed nothing capable of affecting the validity of Article 4 of Directive 2005/35 in the light of the general principle of legal certainty.

(1) OJ C 261, 28.10.2006.
EN Official Journal of the European Union C 301/7

Judgment of the Court (First Chamber) of 18 September 2008 — Armacell Enterprise GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), nmc SA

(Case C-514/06 P) (1)

(Appeal - Community trade mark - Application for the Community word mark ARMAFOAM - Earlier Community trade mark NOMAFOAM - Relative ground for refusal - Similarity of the signs - Existence of a relative ground for refusal in part of the European Community)

(2008/C 301/12)

Language of the case: English

Parties

Appellant: Armacell Enterprise GmbH (represented by: O. Spuhler, Rechtsanwalt)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), nmc SA (represented by: P. Péters and T. de Haan, avocats)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 10 October 2006 in Case T-172/05 Armacell v OHIM whereby the Court dismissed an action by the applicant for the word mark ‘ARMAFOAM’ for goods in Class 20 for annulment of Decision R 552/2004-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 23 February 2005 annulling the decision of the Opposition Division which rejected the opposition brought by the proprietor of the Community word mark ‘NOMAFOAM’ for goods in Classes 11, 19, 20, 27 and 28

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Armacell Enterprise GmbH to pay the costs.

(1) OJ C 56, 10.3.2007.
1.

Declares that, by providing in Articles 8 and 9 of Law No 289 of 27 December 2002 relating to the provisions for drawing up the annual and pluriannual budget of the State (Finance Law for 2003) (legge n. 289, disposizioni per la formazione del bilancio annuale e pluriennale dello Stato (legge finanziaria 2003)) for a general and indiscriminate waiver of verification of taxable transactions effected in a series of tax years, the Italian Republic has failed to fulfil its obligations under Articles 2 and 22 of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, and Article 10 EC.
EN Official Journal of the European Union C 82/2

Judgment of the Court (Grand Chamber) of 10 February 2009 — Ireland v European Parliament, Council of the European Union

(Case C-301/06) (1)

(Action for annulment - Directive 2006/24/EC - Retention of data generated or processed in connection with the provision of electronic communications services - Choice of legal basis)

(2009/C 82/03)

Language of the case: English

Parties

Applicant: Ireland (represented by: D. O'Hagan, acting as Agent, E. Fitzsimons, D. Barniville and A. Collins SC)

Intervener in support of the applicant: Slovak Republic (represented by: J. Čorba, acting as Agent)

Defendants: European Parliament (represented by: H. Duintjer Tebbens, M. Dean and A. Auersperger Matić, and subsequently by the latter two and K. Bradley, acting as Agents), Council of the European Union (represented by: J.-C. Piris, J. Schutte and S. Kyriakopoulou, acting as Agents)

Interveners in support of the defendants: Kingdom of Spain (represented by: M.A. Sampol Pucurull and J. Rodríguez Cárcamo, acting as Agents), Kingdom of the Netherlands (represented by: C. ten Dam and C. Wissels, acting as Agents), Commission of the European Communities (represented by: C. Docksey, R. Troosters and C. O'Reilly, acting as Agents), European Data Protection Supervisor (represented by: H. Hijmans, acting as Agent)

Re:

Annulment of Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC (OJ L 105, p. 54) — Choice of legal basis

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ireland to pay the costs;

3. Orders the Kingdom of Spain, the Kingdom of the Netherlands, the Slovak Republic, the Commission of the European Communities and the European Data Protection Supervisor to bear their own respective costs.

(1) OJ C 237, 30.9.2006.
EN Official Journal of the European Union C 32/2

Judgment of the Court (First Chamber) of 11 December 2008 — Commission of the European Communities v Kingdom of Spain

(Case C-380/06) (1)

(Failure of a Member State to fulfil obligations - Late payment in commercial transactions - Time-limit - Directive 2000/35/EC - Infringement of Article 3(1), (2) and (4))

(2009/C 32/02)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: B. Schima and S. Pardo Quintillán, acting as Agents)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 3(1)(2) and (4) of Directive 2000/35/EC of the European Parliament and of the Council of 29 June 2000 on combating late payment in commercial transactions (OJ 2000 L 200, p. 35) — Period of 90 days for the payment of certain staple foods

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the costs.

(1) OJ C 294 of 2.12.2006.
EN Official Journal of the European Union C 267/8

Judgment of the Court (Grand Chamber) of 8 September 2009 — Commission of the European Communities v European Parliament, Council of the European Union

(Case C-411/06) (1)

(Action for annulment - Regulation (EC) No 1013/2006 - Shipments of waste - Choice of legal basis - Articles 133 EC and 175(1) EC)

2009/C 267/14

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: G. Valero Jordana, M. Huttunen and M. Konstantinidis, Agents)

Defendants: European Parliament (represented by: I. Anagnostopoulou and U. Rösslein, Agents), Council of the European Union (represented by: M. Moore and K. Michoel, Agents)

Interveners in support of the defendants: French Republic (represented by: G. de Bergues, A. Adam and G. Le Bras, Agents), Republic of Austria (represented by: E. Riedl, Agent), United Kingdom of Great Britain and Northern Ireland (represented by: E. Jenkinson, E. O’Neil and S. Behzadi-Spencer, Agents, A. Dashwood, Barrister)

Re:

Annulment of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1) — Choice of legal basis — Act pursuing a dual purpose or having a dual component and requiring cumulative legal bases (Art. 175(1) EC and Art. 133 EC)

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the costs;

3. Orders the French Republic, the Republic of Austria and the United Kingdom of Great Britain and Northern Ireland to bear their own costs.

(1) OJ C 294, 02.12.2006.
EN Official Journal of the European Union C 153/4

Judgment of the Court (First Chamber) of 30 April 2009 — Commission of the European Communities v Italian Republic, Wam Spa

(Case C-494/06 P) (1)

(Appeal - State aid - Loans at reduced rates to enable a firm to establish itself in certain third countries - Effect on trade between Member States - Distortion of competition - Trade with non-member States - Commission decision - Unlawful State aid - Obligation to state the reasons on which the decision is based)

2009/C 153/06

Language of the case: Italian

Parties

Appellant: Commission of the European Communities (represented by: V. Di Bucci and E. Righini, Agents)

Other party to the proceedings: Italian Republic (represented by: I.M. Braguglia, Agent, and P. Gentili, avvocato dello Stato), Wam SpA (represented by E. Giliani, avvocato)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 6 September 2006 Italian Republic and Wam v Commission (Joined Cases T-304/04 and T 316/04) whereby the Court annulled Commission Decision 2006/177/EC of 19 May 2004 on State aid No C 4/2003 (ex NN 102/2002) implemented by Italy for Wam SpA (OJ 2006 L 63, p. 11)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the Commission of the European Communities to pay the costs at both instances.

(1) OJ C 20, 27.1.2007.
EN Official Journal of the European Union C 51/27

Judgment of the Court (Seventh Chamber) of 18 December 2007 — Commission of the European Communities v Portuguese Republic

(Case C-284/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2005/51/EC - Public procurement - Procedures for the award of contracts - Failure to transpose within the prescribed period)

(2008/C 51/44)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: A. Caeiros, D. Kukovec and P. Andrade, Agents)

Defendant: Portuguese Republic (represented by: M.L. Fernandes, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the period prescribed, the measures necessary to comply with Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and of the Council on public procurement (OJ 2005 L 257, p. 127)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2005/51/EC of 7 September 2005 amending Annex XX to Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC of the European Parliament and of the Council on public procurement, the Portuguese Republic has failed to fulfil its obligations under that directive;

2. Orders the Portuguese to pay the costs.

(1) OJ C 183, 4.8.2007.
EN Official Journal of the European Union C 22/17

Judgment of the Court (Seventh Chamber) of 6 December 2007 — Commission of the European Communities v Kingdom of Sweden

(Case C-258/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2004/18/EC - Procedures for the award of public works contracts, public supply contracts and public service contracts - Non-transposition within the prescribed period)

(2008/C 22/32)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (represented by: D. Kukovec and K. Nyberg, acting as Agents)

Defendant: Kingdom of Sweden (represented by: A. Falk, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to have adopted, within the prescribed period, the measures necessary to comply with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ 2004 L 134, p. 114)

Operative part of the judgment

The Court:

1. Declares that by not having adopted, within the prescribed period, the legislative, regulatory and administrative measures necessary to comply with Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, the Kingdom of Sweden has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Sweden to pay the costs.

(1) OJ C 183, 4.8.2007.
1)

While an agreement such as the one at issue in the main proceedings is not a project within the meaning of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, it is for the national court to determine, on the basis of the applicable national legislation, whether such an agreement constitutes a development consent within the meaning of Article 1(2) of Directive 85/337. It is necessary, in that context, to consider whether that consent forms part of a procedure carried out in several stages involving a principal decision and implementing decisions and whether account is to be taken of the cumulative effect of several projects whose impact on the environment must be assessed globally.
EN Official Journal of the European Union C 79/6

Judgment of the Court (Fifth Chamber) of 31 January 2007 — Commission of the European Communities v Kingdom of Spain

(Case C-32/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2001/84/EC - Copyright - Resale right for the benefit of the author of an original work of art)

(2008/C 79/10)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: R. Vidal Puig and W. Wils, acting as Agent(s))

Defendant: Kingdom of Spain (represented by: F. Díez Moreno, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to adopt within the period prescribed all the measures necessary to comply with Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ 2001 L 272, p. 32)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed, all the laws, regulations and administrative provisions necessary to comply with Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art, the Kingdom of Spain has failed to fulfil its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 82, 14.4.2007.
1.

Articles 17, 18(2) and (3) and 21(1)(b) of Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment, as amended by Council Directive 2000/17/EC of 30 March 2000, do not preclude national legislation which lays down a limitation period for the exercise of the right to deduct, such as that at issue in the main proceedings, provided that the principles of equivalence and effectiveness are respected. The principle of effectiveness is not infringed merely because the tax authority has a longer period in which to recover unpaid value added tax than the period granted to taxable persons for the exercise of their right to deduct.
EN Official Journal of the European Union C 128/14

Judgment of the Court (First Chamber) of 3 April 2008 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — J.C.M. Beheer BV v Staatssecretaris van Financiën

(Case C-124/07) (1)

(Sixth VAT Directive - Supply of services relating to insurance transactions - Insurance brokers and insurance agents)

(2008/C 128/22)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: J.C.M. Beheer BV

Defendant: Staatssecretaris van Financiën

Re:

Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Article 13 B(a) of Sixth Council Directive 77/388/EEG of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment (OJ 1977 L 145, p. 1) — Supply by insurance brokers or insurance agents of services relating to insurance or reinsurance transactions — Taxable person acting as sub-agent in the name of a principal agent

Operative part of the judgment

Article 13B(a) of the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonisation of the laws of the Member States relating to turnover taxes — Common system of value added tax: uniform basis of assessment must be interpreted as meaning that the fact that an insurance broker or agent does not have a direct relationship with the parties to the insurance or reinsurance contract in the conclusion of which he has been instrumental, but merely an indirect relationship with them through the intermediary of another taxable person who is, himself, in a direct relationship with one of those parties, and to whom the insurance broker or agent is contractually bound does not prevent the service provided by the latter from being exempt from value added tax under that provision.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 223/12

Judgment of the Court (Second Chamber) of 17 July 2008 — Franco Campoli v Commission of the European Communities, Council of the European Union

(Case C-71/07 P) (1)

(Appeal - Officials - Remuneration - Pension - Application of the correction coefficient calculated on the basis of the average cost of living in the country of residence - Transitional arrangements established by the Regulation amending the Staff Regulations - Objection of illegality)

(2008/C 223/18)

Language of the case: French

Parties

Appellant: Franco Campoli (represented by: G. Vandersanden, L. Levi and S. Rodrigues, avocats)

Other parties to the proceedings: Commission of the European Communities (represented by: V. Joris and D. Martin, acting as Agents), Council of the European Union (represented by: M. Arpio Santacruz and I. Šulce, acting as Agents)

Re:

Appeal brought against the judgment of the Court of First Instance (Second Chamber, Extended Composition) of 29 November 2006 in Case T-135/05 Campoli v Commission, by which the Court dismissed as partially inadmissible and partially unfounded the action for annulment of the appellant's pension payslips from May to July 2004, in as much as they applied for the first time a weighting calculated in an allegedly unlawful manner on the basis of the average cost of living in the appellant's country of residence, rather than, as previously, in relation to the cost of living in the capital of that country — Effect of the entry into force of the new Staff Regulations of Officials on the system of weighting — Transitional system for officials who retired before 1 April 2004 — Method of calculating weighting and respect for the principle of the equality of treatment — Obligation to state reasons

Operative part of the judgment

The Court:

1. Dismisses the principal appeal and the cross-appeal.

2. Orders the parties to bear their own costs.

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 183/3

Judgment of the Court (Second Chamber) of 5 June 2008 (reference for a preliminary ruling from the Tribunal de grande Instance de Nantes — Commission d'Indemnisation des Victimes d'infractions — France) — James Wood v Fonds de Garantie des victimes des actes de Terrorisme et d'autres Infractions

(Case C-164/07) (1)

(Article 12 EC - Discrimination on grounds of nationality - Compensation awarded by the Fonds de garantie des victimes des actes de terrorisme et d'autres infractions - Not included)

(2008/C 183/05)

Language of the case: French

Referring court

Tribunal de Grande Instance de Nantes — Commission d'Indemnisation des Victimes d'infractions

Parties to the main proceedings

Applicant: James Wood

Defendant: Fonds de Garantie des victimes des actes de Terrorisme et d'autres Infractions

Re:

Reference for a preliminary ruling — Tribunal de grande instance de Nantes (France) — Commission d'Indemnisation des Victimes d'infractions — Interpretation of Article [12] of the EC Treaty — Compatibility, with regard to the general principle of non-discrimination, of national legislation which excludes a national of another Member State of the Union, lawfully residing in France and father of a child holding French nationality who died outside French territory, from the right to compensation paid by a Fonds de garantie, on the sole ground of his nationality

Operative part of the judgment

Community law precludes legislation of a Member State which excludes nationals of other Member States who live and work in its territory from the grant of compensation intended to make good losses resulting from offences against the person where the crime in question was not committed in the territory of that State, on the sole ground that they do not have the nationality of that State.

(1) OJ C 129, 9.6.2007.