ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 153/3

Judgment of the Court (First Chamber) of 14 May 2009 (reference for a preliminary ruling from the Oberlandesgericht Wien (Austria)) — Renate Ilsinger v Martin Dreschers, acting as administrator in the insolvency of Schlank & Schick GmbH

(Case C-180/06) (1)

(Jurisdiction in civil and commercial matters - Regulation (EC) No 44/2001 - Jurisdiction over consumer contracts - Entitlement of a consumer to whom misleading advertising has been sent to seek payment, in judicial proceedings, of the prize which he has apparently won - Classification - Action of a contractual nature covered by Article 15(1)(c) of that regulation - Conditions)

2009/C 153/05

Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings

Applicant: Renate Ilsinger

Defendant: Martin Dreschers, acting as administrator in the insolvency of Schlank & Schick GmbH

Re:

Reference for a preliminary ruling — Oberlandesgericht Wien — Interpretation of Article 15(1)(c) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p. 1) — National consumer protection law providing for a right to the prize allegedly won by the addressee of the misleading advertisement

Operative part of the judgment

In a situation such as that at issue in the main proceedings, in which a consumer seeks, in accordance with the legislation of the Member State in which he is domiciled and before the court for the place in which he resides, an order requiring a mail-order company established in another Member State to pay a prize which that consumer has apparently won, and

— where that company, with the aim of encouraging that consumer to conclude a contract, sent a letter addressed to him personally of such a kind as to give him the impression that he would be awarded a prize if he requested payment by returning the ‘prize claim certificate’ attached to that letter,

— but without the award of that prize depending on an order for goods offered for sale by that company or on a trial order,

the rules on jurisdiction laid down by Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as follows:

— such legal proceedings brought by the consumer are covered by Article 15(1)(c) of that regulation, on condition that the professional vendor has undertaken in law to pay that prize to the consumer;

— where that condition has not been fulfilled, such proceedings are covered by Article 15(1)(c) of Regulation No 44/2001 only if the consumer has in fact placed an order with that professional vendor.

(1) OJ C 165, 15.7.2006.
EN Official Journal of the European Union C 64/11

Judgment of the Court (First Chamber) of 17 January 2008 (reference for a preliminary ruling from the Cour de cassation (France)) — Paul Chevassus-Marche v Groupe Danone, Société Kro beer brands SA (BKSA), Société Evian eaux minérales d'Evian SA (SAEME)

(Case C-19/07) (1)

(Approximation of laws - Directive 86/653/EEC - Self-employed commercial agents - Right of an agent entrusted with a specific geographical area to a commission - Transactions concluded without any action on the part of the principal)

(2008/C 64/16)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Paul Chevassus-Marche

Defendants: Groupe Danone, Société Kro beer brands SA (BKSA), Société Evian eaux minérales d'Evian SA (SAEME)

Re:

Reference for a preliminary ruling — Cour de cassation — Interpretation of Article 7(2) of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents (OJ 1986 L 382, p. 17) — Termination of the agency contract — Commission owed to a commercial agent entrusted with a specific geographical area or group of persons — Whether there is a right to that commission in the absence of any control, direct or indirect, by the principal over transactions between a third party and a customer belonging to the geographical area entrusted to the agent

Operative part of the judgment

The first indent of Article 7(2) of Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the Member States relating to self-employed commercial agents must be interpreted as meaning that a commercial agent entrusted with a specific geographical area does not have the right to a commission for transactions concluded by customers belonging to that area without any action, direct or indirect, on the part of the principal.

(1) OJ C 69, 24.3.2007.
EN Official Journal of the European Union C 22/14

Judgment of the Court (Seventh Chamber) of 6 December 2007 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-57/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2003/86/EC - Right to family reunification - Non-transposition within the prescribed period)

(2008/C 22/27)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: M. Condou-Durande, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, 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 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ 2003 L 251, p. 12).

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 Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 95, 28.4.2007.
EN Official Journal of the European Union C 107/9

Judgment of the Court (Eighth Chamber) of 6 March 2008 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-340/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2002/73/EC - Equal treatment for men and women - Access to employment, vocational training and promotion - Working conditions - Failure to transpose within the prescribed period)

(2008/C 107/14)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: G.Rozet and M. van Beek. acting as agents)

Defendant: Grand Duchy of Luxembourg (represented by: C. Schiltz, agent)

Re:

Failure of a Member State to fulfil obligations — Failure to take, within the prescribed period, all the measures necessary to comply with Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 2002 L 269, p. 1)

Operative part of the judgment

The Court:

1. declares that, by not having adopted within the prescribed period, all the laws, regulations and administrative provisions necessary to comply with Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, the Grand Duchy of Luxembourg has failed to fulfil its obligations under the first paragraph of Article 2(1) of that directive.

2. orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 79/9

Judgment of the Court (Sixth Chamber) of 31 January 2008 — Commission of the European Communities v Kingdom of Sweden

(Case C-259/07) (1)

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

(2008/C 79/15)

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 adopt, within the period prescribed, the 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 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, within the prescribed period, 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 the Council on public procurement, 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.
EN Official Journal of the European Union C 171/10

Judgment of the Court (Seventh Chamber) of 15 May 2008 (reference for a preliminary ruling from the Corte d'appello di Firenze (Italy)) — Nancy Delay v Università degli studi di Firenze, Istituto nazionale della previdenza sociale (INPS), Repubblica italiana

(Case C-276/07) (1)

(Freedom of movement for workers - Discrimination on grounds of nationality - Category of ‘exchange assistants’ - Former foreign-language assistants - Recognition of acquired rights)

(2008/C 171/17)

Language of the case: Italian

Referring court

Corte d'appello di Firenze

Parties to the main proceedings

Applicant: Nancy Delay

Defendant: Università degli studi di Firenze, Istituto nazionale della previdenza sociale (INPS), Repubblica italiana

Re:

Reference for a preliminary ruling — Interpretation of Article 39 EC — Recognition of the acquired rights of foreign-language assistants — Assistants employed pursuant to a cultural exchange agreement with other Member States (‘exchange assistants’) — Applicability of the principles flowing from Cases C-21/99 and C-119/04

Operative part of the judgment

It is contrary to Article 39(2) EC that, when a fixed-term contract of employment as an exchange assistant is replaced by a contract of employment for an indefinite period as a linguistic associate, a person in the position of the applicant in the main proceedings should be refused recognition of the rights acquired since the date of her first recruitment, with consequences with regard to remuneration, the account to be taken of seniority and the payment, by the employer, of contributions to a social security scheme, inasmuch as a national worker placed in a comparable situation would have been entitled to such recognition. It is for the national court to ascertain whether that is so in the case in the main proceedings.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 128/13

Judgment of the Court (Fourth Chamber) of 3 April 2008 (reference for a preliminary ruling from the Conseil d'État (France)) — Banque Fédérative du Crédit Mutuel v Ministre de l'Économie, des Finances et de l'Industrie

(Case C-27/07) (1)

(Corporation tax - Directive 90/435/EEC - Taxable income of a parent company - Non deductibility of costs and expenses relating to a holding in a subsidiary - Fixing of costs at a flat rate - Ceiling of 5 % of the profits distributed by the subsidiary - Inclusion of tax credits)

(2008/C 128/20)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicant: Banque Fédérative du Crédit Mutuel

Defendant: Ministre de l'Économie, des Finances et de l'Industrie

Re:

Reference for a preliminary ruling — Conseil d'État (France) — Interpretation of Articles 4, 5 and 7 of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (OJ 1990 L 225, p. 6) — Add-back to the taxable income of the parent company of a fixed proportion of the costs and expenses, equal to 5 % of the income from its holdings in a subsidiary, including tax credits — Compatibility of that add back with the limit provided for in Article 4 of the directive — Need for the tax credit to be entirely set off against the tax payable by the parent company.

Operative part of the judgment

The concept of ‘profits distributed by the subsidiary’, within the meaning of the last sentence of Article 4(2) of Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States, is to be interpreted as not precluding legislation of a Member State which includes in those profits tax credits which have been granted in order to offset a withholding tax levied by the Member State of the subsidiary in the hands of the parent company.

(1) OJ C 82, 14.4.2007.
EN Official Journal of the European Union C 223/18

Judgment of the Court (Eighth Chamber) of 17 July 2008 — Commission of the European Communities v Kingdom of Belgium

(Case C-543/07) (1)

(Failure of a Member State to fulfil its obligations - Directive 2002/73/EC - Equal treatment for men and women - Access to employment - Vocational training and promotion - Working conditions - Failure to transpose within the period prescribed)

(2008/C 223/28)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: M. van Beek, acting as Agent)

Defendant: Kingdom of Belgium (represented by: D. Haven, Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to adopt, within the period prescribed, the provisions necessary to comply with Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (OJ 2002 L 296, p. 15).

Operative part of the judgment

The Court:

1. Declares that, by failing, within the period prescribed, to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions, the Kingdom of Belgium failed to fulfil its obligations under that directive;

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

(1) OJ C 37, 9.2.2008.
EN Official Journal of the European Union C 209/12

Judgment of the Court (Fourth Chamber) of 19 June 2008 — Commission of the European Communities v French Republic

(Case C-220/07) (1)

(Failure of a Member State to fulfil its obligations - Directive 2002/22/EC - Electronic communications - Designation of the undertakings entrusted with the provision of universal service - Incorrect transposition)

(2008/C 209/16)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: J.-P. Keppenne and M. Shotter, Agents)

Defendant: French Republic (represented by: G. de Bergues and B. Messmer, Agents)

Re:

Failure of a Member State to fulfil its obligations — Incorrect transposition [of Articles 8, 12 and 13] of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (‘Universal Service Directive’) (OJ 2002 L 108, p. 51) — Obligation to use an efficient, objective, transparent and non-discriminatory mechanism to designate undertakings entrusted with the provision of universal service — National legislation immediately excluding economic operators which are not capable of ensuring the provision of that service throughout the national territory

Operative part of the judgment

The Court:

1. Declares that, by transposing into national law in the way it did the provisions concerning the designation of the undertakings capable of guaranteeing the provision of universal service, the French Republic failed to fulfil its obligations under Articles 8(2), 12 and 13 and Annex IV of Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (‘Universal Service Directive’).

2. Orders the French Republic to bear the costs.

(1) OJ C 211 of 8.9.2007.
EN Official Journal of the European Union C 285/8

Judgment of the Court (Fourth Chamber) of 11 September 2008 — Commission of the European Communities v Federal Republic of Germany

(Case C-141/07) (1)

(Failure of a Member State to fulfil obligations - Measures having equivalent effect to a quantitative restriction - Protection of public health - Justification - Pharmacies - Supply of medicinal products directly to hospitals - Proximity to the hospital concerned)

(2008/C 285/11)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: B. Schima, acting as Agent)

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 Articles 28 EC and 30 EC — National rules stipulating requirements to be met by pharmacies in order to be permitted to supply pharmaceutical products directly to hospitals and capable of being met in practice only by pharmacies located in the vicinity of the hospital concerned

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 117, 26.5.2007.
EN Official Journal of the European Union C 236/2

Judgment of the Court (Third Chamber) of 25 July 2008 (reference for a preliminary ruling from the Juzgado de lo Contencioso-Administrativo de Madrid — Spain) — Ecologistas en Acción-CODA v Ayuntamiento de Madrid

(Case C-142/07) (1)

(Directives 85/337/EEC and 97/11/EC - Assessment of the effects of projects on the environment - Refurbishment and improvement works on urban roads - Whether subject to assessment)

(2008/C 236/03)

Language of the case: Spanish

Referring court

Juzgado de lo Contencioso-Administrativo de Madrid

Parties to the main proceedings

Applicant: Ecologistas en Acción-CODA

Defendant: Ayuntamiento de Madrid

Re:

REFERENCE for a preliminary ruling — Juzgado de lo Contencioso-Administrativo de Madrid — Interpretation 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 (OJ 1985 L 175, p. 40) — Urban road projects in densely populated areas or concerning landscapes of historical, cultural or archaeological significance — Whether subject to an assessment procedure having regard to their nature, size and effect — Applicability of the criteria in the judgment of the Court in Case C-332/04 Commission v Spain

Operative part of the judgment

Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 1997, must be interpreted as meaning that it provides for environmental impact assessment of refurbishment and improvement projects for urban roads, either where they are projects covered by point 7(b) or (c) of Annex I to the directive, or where they are projects covered by point 10(e) of Annex II or the first indent of point 13 thereof, which are likely, by virtue of their nature, size or location and, if appropriate, having regard to their interaction with other projects, to have significant effects on the environment.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 327/5

Judgment of the Court (Second Chamber) of 6 November 2008 (reference for a preliminary ruling from the Conseil d'État — France) — Association nationale pour la protection des eaux et rivières — TOS v Ministère de l'écologie, du développement et de l'aménagement durables

(Case C-381/07) (1)

(Pollution of the aquatic environment - Directive 2006/11/EC - Article 6 - Dangerous substances - Discharges - Prior authorisation - Fixing of emission standards - Declaratory scheme - Fish farms)

(2008/C 327/07)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicant: Association nationale pour la protection des eaux et rivières — TOS

Defendant: Ministère de l'écologie, du développement et de l'aménagement durables

Re:

Reference for a preliminary ruling — Conseil d'État — Interpretation of Article 6 of Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (OJ 2006 L 64, p. 52) — Need for prior authorisation, laying down emission standards, for all discharges into water which may contain dangerous substances — Compatibility of national rules replacing prior authorisation with a mere declaratory scheme in respect of fish farms coupled, however, with a reference to the applicable environmental quality standards and a right for the competent administrative authority to object to the commencement of operations or to impose limits on discharges specific to the facility concerned

Operative part of the judgment

Article 6 of Directive 2006/11/EC of the European Parliament and of the Council of 15 February 2006 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community cannot be interpreted as allowing the Member States, once programmes to reduce water pollution including environmental quality standards have been adopted under that article, to introduce a declaratory scheme, in respect of facilities regarded as being low-polluting in nature, subject to a reference to those standards and a right for the administrative authority to object to the commencement of the operations or to impose limits on discharges specific to the facility concerned.

(1) OJ C 269, 10.11.2007.
EN Official Journal of the European Union C 301/10

Judgment of the Court (Seventh Chamber) of 25 September 2008 — Commission of the European Communities v Italian Republic

(Case C-368/07) (1)

(Failure of a Member State to fulfil obligations - Directive 2000/59/EC - Port reception facilities for ship-generated waste and cargo residues - Failure to develop and implement waste reception and handling plans for all ports)

(2008/C 301/18)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: K. Simonsson and E. Montaguti, Agents)

Defendant: Italian Republic (represented by: I.M. Braguglia, Agent, G. Fiengo and F. Arena, lawyers)

Re:

Failure of Member State to fulfil obligations — Failure to have adopted, within the prescribed time-limit, all the measures necessary to comply with Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ 2000 L 332, p. 81)

Operative part of the judgment

The Court hereby:

1. Declares that, by failing to prepare and adopt waste reception and handling plans for every Italian port, the Italian Republic has failed to fulfil its obligations under Article 5(1) and 16(1) of Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 223, 22.9.2007.