ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union C 158/7

Judgment of the Court (Seventh Chamber) of 8 May 2008 — Commission of the European Communities v Portuguese Republic

(Case C-233/07) (1)

(Failure of a Member State to fulfil obligations - Environment - Directive 91/271/EEC - Urban waste water treatment - Decision 2001/720/EC - Derogation regarding urban waste water treatment for the agglomeration of the Estoril coast - Infringement of Articles 2, 3 and 5 of Decision 2001/720/EC)

(2008/C 158/10)

Language of the case: Portuguese

Parties

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

Defendant: Portuguese Republic (represented by: L. Fernandes and M.J. Lois, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 2, 3 and 5 of the Commission Decision of 8 October 2001 granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast (OJ 2001 L 269, p. 14)

Operative part of the judgment

The Court:

1. Declares that the Portuguese Republic has failed to fulfil its obligations under Articles 2, 3 and 5 of Commission Decision 2001/720/EC granting Portugal a derogation regarding urban waste water treatment for the agglomeration of the Estoril coast, by: — failing to subject, during the bathing season, the urban waste water from the agglomeration of the Estoril coast, prior to discharge into the sea, to at least advanced primary treatment and to a disinfection system in accordance with Article 2 of that decision, — failing to subject, outside the bathing season, the urban waste water from the agglomeration of the Estoril coast, prior to discharge, to at least primary treatments, in accordance with Article 3 of that decision, and — suffering the discharge of urban waste water from the agglomeration of the Estoril coast to produce adverse effects on the environment;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 170, 21.7.2007.
EN Official Journal of the European Union C 128/14

Judgment of the Court (Seventh Chamber) of 3 April 2008 (reference for a preliminary ruling from the Rechtbank Zutphen (Netherlands)) — Criminal proceedings against Dirk Endendijk

(Case C-187/07) (1)

(Directive 91/629/EEC - Decision 97/182/EC - Rearing of calves - Individual pens - Prohibition on tethering calves - Meaning of the verb ‘tether’ - Material and length - Different language versions - Uniform interpretation)

(2008/C 128/23)

Language of the case: Dutch

Referring court

Rechtbank Zutphen

Party in the main proceedings

Dirk Endendijk

Re:

Reference for a preliminary ruling — Rechtbank Zutphen — Interpretation of point 8 of the Annex to Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves (OJ 1991 L 340, p. 28) read in conjunction with Article 1(3) of Commission Decision 97/182/EC of 24 February 1997 amending the Annex to Directive 91/629 (OJ 1997 L 76, p. 30) — Meaning of ‘tether’

Operative part of the judgment

A calf is tethered within the meaning of Council Directive 91/629/EEC of 19 November 1991 laying down minimum standards for the protection of calves, as amended by Commission Decision 97/182/EC of 24 February 1997, where it is tied by a rope, irrespective of the material, length and purpose of that rope.

(1) OJ C 129, 9.6.2007.
EN Official Journal of the European Union C 223/14

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

(Case C-207/07) (1)

(Failure of a Member State to fulfil obligations - Articles 43 EC and 56 EC - National law making the acquisition of shareholdings in undertakings which carry on regulated activities in the energy sector and of the assets necessary to carry on those activities subject to prior approval)

(2008/C 223/22)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (represented by: H. Støvlbæk and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Breach of Articles 43 EC and 56 EC — National law making the acquisition of certain shareholdings in undertakings which carry on regulated activities in the energy sector subject to prior approval of a special commission

Operative part of the judgment

The Court:

1. Declares that, by adopting the first indent of the second paragraph of the single article of the fourteenth function of the National Energy Commission provided for in Supplementary Provision No 11, part 3, point 1 of Law 34/1998 of 7 October 1998 on the hydrocarbon sector (Ley 3471998, del sector de hidrocarburos), as amended by Royal Decree-Law 4/2006 of 24 February 2006 (Real Decreto-Ley 4/2006), in order to make the acquisition of certain shareholdings in undertakings which carry on certain regulated activities in the energy sector and the acquisition of the assets necessary to carry on such activities subject to the prior approval of the National Energy Commission, the Kingdom of Spain has failed to fulfil its obligations under Articles 43 EC and 56 EC;

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

(1) OJ C 140, 23.6.2007.
EN Official Journal of the European Union C 183/6

Judgment of the Court (Sixth Chamber) of 3 June 2008 — Commission of the European Communities v French Republic

(Case C-507/07) (1)

(Failure of a Member State to fulfil obligations - Regulation (EC) No 6/2002 - Industrial and commercial property - Community designs - Article 80(2) - Failure to communicate the list of courts)

(2008/C 183/09)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: H. Krämer, Agent)

Defendant: French Republic (represented by: G. de Bergues and A. Hare, Agents)

Re:

Failure of a Member State to fulfil obligations — Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ 2002 L 3, p. 1) — Failure to communicate the list, provided for in Article 80(2) of the regulation referred to above, of Community design courts, indicating their names and their territorial jurisdiction.

Operative part of the judgment

1. By not communicating to the Commission of the European Communities the list of Community design courts, the French Republic has failed to fulfil its obligations under Article 80(2) of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs;

2. The French Republic is ordered to pay the costs.

(1) OJ C 8, 12.1.2008.
EN Official Journal of the European Union C 285/10

Judgment of the Court (Sixth Chamber) of 11 September 2008 — Commission of the European Communities v Italian Republic

(Case C-447/07) (1)

(Failure of a Member State to fulfil obligations - Article 39 EC - Employment in the public administration - Masters and officers (chief officers) of vessels - Allocation of State authority on board - Requirement to hold the nationality of the flag Member State)

(2008/C 285/16)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: G. Rozet and L. Pignataro-Nolin, acting as Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent, and S. Fiorentino, avvocato dello Stato)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 39 EC — National legislation reserving the posts of master and chief officer on all vessels flying the flag of that Member State to its nationals

Operative part of the judgment

The Court:

1. Declares that, by maintaining in its legislation the requirement that masters and chief officers on all vessels flying the Italian flag hold Italian nationality, the Italian Republic has failed to fulfil its obligations under Article 39 EC;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 297, 8.12.2007.
EN Official Journal of the European Union C 223/16

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

(Case C-311/07) (1)

(Failure of a Member State to fulfil obligations - Directive 89/105/EEC - Inclusion of medicinal products for human use in the national health insurance system - Article 6(1) - List of medicinal products covered by the national health insurance system establishing three different categories of reimbursement subject to conditions - Time-limit for adopting a decision on an application for inclusion of a medicinal product in the categories of that list offering the most favourable reimbursement conditions)

(2008/C 223/25)

Language of the case: German

Parties

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

Defendant: Republic of Austria (represented by: C. Pesendorfer, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 6(1) of Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems (OJ 1989 L 40, p. 8) — National legislation on social security establishing a list of medicinal products covered by the health insurance system comprising three categories of medicinal products differing according to their conditions of reimbursement — Failure to have set a time-limit as required by Article 6(1) of Directive 89/105/EEC for decisions relating to the inclusion of medicinal products in the most favourable categories

Operative part of the judgment

The Court:

1. Declares that, by failing to lay down a time-limit, in accordance with Article 6(1) of Council Directive 89/105/EEC of 21 December 1988 relating to the transparency of measures regulating the pricing of medicinal products for human use and their inclusion in the scope of national health insurance systems, for the adoption of decisions relating to applications for inclusion of medicinal products in the yellow or green categories of the medicinal products reimbursement code provided for by the general Law on social insurance (Allgemeines Sozialversicherungsgesetz), as amended by the Law of 2003 amending social insurance (Sozialversicherungs-Änderungsgesetz 2003), the Republic of Austria has failed to fulfil its obligations under that provision.

2. Order the Republic of Austria to pay the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 313/7

Judgment of the Court (Fourth Chamber) of 16 October 2008 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV v deutsche internet versicherung AG

(Case C-298/07) (1)

(Directive 2000/31/EC - Article 5(1)(c) - Electronic commerce - Internet service provider - Electronic mail)

(2008/C 313/11)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Bundesverband der Verbraucherzentralen und Verbraucherverbände — Verbraucherzentrale Bundesverband eV

Defendant: deutsche internet versicherung AG

Re:

Reference for a preliminary ruling — Bundesgerichtshof — Interpretation of Article 5(1)(c) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ 2000 L 178, p. 1) — Service provider offering such services exclusively via the internet by indicating on his website only his electronic mail address and providing recipients with a field in which to ask written questions — Whether this service provider also has to provide a telephone number

Operative part of the judgment

Article 5(1)(c) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (‘Directive on electronic commerce’) must be interpreted as meaning that a service provider is required to supply to recipients of the service, before the conclusion of a contract with them, in addition to its electronic mail address, other information which allows the service provider to be contacted rapidly and communicated with in a direct and effective manner. That information does not necessarily have to be a telephone number. That information may be in the form of an electronic enquiry template through which the recipients of the service can contact the service provider via the internet, to whom the service provider replies by electronic mail except in situations where a recipient of the service, who, after contacting the service provider electronically, finds himself without access to the electronic network, requests the latter to provide access to another, non-electronic, means of communication.

(1) OJ C 223, 22.9.2007.
EN Official Journal of the European Union C 301/8

Judgment of the Court (Second Chamber) of 2 October 2008 — K-Swiss Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-144/07 P) (1)

(Appeal - Community trade mark - Regulation (EC) No 2868/95 - Time-limit for instituting proceedings before the Court of First Instance - OHIM decision - Notification by express courier - Calculation of the time limit for bringing an action)

(2008/C 301/14)

Language of the case: English

Parties

Appellant: K-Swiss Inc. (represented by: H.E. Hübner, Advocate)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: O. Mondéjar Ortuño, Agent)

Re:

Appeal against the order of the Court of First Instance (Third Chamber) of 14 December 2006 in Case T-14/06 K-Swiss v OHIM dismissing as inadmissible an action for annulment of a decision of the First Board of Appeal of OHIM — Time-limit for instituting proceedings — Notification by express courier — Date from which the time-limit begins to run

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders K Swiss Inc. to pay the costs.

(1) OJ C 117, 26.5.2007.
EN Official Journal of the European Union C 19/3

Judgment of the Court (Fourth Chamber) of 4 December 2008 (reference for a preliminary ruling from the Sozialgericht Stuttgart (Germany)) — Krystyna Zablocka-Weyhermüller v Land Baden-Württemberg

(Case C-221/07) (1)

(Benefits granted to surviving spouses of victims of war - Condition of residence on the national territory - Article 18(1) EC)

(2009/C 19/04)

Language of the case: German

Referring court

Sozialgericht Stuttgart

Parties to the main proceedings

Applicant: Krystyna Zablocka-Weyhermüller

Defendant: Land Baden-Württemberg

Re:

Reference for a preliminary ruling — Sozialgericht Stuttgart — Compatibility with Community law of national provisions limiting the exportability of benefits for surviving spouses of victims of war (Hinterbliebenenversorgung)

Operative part of the judgment

Article 18(1) EC is to be interpreted as precluding legislation of a Member State under which the latter refuses to pay certain benefits granted to surviving spouses of victims of war solely because they are domiciled in the territory of certain specific Member States.

(1) OJ C 183, 4.8.2007.
3.

Where an application for remission of import duties has been submitted to the Commission of the European Communities by a Member State under Article 239 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code, as amended by Regulation (EC) No 82/97 of the European Parliament and of the Council of 19 December 1996, and the Commission has already adopted a decision containing assessments of fact and law in a particular case concerning import transactions, such assessments bind all the authorities of the Member State to which that decision was addressed, in accordance with Article 249 EC, including the courts which have to assess that case under Article 220 of that regulation. If the importer has, within the period prescribed in the fifth paragraph of Article 230 EC, brought an action for annulment of a decision of the Commission of the European Communities in respect of an application for remission of import duties pursuant to Article 239 of that regulation, it is for the national court to decide whether to stay the proceedings until a definitive decision has been given in the action for annulment or to refer itself a question to the Court of Justice of the European Communities for a preliminary ruling as to validity.
1)

The second subparagraph of Article 17(6) 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, must be interpreted as precluding a Member State from applying, after the entry into force of the Sixth Directive, an exclusion from the right to deduct input value added tax on expenditure in respect of meals provided by company canteens free of charge to business contacts and staff in the course of work meetings, where, at the moment when the Sixth Directive entered into force, that exclusion was not actually applied to that expenditure because of an administrative practice of taxing services provided by company canteens at cost price, that is to say, the price of the raw materials plus the cost of wages for preparation and sale of the food and drinks and the administration of the canteens, in return for the right to deduct input value added tax in full;
EN Official Journal of the European Union C 32/4

Judgment of the Court (First Chamber) of 11 December 2008 — Commission of the European Communities v Département du Loiret, Scott SA

(Case C-295/07 P) (1)

(Appeal - State aid - Preferential price of a plot of land - Commission decision - Recovery of aid incompatible with the common market - Present-day value of the aid - Compound interest rate - No statement of reasons - Complete annulment - Lawfulness)

(2009/C 32/07)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: J. Flett, acting as Agent)

Other parties to the proceedings: Département du Loiret, Scott SA (represented by: J. Lever QC, J. Gardner and G. Peretz, Barristers, instructed by R. Griffith and M. Papadakis, Solicitors)

Re:

Appeal against the judgment of 29 March 2007 of the Court of First Instance (First Chamber) in Case T-369/00 Département du Loiret v Commission, by which the Court annulled Commission Decision 2002/14/EC of 12 July 2000 on the State aid granted by France to Scott Paper SA/Kimberly-Clark (OJ 2002 L 12, p. 1) in so far as it concerns the aid granted in the form of the preferential price for a property referred to in Article 1 thereof — Method for calculating interest due on sums unlawfully received: simple or compound interest rates? — Reasons for the choice of that method and reversal of the burden of proof — Point in time at which the existence of an unlawful advantage falls to be determined

Operative part of the judgment

The Court:

1. Sets aside the judgment of the Court of First Instance of the European Communities of 29 March 2007 in Case T-369/00 Département du Loiret v Commission [2007] ECR II-851;

2. Refers the case back to the Court of First Instance of the European Communities;

3. Reserves the costs.

(1) OJ C 211, 8.9.2007.
EN Official Journal of the European Union C 44/13

Judgment of the Court (First Chamber) of 18 December 2008 (reference for a preliminary ruling from the Højesteret — Denmark) — Ruben Andersen v Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune)

(Case C-306/07) (1)

(Information to be provided to employees - Directive 91/533/EEC - Article 8(1) and (2) - Scope - Employees ‘covered’ by a collective agreement - Concept of ‘temporary contract or employment relationship’)

(2009/C 44/21)

Language of the case: Danish

Referring court

Højesteret

Parties to the main proceedings

Applicant: Ruben Andersen

Defendant: Kommunernes Landsforening, acting on behalf of Slagelse Kommune (formerly Skælskør Kommune)

Re:

Reference for a preliminary ruling — Højesteret — Interpretation of Article 8(1) and (2) of Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ 1991 L 288, p. 32) — Applicability of a collective agreement intended to transpose a directive to an employee who is not a member of one of the organisations which are party to that agreement — Rights of employees who believe themselves to be harmed by the failure to comply with the obligations under the directive

Operative part of the judgment

1. Article 8(1) of Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship must be interpreted as meaning that it does not prohibit national rules which provide that the terms of a collective agreement which is intended to transpose the provisions of the directive into national law are to apply to an employee even though he is not a member of an organisation which is a party to that agreement.;

2. The second paragraph of Article 8(2) of Council Directive 91/533 must be interpreted as meaning that it does not prevent an employee who is not a member of a union which is a party to a collective agreement governing his employment relationship being regarded as ‘covered by’ that agreement within the meaning of the abovementioned provision.

3. The words ‘a temporary contract or employment relationship’ in the second paragraph of Article 8(2) of Directive 91/533 are to be interpreted as referring to contracts and employment relationships entered into for a short period. If no norm has been laid down for that purpose in a Member State's rules, it is for the national courts to determine the duration in each case in the light of the specific characteristics of certain sectors or certain occupations or activities. That duration must, however, be fixed so as to provide effective protection of the rights conferred on workers by the directive.

(1) OJ C 211, 8.9.2007.