Judgment of the Court (First Chamber) of 17 March 2005 in Case C-294/02: Commission of the European Communities v AMI Semiconductor Belgium BVBA and Others (Arbitration clause — Designation of the Court of First Instance — Jurisdiction of the Court of Justice — Parties in liquidation — Capacity to be parties to legal proceedings — Regulation (EC) No 1346/2000 — Insolvency proceedings — Recovery of advances — Reimbursement under a clause of the contract — Joint and several liability — Recovery of sums paid but not due)
Date: 2005-06-11
Institutions: Court of Justice
Subjects: action for annulment (EU), advance payment, damages, electronics, financing

11.6.2005

EN

Official Journal of the European Union

C 143/5

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

of 26 April 2005

in Case C-494/01: Commission of the European Commu-
nities v Ireland (1)

(Failure of a Member State to fulfil obligations — Environ-
ment — Waste management — Directive 75/442/EEC, as
amended by Directive 91/156/EC — Articles 4, 5, 8, 9, 10,
12, 13 and 14)

(2005/C 143/02)

(Language of the case: English)

In Case C-494/01, action under Article 226 EC for failure to
fulfil obligations, brought on 20 December 2001, Commission
of
the European Communities (Agents: R. Wainwright and
X. Lewis) v Ireland (Agent: D. O'Hagan, assisted by P. Charleton
(Grand Chamber),
SC and A. Collins BL) — the Court
composed of V. Skouris, President, P.
Jann (Rapporteur),
C.W.A. Timmermans and A. Rosas, Presidents of Chambers, J.
P. Puissochet, R. Schintgen, N. Colneric, S. von Bahr,
J.N.
Cunha Rodrigues, M.
J. Malenovský, U. Lõhmus and
E. Levits, Judges; L.A. Geelhoed, Advocate General; L. Hewlett,
Principal Administrator, for the Registrar, gave a judgment on
26 April 2005, in which it:

Ilešič,

1. Declares that, by failing to take all the measures necessary to
ensure a correct implementation of the provisions of Articles 4, 5,
8, 9, 10, 12, 13 and 14 of Council Directive 75/442/EEC of
15 July 1975 on waste, as amended by Council Directive
91/156/EEC of 18 March 1991, Ireland has failed to comply
with its obligations under those provisions;

2. Declares that, by failing to respond to a request for information
dated 20 September 1999 in relation to waste operations at
Fermoy, County Cork, Ireland has failed to fulfil the obligations
which it has pursuant to Article 10 EC;

3. Orders Ireland to pay the costs.

(1) OJ C 56 of 02.03.2002.

(First Chamber)

of 17 March 2005

in Case C-294/02: Commission of the European Commu-
nities v AMI Semiconductor Belgium BVBA and Others (1)

(Arbitration clause — Designation of the Court of First
Instance — Jurisdiction of the Court of Justice — Parties in
liquidation — Capacity to be parties to legal proceedings —
Regulation (EC) No 1346/2000 — Insolvency proceedings —
Recovery of advances — Reimbursement under a clause of
liability — Recovery of
the contract — Joint and several

sums paid but not due)

(2005/C 143/03)

(Language of the case: German)

in Vienna

In Case C-294/02, Commission of the European Communities
(Agent: M G. Wilms, assisted by R. Karpenstein) v AMI Semi-
conductor Belgium BVBA,
formerly Alcatel Microelectronics
NV, established in Oudenaarde (Belgium), (Rechtsanwälte: M.
Hallweger and R. Lutz), A-Consult EDV-Beratungsgesellschaft
mbH (in liquidation),
(Austria),
established
(Rechtsanwalt: E. Roehlich), Intracom SA Hellenic Telecommu-
nications & Electronic Industry, established in Athens (Greece),
(avocats: M. Lienemeyer, U. Zinsmeister and D. Waelbroeck),
ISION Sales + Services GmbH & Co. KG (in liquidation), estab-
lished in Hamburg (Germany), (Rechtsanwälte: H. Fialski and T.
Delhey), Euram-Kamino GmbH, established in Hallbergmoos
(Germany),
(Rechtsanwälte: M. Hallweger and R. Lutz), HSH
Nordbank AG, formerly Landesbank Kiel Girozentrale, estab-
lished in Kiel
(Rechtsanwälte: B. Treibmann and
E. Meincke), and InterTeam GmbH (in liquidation), established
in Itzehoe (Germany),
(Rechtsanwälte: M. Hallweger and R.
Lutz) — application under Article 238 EC brought on
12 August 2002 — the Court (First Chamber), composed of P.
Jann, President of
the Chamber, R. Silva de Lapuerta, K.
Lenaerts, S. von Bahr and K. Schiemann (Rapporteur), Judges;
J. Kokott, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 17 March 2005,
in which it:

(Germany),

1. Dismisses the application;

C 143/6

EN

Official Journal of the European Union

11.6.2005

2. Dismisses the counterclaim by Intracom SA Hellenic Telecommu-

nications & Electronic Industry;

3. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 289 of 23.11.2002.

in the

paid by employers established in other Member States to their
construction industry who are posted to
employees
the general bonus granted to
Germany, with the exception of
the Federal Republic of
workers in the construction industry,
its obligations under Article 3 of
Germany has failed to fulfil
Directive 96/71/EC of
the
Council of 16 December 1996 concerning the posting of workers
in the framework of the provision of services;

the European Parliament and of

2. Dismisses the remainder of the action;

3. Orders each party to bear its own costs.

JUDGMENT OF THE COURT

(1) OJ C 305 of 07.12.2002.

(First Chamber)

of 14 April 2005

in Case C-341/02: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directive
96/71/EC — Posting of workers in the framework of the
provision of services — Undertakings in the construction
industry — Minimum wages — Comparison between the
minimum wage established by the provisions of the Member
State to the territory of which a worker is posted and the
remuneration actually paid by his employer established in
another Member State — Failure to take into account, as
constituent elements of the minimum wage, all of the allow-
ances and supplements paid by the employer established in
another Member State)

(2005/C 143/04)

JUDGMENT OF THE COURT

(Grand Chamber)

of 26 April 2005

in Case C-376/02 Reference for a preliminary ruling from
the Hoge Raad der Nederlanden Stichting ‘Goed Wonen’ v
Staatssecretaris van Financiën (1)

(Turnover tax — Common system of value added tax —
Article 17 of Sixth Directive 77/388/EEC — Deduction of
input tax — Amendment of national legislation — Retroac-
tive effect — Principles of the protection of legitimate expec-
tations and legal certainty)

(Language of the case: German)

(2005/C 143/05)

In Case C-341/02, Commission of the European Communities
(Agents: J. Sack and H. Kreppel) v Federal Republic of Germany
(Agents: W.-D. Plessing and A. Tiemann) — action for failure
to fulfil obligations under Article 226 EC, brought on 25
September 2002, — the Court (First Chamber), composed of P.
Jann, President of
the Chamber, A. Rosas (Rapporteur), K.
Lenaerts, S. von Bahr and K. Schiemann, Judges; D. Ruiz-Jarabo
Colomer, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 14 April 2005, in
which it:

1. Declares that, by failing to recognise as constituent elements of the
minimum wage allowances and supplements which do not alter
the relationship between the service provided by a worker and the
consideration which that worker receives in return, and which are

(Language of the case: Dutch)

In Case C-376/02: reference for a preliminary ruling under
Article 234 EC from the Hoge Raad der Nederlanden (Nether-
lands), made by decision of 18 October 2002, received at the
Court on 21 October 2002, in the proceedings pending before
that court between Stichting ‘Goed Wonen’ and Staatssecre-
taris van Financiën — the Court (Grand Chamber), composed
of V. Skouris, President, P. Jann, C.W.A. Timmermans, A. Rosas
(Rapporteur), R. Silva de Lapuerta and A. Borg Barthet, Presi-
dents of Chambers, N. Colneric, S. von Bahr, J.N. Cunha Rodri-
gues, P. Kūris, E. Juhász, G. Arestis and M. Ilešič, Judges; A.
Tizzano, Advocate General, M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 26 April 2005,
the operative part of which is as follows: