Case C-158/05: Action brought on 6 April 2005 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2005-06-11
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, airport, noise protection

C 143/26

EN

Official Journal of the European Union

11.6.2005

2. Is confirmation of sound and fair marketable quality within
the meaning of the first sentence of Article 13 of Commis-
sion Regulation (EEC) No 3665/87 (2) of 27 November
1987 laying down common detailed rules for the applica-
tion of
refunds on agricultural
products, given in a national application for payment, infor-
mation for the purposes of the second subparagraph of
Article 11(1) of Regulation (EC) No 3665/97 in conjunction
with Article 3 of Regulation (EC) No 3665/97?

the system of export

(1) OJ L 302, p. 1
(2) OJ L 351, p. 1.

Action brought on 5 April 2005 by the Commission of the
European Communities against the Republic of Austria

(Case C-153/05)

(2005/C 143/39)

(Language of the case: German)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 5 April
2005 by the Commission of the European Communities, repre-
sented by Gerald Braun, with an address for service in Luxem-
bourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to transpose Directive
2002/30/EC of the European Parliament and of the Council
of 26 March 2002 on the establishment of rules and proce-
dures with regard to the introduction of noise-related oper-
ating restrictions at Community airports (1) and,
in any
event, by failing to communicate them to the Commission,
the Republic of Austria has failed to fulfil
its obligations
under the EC Treaty and that directive;

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

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 28 September 2003.

(1) OJ L 85, 28.03.2002, p. 40.

Reference for a preliminary ruling from the Verwaltungs-
gerichtshof (Austria) by order of that court of 28 January
2005 in Winfried L. Holböck v Finanzamt Salzburg-Land

(Case C-157/05)

(2005/C 143/40)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
the Verwaltungsgerichtshof
(Austria) of 28 January 2005, received at the Court Registry on
7 April 2005,
for a preliminary ruling in the proceedings
between Winfried L. Holböck and Finanzamt Salzburg-Land on
the following question:

Do the provisions relating to the free movement of capital
(Article 56 et seq. EC) preclude national legislation in force on
31 December 1993 (and remaining in force after Austria's
accession to the EU on 1 January 1995), according to which
dividends from inland shares are taxed at a rate of half the
average tax rate applicable to the aggregate income, whereas
dividends from a public limited company established in a third
country (in the main proceedings, Switzerland), in which the
taxable person holds two-thirds of the shares, are invariably
taxed at the standard rate of income tax?

Action brought on 6 April 2005 by the Commission of the
European Communities against the Federal Republic of
Germany

(Case C-158/05)

(2005/C 143/41)

(Language of the case: German)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Commu-
nities on 6 April 2005 by the Commission of the European
Communities, represented by G. Braun and M. Huttunen,
acting as Agents, with an address for service in Luxembourg.

11.6.2005

EN

Official Journal of the European Union

C 143/27

The Commission of the European Communities claims that the
Court should:

of the European Communities on 8 April 2005 by Entorn,
Societat Limitada Enginyeria I Seveis.

1. declare that, by failing the adopt the laws, regulations and
administrative provisions necessary to transpose Directive
2002/30/EC of the European Parliament and of the Council
of 26 March 2002 on the establishment of rules and proce-
dures with regard to the introduction of noise-related oper-
ating restrictions at Community airports (1) and,
in any
event, by failing to communicate them to the Commission,
the Federal Republic of Germany has failed to fulfil its obli-
gations under the EC Treaty and that directive.

2. order the Federal Republic of Germany to pay the costs.

The appellant claims that the Court should:

1. Uphold the pleas in law put forward by the appellant in its
appeal and annul in its entirety the judgment of the Court
of First
Instance of 18 January 2005 (Case T-141/01)
dismissing its action for the annulment of Decision C(1999)
534 of the European Commission of 4 March 1999, and

2. Order the Commission to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 28 September 2003.

Pleas and main arguments

(1) OJ L 85, 28.03.2002, p. 40

The appellant puts forward three pleas in law:

in that

that court

1. Impropriety of the proceedings before the Court of First
refused to accept certain
Instance,
evidence from the applicant — which, in the circumstances
of the case, the applicant considered to be decisive — and
the applicant was not given any opportunity to request in
the proceedings before the Court of First Instance that that
impropriety be rectified, with the result that its interests
were severely impaired and it was prevented from fully exer-
cising its rights of defence — paragraphs 132 to 138 of the
judgment.

Appeal brought on 8 April 2005 by Entorn, Societat
Limitada Enginyeria I Seveis against the judgment deliv-
ered on 18 January 2005 by the Second Chamber of the
Court of First Instance of the European Communities in
Case T-141/01 between Entorn, Societat Limitada Engi-
nyeria I Seveis and Commission of the European Commu-
nities

(Case C-162/05 P)

(2005/C 143/42)

(Language of the case: Spanish)

An appeal against the judgment delivered on 18 January 2005
by the Second Chamber of the Court of First Instance of the
European Communities in Case T-141/01 between Entorn,
Societat Limitada Enginyeria I Seveis and Commission of the
European Communities was brought before the Court of Justice

incorrect

2. Breach of the general legal principle of the presumption of
innocence. The examination, evaluation and interpretation
of the facts by the Court of First Instance, which was mani-
festly
foundation,
prompted it to base its judgment on reasons which mani-
festly ran counter to the general
legal principle as to the
presumption of innocence, which is enjoyed by all persons
until such time as a final judgment is delivered against them
in criminal proceedings.

sometimes without

and

3. Incorrect legal classification by the Court of First Instance of
the applicant as the entity responsible for repaying the aid
granted to the Zumaque project, under Article 24 of Regu-
lation (EEC) 4253/88 and the decision as to withdrawal. The
appellant considers that the Court of First Instance erred in
law by stating that Entorn, Societat Limitada Enginyeria I
Seveis — the appellant — was the entity required to repay
the aid received under Commission Decision C (1999) 534
of 4 March 1999.