Judgment of the Court (Fourth Chamber) of 28 April 2005 in Case C-410/03: Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 1999/95/EC — Seafarers' hours of work on board ships — Failure to transpose within the prescribed period)
Date: 2005-07-09
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, crew, organisation of work, rest period, working time

C 171/2

EN

Official Journal of the European Union

9.7.2005

(C-387/02), Sergio Adelchi

at the Court on 28 October 2002, 12 November 2002 and 8
in the criminal proceedings
November 2002 respectively,
against Silvio Berlusconi
(C-391/
02), Marcello Dell'Utri and Others (C-403/02) — the Court
(Grand Chamber), composed of V. Skouris, President of the
Chamber, P. Jann, C.W.A. Timmermans (Rapporteur), A. Rosas
and A. Borg Barthet, Presidents of Chambers, J.-P. Puissochet,
R. Schintgen, N. Colneric, S. von Bahr, M. Ilešič, J. Malenovský,
U. Lõhmus and E. Levits, Judges; J. Kokott, Advocate General;
L. Hewlett, Principal Administrator, for the Registrar, gave a
judgment on 3 May 2005, the operative part of which is as
follows:

In a situation such as that in issue in the main proceedings, First
Council Directive 68/151/EEC of 9 March 1968 on coordination of
safeguards which, for the protection of the interests of members and
others, are required by Member States of companies within the
meaning of the second paragraph of Article 58 of the Treaty, with a
view to making such safeguards equivalent
the Com-
munity, cannot be relied on as such against accused persons by the
authorities of a Member State within the context of criminal proceed-
ings, in view of the fact that a directive cannot, of itself and indepen-
dently of national
legislation adopted by a Member State for its
implementation, have the effect of determining or increasing the crim-
inal liability of those accused persons.

throughout

(1) OJ C 19 of 25.01.2003.

between St. Paul Dairy Industries NV and Unibel Exser
BVBA — the Court (First Chamber), composed of P.
Jann
(Rapporteur), President of the Chamber, N. Colneric, J.N. Cunha
Judges; D. Ruiz-Jarabo
Rodrigues, M.
Colomer, Advocate General, M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 28 April 2005,
the operative part of which is as follows:

Ilešič and E. Levits,

Article 24 of the Convention of 27 September 1968 on Jurisdiction
and the Enforcement of Judgments in Civil and Commercial Matters,
as amended by the Convention of 9 October 1978 on the Accession
of the Kingdom of Denmark, of Ireland and of the United Kingdom
of Great Britain and Northern Ireland, by the Convention of 25
October 1982 on the Accession of the Hellenic Republic, by the
Convention of 26 May 1989 on the Accession of the Kingdom of
Spain and the Portuguese Republic and by the Convention of 29
November 1996 on the Accession of the Republic of Austria, the
Republic of Finland and the Kingdom of Sweden, must be interpreted
as meaning that a measure ordering the hearing of a witness for the
purpose of enabling the applicant to decide whether to bring a case,
determine whether it would be well founded and assess the relevance of
evidence which might be adduced in that regard is not covered by the
notion of ‘provisional, including protective, measures’.

(1) JO C 101, 26.04.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 28 April 2005

in Case C-104/03: Reference for a preliminary ruling from
the Gerechtshof te Amsterdam St. Paul Dairy Industries
NV v Unibel Exser BVBA (1)

(Brussels Convention — Provisional,

including protective,

measures — Hearing of witnesses)

(2005/C 171/03)

(Language of the case: Dutch)

JUDGMENT OF THE COURT

(Fourth Chamber)

of 28 April 2005

in Case C-410/03: Commission of the European Commu-
nities v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Directive
1999/95/EC — Seafarers' hours of work on board ships —
Failure to transpose within the prescribed period)

(2005/C 171/04)

(Language of the case: Italian)

In Case C-104/03: Reference for a preliminary ruling pursuant
to the Protocol of 3 June 1971 on the interpretation by the
Court of Justice of the Convention of 27 September 1968 on
Jurisdiction and the Enforcement of Judgments in Civil and
Commercial Matters
te Amsterdam
(Netherlands), made by decision of 12 December 2002,
received at the Court on 6 March 2003, in the proceedings

from the Gerechtshof

In Case C-410/03, Commission of the European Communities
(Agents: K. Banks and K. Simonsson) v Italian Republic (Agent:
I.M. Braguglia, assisted by A. Cingolo) — action under Article
226 EC for failure to fulfil obligations, brought on 1 October
2003 — the Court (Fourth Chamber), composed of K. Lenaerts,
President of the Chamber, N. Colneric (Rapporteur) and J.N.
Cunha Rodrigues, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; R. Grass, Registrar, gave a judgment on 28 April
2005, in which it:

9.7.2005

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Official Journal of the European Union

C 171/3

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Articles 3 to 7,
8(2) and 9 of Directive 1999/95/EC of the European Parliament
and of the Council of 13 December 1999 concerning the enforce-
ment of provisions in respect of seafarers' hours of work on board
ships calling at Community ports, the Italian Republic has failed
to fulfil its obligations under that directive;

necessary

provisions

1. Declares that by failing to adopt the laws, regulations and admin-
istrative
comply with Directive
2001/29/EC of the European Parliament and of the Council of
22 May 2001 on the harmonisation of certain aspects of copy-
right and related rights in the information society, the Kingdom of
Spain has failed to fulfil its obligations under that directive

to

2. Dismisses the remainder of the action;

3. Orders the Italian Republic to pay the costs.

(1) OJ C 304 of 13.12.2003.

2. Orders the Kingdom of Spain to pay the costs

(1) OJ C 71 of 20.03.2004.

JUDGMENT OF THE COURT

(Third Chamber)

of 28 April 2005

in Case C-31/04: Commission of the European Commu-
nities v Kingdom of Spain (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/29/EC — Harmonisation of certain aspects of
copyright and related rights in the information society —
Failure to transpose within the period prescribed)

(2005/C 171/05)

(Language of the case: Spanish)

JUDGMENT OF THE COURT

(Fourth Chamber)

of 12 May 2005

in Case C-42/04: Reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven in
Maatschap J. B. en R. A. M. Elshof v Minister van Land-
bouw, Natuur en Voedselkwaliteit (1)

(Foot and mouth disease — Regulation (EC) No 1046/2001
— Grant of aid for the delivery of animals destined for
rendering — Upper limit of aid determined on the basis of
the average weight of animals per batch)

(2005/C 171/06)

(Language of the case: Dutch)

In Case C-31/04: Commission of the European Communities
(Agents: K. Banks and F. Castillo de la Torre) v Kingdom of
Spain (Agent: M. Muñoz Pérez) — Action for failure to fulfil
obligations under Article 226 EC, brought on 29 March 2004
— the Court (Third Chamber), composed of A. Rosas, President
of the Chamber, A. Borg Barthet, A. La Pergola, J. Malenovský
(Rapporteur) and A. Ó. Caoimh, Judges; A. Tizzano, Advocate
General; R. Grass, Registrar, gave a judgment on 28 April
2005, in which it:

In Case C-42/04: reference for a preliminary ruling under
Article 234 EC from the College van Beroep voor het bedrijf-
sleven (Netherlands), made by decision of 23 January 2004,
received at the Court on 3 February 2004, in the proceedings
between Maatschap J. B. en R. A. M. Elshof and Minister van
Landbouw, Natuur en Voedselkwaliteit — the Court (Fourth
Chamber), composed of K. Lenaerts (Rapporteur), President of
Judges; M. Poiares
the Chamber, N. Colneric and E. Levits,
Maduro, Advocate General; M.-F. Contet, Principal Adminis-
trator, for the Registrar, gave a judgment on 12 May 2005, the
operative part of which is as follows: