Judgment of the Court (Sixth Chamber) of 2 June 2005 in Case C-68/04: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 2001/81/EC — Atmospheric pollutants — National emission ceilings)
Date: 2005-07-23
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, air quality, environmental protection, environmental standard, eutrophication, pollution control, public health

23.7.2005

EN

Official Journal of the European Union

C 182/15

1. Article 25 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 is to be interpreted as meaning that
the common flat-rate scheme for farmers applies only to the supply
of agricultural products and agricultural services, as defined in
Article 25(2), and that other operations carried out by flat-rate
farmers are subject to the general scheme under that directive.

2. The fifth indent of Article 25(2) of Directive 77/388, read
together with Annex B thereto, is to be interpreted as meaning
that the grant of hunting licences by a flat-rate farmer is not an
agricultural service within the meaning of that directive.

(1) OJ C 85 of 03.04.2004.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 2 June 2005

in Case C-68/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2001/81/EC — Atmospheric pollutants — National emission
ceilings)

(2005/C 182/28)

(Language of the case: Greek)

In Case C-68/04 Commission of the European Communities
(Agents: G. Valero Jordana and M. Konstantinidis) v Hellenic
Republic (Agent: N. Dafniou) — action under Article 226 EC
for failure to fulfil obligations brought on 13 February 2004 —
the Court
(Sixth Chamber), composed of A. Borg Barthet
(Rapporteur), President of the Chamber, A. La Pergola and A. Ó
Caoimh, Judges; D. Ruiz-Jarabo Colomer, Advocate General; R.
Grass, Registrar, gave a judgment on 2 June 2005, in which it:

1. Declares that, by not adopting the laws, regulations and adminis-
trative provisions necessary to comply with Directive 2001/81/EC
of the European Parliament and of the Council of 23 October

2001 on national emission ceilings for certain atmospheric pollu-
tants,
its obligations
under Article 15(1) of that directive;

the Hellenic Republic has failed to fulfil

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 94 of 17.4.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 26 May 2005

in Case C-77/04: Reference for a preliminary ruling from
the Cour de cassation Groupement d'intérêt économique
(GIE) Réunion européenne and Others v Zurich España,
Société pyrénéenne de transit d'automobiles (Soptrans) (1)

(Brussels Convention — Request for interpretation of Article
6(2) and the provisions of Section 3, Title II — Jurisdiction
in matters relating to insurance — Third-party proceedings
between insurers — Multiple insurance situation)

(2005/C 182/29)

(Language of the case: French)

In Case C-77/04: 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 Jurisdic-
tion and the Enforcement of Judgments in Civil and Commer-
cial Matters, from the Cour de Cassation (France), made by
decision of 20 January 2004, received at the Court on 17
February 2004, in the proceedings pending before that court
between Groupement d'intérêt économique (GIE) Réunion
européenne and Others and Zurich España, Société pyrénéenne
de
(First
Chamber), composed of P. Jann, President of the Chamber, N.
Colneric, J.N. Cunha Rodrigues (Rapporteur), M. Ilešič and E.
Levits,
Jacobs, Advocate General; K.H. Sztranc,
Administrator, for the Registrar, gave a judgment on 26 May
2005, the operative part of which is as follows:

(Soptrans) — the Court

transit d'automobiles

Judges; F.G.