Judgment of the Court (Second Chamber) of 30 June 2005 in Case C-295/03 P: Alessandrini Srl and Others v Commission of the European Communities (Appeal — Bananas — Third-country imports — Regulation (EC) No 2362/98 — Import licences for bananas from ACP States — Measures under Article 20(d) of Regulation (EEC) No 404/93 — Non-contractual liability of the Community)
Date: 2005-08-20
Institutions: Court of Justice
Subjects: European Commission, Italy, appeal, import (EU), import licence, third country, tropical fruit

C 205/2

EN

Official Journal of the European Union

20.8.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 30 June 2005

in Case C-165/03 (Reference for a preliminary ruling from
Landgericht Stuttgart): Mathias Längst, interested parties
SABU Schuh & Marketing GmbH and Others (1)

(Directive 69/335/EEC — Indirect taxes on the raising of
capital — Notary's charges — Notary employed as a civil
servant — Payment to the State of a fixed portion of the
charges)

(2005/C 205/02)

(Second Chamber)

of 12 May 2005

in Case C-287/03: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of Member State to fulfil obligations — Freedom to
provide services — Customer loyalty programmes — Burden
of proof)

(2005/C 205/03)

(Language of the case: French)

In Case C-287/03, Commission of the European Communities
(Agents: M. Patakia and N.B. Rasmussen) v Kingdom of
Belgium (Agents: E. Dominkovits, assisted by E. Balate, avocat)
— action under Article 226 EC for failure to fulfil obligations,
brought on 3 July 2003 — the Court
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
R. Silva de Lapuerta (Rapporteur), R. Schintgen, P. Kūris and G.
Arestis, Judges; P. Léger, Advocate General; L. Hewlett, Principal
Administrator, for the Registrar, gave a judgment on 12 May
2005, in which it:

(Language of the case: German)

1. Dismisses the action;

in the proceedings Mathias Längst,

In Case C-165/03: reference for a preliminary ruling under
Article 234 EC from the Landgericht Stuttgart
(Germany),
made by decision of 7 April 2003, received at the Court on 10
April 2003,
interested
parties: SABU Schuh & Marketing GmbH, Präsident des
Landgerichts Stuttgart, Bezirksrevisor des Landgerichts
Stuttgart, the Court: (Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, R. Schintgen (Rapporteur)
and J. Makarczyk, Judges; A. Tizzano, Advocate General; M.-F.
Contet, Principal Administrator, for the Registrar, gave a judg-
ment on 30 June 2005, the operative part of which is as
follows:

Council Directive 69/335/EEC of 17 July 1969 concerning indirect
taxes on the raising of capital, as amended by Council Directive
85/303/EEC of 10 June 1985, must be interpreted as meaning that
the charges of a notary employed as a civil servant for the drawing up
of a notarially attested act recording a transaction covered by that
directive constitute taxes for the purposes of that directive where, under
the relevant national
legislation, notaries authorised to practise are
not all civil servants and are themselves owed the charges in question,
and, in addition, those notaries who are employed as civil servants are
required to remit a portion of those charges to the public authority
which uses that revenue for the financing of its official business.

(1) OJ C 213 of 06.09.2003

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

costs.

(1) OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 30 June 2005

in Case C-295/03 P: Alessandrini Srl and Others v
Commission of the European Communities (1)

(Appeal — Bananas — Third-country imports — Regulation
(EC) No 2362/98 — Import licences for bananas from ACP
States — Measures under Article 20(d) of Regulation (EEC)
No 404/93 — Non-contractual liability of the Community)

(2005/C 205/04)

(Language of the case: Italian)

In Case C-295/03 P, Alessandrini Srl, established in Treviso
(Italy), Anello Gino di Anello Luigi & C. Snc, established in
Brescia (Italy), Arpigi SpA, established in Padua (Italy), Best-
fruit Srl, established in Milan (Italy), Co-Frutta SpA, estab-
lished in Padua, Co-Frutta Soc. coop. arl, established in Padua,

20.8.2005

EN

Official Journal of the European Union

C 205/3

Dal Bello Sife Srl, established in Padua, Frigofrutta Srl, estab-
lished in Palermo (Italy), Garletti Snc, established in Bergamo
(Italy), London Fruit Ltd, established in London (United
(Lawyers: W. Viscardini Donà and G. Donà), the
Kingdom)
other party to the proceedings being the Commission of the
European Communities
and L.
Visaggio, and A. Dal Ferro, lawyer) — appeal under Article 56
of the Statute of the Court of Justice, brought on 2 July 2003
— the Court (Second Chamber), composed of C.W.A. Timmer-
mans, President of the Chamber, C. Gulmann, R. Schintgen
(Rapporteur), G. Arestis and J. Klučka, Judges; D. Ruiz-Jarabo
Colomer, Advocate General: M. Ferreira, Principal Adminis-
in
trator, for Registrar, gave a judgment on 30 June 2005,
which it:

(Agents: C. Cattabriga

1. Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 10 April 2003 in Joined Cases T-93/00
and T-46/01 Alessandrini and Others v Commission;

2. Dismisses

the applications brought before the Court of First
Instance of the European Communities in Cases T-93/00 and T-
46/01;

3. Orders Alessandrini Srl, Anello Gino di Anello Luigi & C. Snc,
Arpigi SpA, Bestfruit Srl, Co-Frutta SpA, Co-Frutta Soc. coop.
arl, Dal Bello Sife Srl, Frigofrutta Srl, Garletti Snc and London
Fruit Ltd to pay the costs incurred both at first instance and in
connection with the appeal.

Jari-Antero Viljaniemi, Veli-Matti Paananen against Vahinkova-
kuutusosakeyhtiö Pohjola, Jarno Ruokoranta, the Court (First
Chamber), composed of P. Jann, President of the Chamber, K.
Lenaerts, J.N. Cunha Rodrigues (Rapporteur), E. Juhász and M.
Ilešič,
Judges; L.A. Geelhoed, Advocate General; H. von
Holstein, Deputy Registrar, for the Registrar, gave a judgment
on 30 June 2005, in which it ruled:

In circumstances such as those in the main proceedings, Article 2(1)
of Second Council Directive 84/5/EEC of 30 December 1983 on the
approximation of the laws of the Member States relating to insurance
against civil liability in respect of the use of motor vehicles and Article
1 of Third Council Directive 90/232/EEC of 14 May 1990 on the
approximation of the laws of the Member States relating to insurance
against civil liability in respect of the use of motor vehicles, preclude a
national rule which allows the compensation borne by the compulsory
motor vehicle insurance to be refused or limited in a disproportionate
manner on the basis of the passenger's contribution to the injury or
loss he has suffered. The fact that the passenger concerned is the
owner of the vehicle the driver of which caused the accident is irrele-
vant.

(1) OJ C 59 of 06.03.2004

(1) OJ C 213 of 06.09.2003

JUDGMENT OF THE COURT

(Third Chamber)

of 12 May 2005

JUDGMENT OF THE COURT

(First Chamber)

of 30 June 2005

in Case C-537/03: Reference for a preliminary ruling from
the Korkein Oikeus in Katja Candolin and Others. v Vahin-
kovakuutusosakeyhtiö Pohjola and Others (1)

(Compulsory motor vehicle insurance — Directives 84/5/EEC
and 90/232/EEC — Rules on civil liability — Passenger's
contribution to the loss or injury — Refusal or limitation of
the right to compensation)

(2005/C 205/05)

(Language of the case: Finnish)

In Case C-537/03: reference for a preliminary ruling under
Article 234 EC from the Korkein Oikeus (Finland), made by
decision of 19 December 2003, received at the Court on 22
December 2003, in the proceedings between Katja Candolin,

in Case C-542/03: Reference for a preliminary ruling from
the Bundesfinanzhof in Hauptzollamt Hamburg-Jonas v
Milupa GmbH & Co. KG (1)

(Agriculture — Export refunds — Agricultural products
which are processed and incorporated into goods not covered
by Annex II of the EC Treaty (now, after amendment, Annex
I EC) — Inaccurate declaration — Sanction)

(2005/C 205/06)

(Language of the case: German)

In Case C-542/03: reference for a preliminary ruling under
Article 234 EC from the Bundesfinanzhof (Germany), made by
decision of 18 November 2003, received at the Court on 23
December 2003,
in the proceedings between Hauptzollamt
Hamburg-Jonas and Milupa GmbH & Co. KG — the Court
(Third Chamber), composed of A. Rosas (Rapporteur), President
of the Chamber, A. La Pergola, J.-P. Puissochet, U. Lõhmus and
A. Ó Caoimh, Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 12 May 2005, in which it ruled: