Judgment of the Court (Second Chamber) of 7 July 2005 in Case C-364/03: Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil its obligations — Directive 84/360/EEC — Atmospheric pollution — Industrial plant — Electricity power station)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, environmental protection, industrial pollution, power plant

3.9.2005

EN

Official Journal of the European Union

C 217/9

JUDGMENT OF THE COURT

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 239 of 04.10.2003.

(Grand Chamber)

of 21 July 2005

in Case C-349/03: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

JUDGMENT OF THE COURT

(Failure of a Member State to fulfil obligations — Directive
77/799/EEC — Mutual assistance by the competent authori-
ties — Fields of VAT and excise duties — Partial transposi-
tion — Territory of Gibraltar)

(Second Chamber)

of 7 July 2005

(2005/C 217/16)

in Case C-364/03: Commission of the European Commu-
nities v Hellenic Republic (1)

(Language of the case: English)

(Failure of a Member State to fulfil its obligations — Direc-
tive 84/360/EEC — Atmospheric pollution — Industrial
plant — Electricity power station)

In Case C-349/03: Commission of the European Communities
(Agent: R. Lyal), supported by: Kingdom of Spain (Agent: N.
Díaz Abad) v United Kingdom of Great Britain and Northern
Ireland (Agents: K. Manji and R. Caudwell, assisted by D. Wyatt
QC) — action under Article 226 EC for failure to fulfil obliga-
tions, brought on 7 August 2003 — the Court
(Grand
Chamber), composed of V. Skouris, President, P. Jann, A. Rosas,
R. Silva de Lapuerta and A. Borg Barthet, Presidents of Cham-
bers, R. Schintgen, N. Colneric (Rapporteur), S. von Bahr, J.N.
Cunha Rodrigues, G. Arestis, M. Ilešič, J. Malenovský and J.
Klučka, Judges; A. Tizzano, Advocate General; R. Grass, Regis-
trar, gave a judgment on 21 July 2005, in which it:

1. Declares that, by failing to implement in the territory of Gibraltar,
in the fields of value added tax and excise duties, Council Directive
77/799/EEC of 19 December 1977 concerning mutual assistance
by the competent authorities of the Member States in the field of
direct and indirect
taxation, as amended by Council Directive
79/1070/EEC of 6 December 1979 and by Council Directive
92/12/EEC of 25 February 1992 on the general arrangements
for products subject to excise duty and on the holding, movement
and monitoring of such products, the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obligations
under the EC Treaty;

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs;

(2005/C 217/17)

(Language of the case: Greek)

In Case C-364/03, action under Article 226 EC for failure to
fulfil obligations, brought on 22 August 2003, Commission of
the European Communities (Agents: G. Valero Jordana and
M. Konstantinidis) v Hellenic Republic (Agent: E. Skandalou),
the Court (Second Chamber), composed of C.W.A. Timmer-
the Chamber, R. Silva de Lapuerta, R.
mans, President of
Schintgen (Rapporteur), P. Kūris and G. Arestis,
Judges; A.
Tizzano, Advocate General; L. Hewlett, Principal Administrator,
for the Registrar, gave a judgment on 7 July 2005, in which it:

1. Declares that, by not defining the policies or strategies for progres-
sively adapting in line with the best available technology the steam
turbine units and the gas turbine units of the power station oper-
ated by the Dimosia Epicheirisi
Ilektrismou (public electricity
undertaking) situated in Linoperamata on the Island of Crete, the
Hellenic Republic has failed to fulfil its obligations under Article
13 of Council Directive 84/360/EEC of 28 June 1984 on the
combating of air pollution from industrial plants;

C 217/10

EN

Official Journal of the European Union

3.9.2005

2. Orders the Hellenic Republic to pay the costs.

JUDGMENT OF THE COURT

(1) OJ C 251 of 18.10.2003.

(Fifth Chamber)

of 7 July 2005

JUDGMENT OF THE COURT

(Third Chamber)

of 21 July 2005

in Case C-373/03: Reference for a preliminary ruling from
the Verwaltungsgericht Freiburg in Ceyhun Aydinli v Land
Baden-Württemberg (1)

(EEC-Turkey Association — Free movement of workers —
Decision No 1/80 of the Association Council — Articles 6
and 7 — Criminal conviction — Prison sentence — Effect on
right of residence)

in Case C-370/03: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Financial treatment to be applied in the context
of clearance of expenditure financed)

(2005/C 217/18)

(Language of the case: Greek)

In Case C-370/03: Hellenic Republic (Agents: G. Kanello-
poulos and V. Kontolaimos) v Commission of the European
Communities (Agent: M. Condou-Durande, assisted by N.
Korogiannakis) — ACTION for annulment under Article 230
EC, brought on 27 August 2003 — the Court
(Third
Chamber), composed of A. Rosas (Rapporteur), President of the
Chamber, J.-P. Puissochet, S. von Bahr, U. Lõhmus and A. Ó
Caiomh, Judges; D. Ruiz-Jarabo Colomer, Advocate General; H.
von Holstein, Deputy Registrar, for the Registrar, gave a judg-
ment on 21 July 2005, in which it:

1. Annuls Commission Decision 2003/481/EC of 27 June 2003
on the financial treatment to be applied, in the context of clearance
of expenditure financed by the European Agricultural Guidance
and Guarantee Fund Guarantee Section, in certain cases of irregu-
in so far as it relates to the amount of
larity by operators,
GRD 14 272 278 (EUR 41 884.90) mentioned in Annex I
thereto, headed ‘Amounts to be charged to the national budget’;

2. Orders each party to bear its own costs.

(1) OJ C 251, 18.10.2003.

(2005/C 217/19)

(Language of the case: German)

In Case C-373/03: reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgericht
Freiburg
(Germany), made by decision of 12 March 2003, received at
the Court on 5 September 2003, in the proceedings between
Ceyhun Aydinli and Land Baden-Württemberg — the Court
(Fifth Chamber), composed of R. Silva de Lapuerta, President of
the Chamber, R. Schintgen (Rapporteur) and P. Kūris, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
gave a judgment on 7 July 2005, in which it ruled:

A Turkish national who enjoys the right of free access to any paid
employment of his choice under the second indent of the first sentence
of Article 7 of Decision No 1/80 of 19 September 1980 on the
development of the Association, adopted by the Association Council
set up by the Agreement establishing an Association between the
European Economic Community and Turkey, does not forfeit that
right either as a result of his prolonged absence from the labour
market due to imprisonment, even for a period of several years
followed by long-term drug treatment, or on account of the fact that
at the time of the decision to expel him he was an adult and no
longer resided with the Turkish worker from whom he derived his
right of residence but lived independently.

(1) OJ C 21 of 24.1.2005.