Judgment of the Court (Second Chamber) of 14 July 2005 in Case C-386/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Airports — Groundhandling — Directive 96/67/EC)
Date: 2005-09-03
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, airport, competition, ground handling, market access, provision of services

3.9.2005

EN

Official Journal of the European Union

C 217/11

JUDGMENT OF THE COURT

the Turkish national concerned has failed to find new paid employ-
ment within a reasonable time after his release.

(Fifth Chamber)

(1) OJ C 35 of 7.2.2004.

of 7 July 2005

in Case C-383/03: Reference for a preliminary ruling from
the Verwaltungsgerichtshof in Ergül Dogan v Sicherheits-
direktion für das Bundesland Vorarlberg (1)

(EEC-Turkey Association — Free movement of workers —
Decision No 1/80 of the Association Council — Article 6(1),
third indent, and Article 6(2) — Duly registered as belonging
to the labour market of a Member State — Criminal convic-
tion — Prison sentence — Effect on right of residence)

JUDGMENT OF THE COURT

(Second Chamber)

of 14 July 2005

(2005/C 217/20)

in Case C-386/03: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Language of the case: German)

(Failure of a Member State to fulfil obligations — Airports
— Groundhandling — Directive 96/67/EC)

In Case C-383/03: reference for a preliminary ruling under
Article 234 EC from the Verwaltungsgerichtshof
(Austria),
made by decision of 4 September 2003, received at the Court
on 12 September 2003,
in the proceedings between Ergül
Dogan and Sicherheitsdirektion für das Bundesland Vorarlberg
— the Court
(Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, R. Schintgen (Rapporteur)
Judges; D. Ruiz-Jarabo Colomer, Advocate
and P. Kūris,
General; R. Grass, Registrar, gave a judgment on 7 July 2005,
in which it ruled:

A Turkish worker who enjoys the right of free access to any paid
employment of his choice under the third indent of Article 6(1) of
Decision No 1/80 of 19 September 1980 on the development of the
Association, adopted by the Association Council set up by the Agree-
ment establishing an Association between the European Economic
Community and Turkey, does not forfeit that right because he is not
in employment during his imprisonment, even for several years, if his
absence from the labour market of the host Member State is only
temporary.

The employment rights conferred by that provision on the person
concerned and the concomitant right of residence may be limited only
on grounds of public policy, public security and public health pursuant
to Article 14(1) of Decision No 1/80, or on account of the fact that

(2005/C 217/21)

(Language of the case: German)

In Case C-386/03, Commission of the European Communities
(Agents: M. Huttunen and M. Niejahr) v Federal Republic of
Germany (Agents: W.-D. Plessing and A. Tiemann) — action
under Article 226 EC for failure to fulfil obligations, brought
on 12 September 2003 — the Court
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
R. Silva de Lapuerta (Rapporteur), C. Gulmann, R. Schintgen
and J. Klučka, Judges; P. Léger, Advocate General; M.-F. Contet,
Principal Administrator, for the Registrar, gave a judgment on
14 July 2005, in which it:

1. Declares that, by adopting measures contrary to Articles 16 and
18 of Council Directive 96/67/EC of 15 October 1996 on access
to the groundhandling market at Community airports, in Para-
graphs 8(2) and 9(3) of the Regulation on airport groundhand-
ling services (Verordnung über Bodenabfertigungsdienste auf Flug-
plätzen) of 10 December 1997, the Federal Republic of Germany
has failed to fulfil its obligations under that directive;

C 217/12

EN

Official Journal of the European Union

3.9.2005

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

would be entitled to do so if his former spouse were resident in
Germany.

(1) OJ C 264 of 01.11.2003.

(1) OJ C 304 of 13.12.2003.

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Grand Chamber)

of 12 July 2005

(Second Chamber)

of 14 July 2005

in Case C-403/03: Reference for a preliminary ruling from
in Egon Schempp v Finanzamt
the Bundesfinanzhof

München V (1)

in Case C-433/03: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Citizenship of the Union — Articles 12 EC and 18 EC —
Income tax — Deductibility from taxable income of mainte-
nance paid by a taxpayer resident in Germany to his former
spouse resident in Austria — Proof of taxation of the mainte-
nance payments in that Member State)

(Failure of a Member State to fulfil its obligations — Nego-
tiation, conclusion, ratification and implementation of bilat-
eral agreements by a Member State — Transport of goods or
passengers by inland waterway — External competence of the
Community — Article 10 EC — Regulations (EEC) No 3921/
91 and (EC) No 1356/96)

(2005/C 217/22)

(2005/C 217/23)

(Language of the case: German)

(Language of the case: German)

received at

In Case C-403/03: reference for a preliminary ruling under
Article 234 EC from the Bundesfinanzhof (Germany), made by
the Court on 29
decision of 22 July 2003,
September 2003, in the proceedings between Egon Schempp
and Finanzamt München V — the Court (Grand Chamber),
composed of V. Skouris, President, P. Jann, C.W.A. Timmer-
mans and A. Rosas, Presidents of Chambers, C. Gulmann, J.-P.
Puissochet, A. La Pergola, R. Schintgen, N. Colneric, J. Klučka,
U. Lõhmus, E. Levits and A. Ó Caoimh (Rapporteur), Judges;
L.A. Geelhoed, Advocate General; R. Grass, Registrar, gave a
judgment on 12 July 2005, in which it ruled:

In Case C-433/03, Commission of the European Communities
(Agents: C. Schmidt, W. Wils and A. Manville) v Federal
Republic of Germany (Agent: W.-D. Plessing, and G. Schohe,
Lawyer) — action under Article 226 EC for failure to fulfil obli-
gations, brought on 10 October 2003 — the Court (Second
Chamber), composed of C.W.A. Timmermans, President of the
Chamber, R. Silva de Lapuerta (Rapporteur), C. Gulmann, J.
Makarczyk and P. Kūris, Judges; A. Tizzano, Advocate General;
R. Grass, Registrar, gave a judgment on 14 July 2005, in which
it:

The first paragraph of Article 12 EC and Article 18(1) EC must be
interpreted as not precluding a taxpayer resident in Germany from
being unable, under national legislation such as that at issue in the
main proceedings, to deduct from his taxable income in that Member
State the maintenance paid to his former spouse resident in another
Member State in which the maintenance is not taxable, where he

1. Declares that, by ratifying and implementing:

— the agreement between the Government of the Federal Republic
of Germany and the Government of Romania on inland
waterway transport, signed in Bonn on 22 October 1991,