Judgment of the Court (First Chamber) of 8 September 2005 in Case C-288/04, Reference for a preliminary ruling from the Unabhängiger Finanzsenat, Außenstelle Wien, AB v Finanzamt für den 6., 7. und 15. Bezirk (Protocol on the Privileges and Immunities of the European Communities — Staff regulations — Conditions of employment applicable to other servants — Local member of staff at the representation of the Commission in Austria — Tax treatment)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: European official, Protocol (EU), interpretation of the law, servant (EU), tax authorities, tax collection, tax on employment income

29.10.2005

EN

Official Journal of the European Union

C 271/9

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Council Direc-
tive 2001/88/EC of 23 October 2001 and Commission Directive
2001/93/EC of 9 November 2001 amending Directive
91/630/EEC laying down minimum standards for the protection
of pigs, the Federal Republic of Germany has failed to fulfil its
obligations under those directives;

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

(1) OJ C 228 of 11.9.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 8 September 2005

in Case C-288/04, Reference for a preliminary ruling from
the Unabhängiger Finanzsenat, Außenstelle Wien, AB v
Finanzamt für den 6., 7. und 15. Bezirk (1)

(Protocol on the Privileges and Immunities of the European
Communities — Staff regulations — Conditions of employ-
ment applicable to other servants — Local member of staff at
the representation of the Commission in Austria — Tax
treatment)

(2005/C 271/16)

(Language of the case: German)

In Case C-288/04: reference for a preliminary ruling under
Article 234 EC from the Unabhängiger Finanzsenat, Außen-
stelle Wien (Austria), made by decision of 28 June 2004,
in the proceedings
received at the Court on 6 July 2004,
between AB and Finanzamt für den 6., 7. und 15. Bezirk —
the Court (First Chamber) composed of P. Jann, President of the
Chamber, K. Lenaerts, K. Schiemann, E. Juhász (Rapporteur)
Judges; L.A. Geelhoed, Advocate General; R.
and M.
Grass, Registrar, gave a judgment on 8 September 2005, the
operative part of which is as follows:

Ilešič,

For the purposes of applying Articles 13 and 16 of the Protocol on
the Privileges and Immunities of the European Communities, the deci-
sion of a Community institution defining the status of one of its
servants and determining his conditions of employment is binding on

national judicial and administrative authorities, so that they cannot
make an independent classification of the employment relationship in
question.

(1) OJ C 251, 09.10.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 September 2005

in Case C-427/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2001/16/EC — Trans-European networks — Interoperability
of the trans-European conventional rail system — Failure to
implement)

(2005/C 271/17)

(Language of the case: Greek)

In Case C-427/04 Commission of the European Communities
(Agents: W. Wils and G. Zavvos) v Hellenic Republic (Agent: N.
Dafniou) — action under Article 226 EC for failure to comply
with obligations, brought on 5 October 2004 — the Court
(Fourth Chamber), composed of K. Lenaerts, President of the
Chamber, M. Ilešič and E. Levits (Rapporteur), Judges; J. Kokott,
Advocate General; R. Grass, Registrar, gave a judgment on 8
September 2005, in which it:

1. Declares that, by not adopting all

the laws, regulations and
administrative provisions necessary to comply with Directive
2001/16/EC of the European Parliament and of the Council of
19 March 2001 on the interoperability of the trans-European
conventional rail system, the Hellenic Republic has failed to fulfil
its obligations under that directive;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 6 of 08.01.2005