Judgment of the Court (Fourth Chamber) of 8 September 2005 in Case C-278/04: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directives 2001/88/EC and 2001/93/EC — Animal health — Protection of pigs — Failure to transpose)
Date: 2005-10-29
Institutions: Court of Justice
Subjects: European Commission, European standard, Germany, action for failure to fulfil an obligation, foodstuffs legislation, health legislation, national implementing measure, swine

C 271/8

EN

Official Journal of the European Union

29.10.2005

Stops made by a ship in the ports of a third country during which
passengers may leave the ship, even for a short period, are 'stops in a
third territory' within the meaning of Article 8(1)(c) 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, as amended
by Council Directive 92/111/EEC of 14 December 1992 amending
Directive 77/388/EEC and introducing simplification measures with
regard to value added tax.

(1) OJ C 106 of 30. 04. 2004.

JUDGMENT OF THE COURT

(Second Chamber)

of 8 September 2005

in Case C-129/04 Reference for a preliminary ruling from
the Conseil d'État: Espace Trianon SA, Société wallonne
de location-financement SA (Sofibail) v Office communau-
taire et régional de la formation professionnelle et de l'em-
ploi (FOREM) (1)

(Public procurement — Directive 89/665/EEC — Review
procedures concerning the award of public contracts —
Persons to whom review procedures must be available —
Tender by a consortium — Prohibition against members of a
consortium bringing an action individually — Meaning of
'interest in obtaining a public contract')

(2005/C 271/14)

(Language of the case: French)

In Case C-129/04: reference for a preliminary ruling under
Article 234 EC from the Conseil d'État (Belgium), made by deci-
sion of 25 February 2004, received at the Court on 9 March
2004, in the proceedings between Espace Trianon SA, Société
wallonne de location-financement SA (Sofibail) and Office
communautaire et régional de la formation professionnelle et
de
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
C. Gulmann (Rapporteur), R. Schintgen, G. Arestis and J.
Judges; C. Stix-Hackl, Advocate General; K. Sztranc,
Klučka,
Administrator,
the Registrar, gave a judgment on 8
September 2005, the operative part of which is as follows:

(FOREM) — the Court

l'emploi

for

1. Article 1 of Council Directive 89/665/EEC of 21 December
1989 on the coordination of the laws, regulations and adminis-
trative provisions relating to the application of review procedures
to the award of public supply and public works contracts, as
amended by Council Directive 92/50/EEC of 18 June 1992
relating to the coordination of procedures for the award of public
service contracts is to be interpreted as not precluding national law
from providing that only the members of a consortium without
legal personality which has participated, as such, in a procedure
for the award of a public contract and has not been awarded that
contract, acting together, may bring an action against the decision
awarding the contract and not just one of its members individu-
ally.

2. The same is true if all the members of such a consortium act
together but the application of one of its members is held inadmis-
sible.

(1) OJ C 106 of 30. 04. 2005.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 September 2005

in Case C-278/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directives
2001/88/EC and 2001/93/EC — Animal health — Protection
of pigs — Failure to transpose)

(2005/C 271/15)

(Language of the case: German)

In Case C-278/04 Commission of the European Commu-
nities (Agents: G. Braun and A. Bordes) v Federal Republic of
Germany (Agent: A. Tiemann) — action under Article 226 EC
for failure to fulfil obligations, brought on 29 June 2004 — the
Court (Fourth Chamber), composed of K. Lenaerts, President of
the Chamber, M. Ilešič and E. Levits (Rapporteur), Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, gave a
judgment on 8 September 2005, in which it:

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