Judgment of the Court (First Chamber) of  20 October 2005  in Case C-334/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 90/388/EEC — Telecommunications — Article 4d — Rights of way — Lack of a guarantee of non-discrimination in the grant of rights of way — Non-transposition)
Date: 2005-12-24
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, competition, national implementing measure, tax system, telecommunications

24.12.2005

EN

Official Journal of the European Union

C 330/3

1. Bonds denominated in national currency for a term of one year
from their issue, dealt in and quoted on a stock exchange, issued
by a bank established in a Member State and belonging to that
fall within List B, Item IV A of Annex I to the First
State,
Council Directive of 11 May 1960 for the implementation of
Article 67 of the Treaty. Their acquisition and the proceeds of
their liquidation are governed by Article 2 of that directive, which
refers to List B of Annex I to the directive, which provides for the
repatriation of those proceeds.

1. Declares that, by failing to ensure the transposition of Article 4d
of Commission Directive 90/388/EEC of 28 June 1990 on
competition in the markets for telecommunications services, as
amended by Commission Directive 96/19/EC of 13 March
1996, the Portuguese Republic has failed to fulfil its obligations;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 251, de 18.10.2003.

2. The fact that an acquisition of bonds falling within List B, Item
IV A of Annex I to the First Directive was financed using balances
on current or deposit account with a credit institution, even if
falling within List D, Item IX of that annex, cannot have an
influence on the classification of the capital movement in question
under List B, Item IV A of that annex.

(1) OJ C 239 of 04.10.2003.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 27 October 2005

in Case C-387/03: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — Financial years 1999
and 2000 — Decision 2003/536/EC — Wine, olive oil, beef
and veal and sheepmeat)

(2005/C 330/06)

(Language of the case: Greek)

In Case C-387/03 Hellenic Republic (Agents: I. Chalkias and
E. Svolopoulou) v Commission of the European Commu-
nities (Agent: M. Condou-Durande, assisted by N. Korogian-
nakis) — action for annulment under Article 230 EC, brought
on 15 September 2003 — the Court
(Fourth Chamber),
composed of K. Lenaerts, acting as President of the Fourth
Chamber (Rapporteur), E.
Judges; M.
Poiares Maduro, Advocate General; H. von Holstein, Assistant
Registrar, for the Registrar, gave a judgment on 27 October
2005, in which it:

Juhász and M.

Ilešič,

1. Dismisses the action;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 264, 1.11.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 20 October 2005

in Case C-334/03: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure of a Member State to fulfil obligations — Directive
90/388/EEC — Telecommunications — Article 4d — Rights
of way — Lack of a guarantee of non-discrimination in the
grant of rights of way — Non-transposition)

(2005/C 330/05)

(Language of the case: Portuguese)

In Case C-334/03 Commission of the European Commu-
nities (Agents: A. Alves Vieira, S. Rating and G. Braga da Cruz)
v Portuguese Republic (Agents: L. Fernandes and P. de Pitta e
Cunha) — action under Article 226 EC for failure to fulfil obli-
gations, brought on 30 July 2003 — the Court (First Chamber),
composed of P. Jann, President of the Chamber, K. Schiemann,
N. Colneric (Rapporteur), J.N. Cunha Rodrigues and E. Levits,
Judges; L.A. Geelhoed, Advocate General; R. Grass, Registrar,
gave a judgment on 20 October 2005, in which it: