Judgment of the Court (First Chamber) of  27 October 2005  in Case C-329/03 Reference for a preliminary ruling from the Arios Pagos (Greece), Trapeza tis Ellados AE v Banque Artesia (Free movement of capital — First Council Directive of  11 May 1960  — Acquisition of bonds dealt in on a stock exchange — Repatriation of the proceeds of their liquidation)
Date: 2005-12-24
Institutions: Court of Justice
Subjects: bond, credit institution, financial legislation, financial market, interpretation of the law, investment

C 330/2

EN

Official Journal of the European Union

24.12.2005

1. Declares that, by including in the tendering specifications for a
public contract for health services consisting of home respiratory
treatments and other assisted breathing techniques,
first, a
tendering condition which requires an undertaking submitting a
tender to have, at the time the tender is submitted, an office open
to the public in the province or, as the case may be, the capital of
the province where the service is to be supplied and, second, tender
evaluation criteria which reward, by awarding extra points, the
existence, at the time the tender is submitted, of oxygen produc-
tion, conditioning and bottling plants situated, as the case may
be, in Spain or less than 1 000 kilometres from the province in
question or of offices open to the public in other specified towns in
that province, and which, in the case of a tie between a number of
tenders, favour the undertaking which has previously provided the
service concerned, the Kingdom of Spain has failed to fulfil its
obligations under Article 49 EC;

2. Dismisses the remainder of the application;

3. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 135 of 07.06.2003.

chet (Rapporteur), S. von Bahr, J. Malenovský and U. Lõhmus,
Judges; F. G. Jacobs, Advocate General; Lynn Hewlett, Principal
Administrator,
for the Registrar, gave a judgment on 27
October 2005, the operative part of which is as follows:

1. Commission Decision 2003/102/EC of 14 February 2003
excluding from Community financing certain expenditure incurred
by the Member States under the Guarantee Section of the Euro-
pean Agricultural Guidance and Guarantee Fund (EAGGF)
is
annulled insofar as it imposed on the Hellenic Republic a flat-rate
correction of 25 % for the financial years 1999-2001 (public
storage sector) in the sum of Euro 9 926 005,21.

2. The Commission of the European Communities is ordered to pay

the costs.

(1) OJ C 171 of 19.07.2003

JUDGMENT OF THE COURT

(Third Chamber)

of 27 October 2005

in Case C-175/03: Hellenic Republic v Commission of the
European Communities (1)

(EAGGF — Decision 2003/102/EC — Expenditure excluded
from Community financing — Aid for the preservation of
olive groves in the minor islands of the Aegean Sea — Finan-
cial years 1999-2001)

(2005/C 330/03)

(Language of the case: Greek)

In Case C-175/03 Hellenic Republic (Agents: V. Kontolaimos
and S. Charitaki) v Commission of the European Commu-
nities (Agent: M. Condou-Durande, assisted by N. Korogian-
nakis, avocat) — action for annulment under Article 230 EC,
brought on 10 April 2003 — the Court (Third Chamber),
composed of A. Rosas, President of the Chamber, J.-P. Puisso-

JUDGMENT OF THE COURT

(First Chamber)

of 27 October 2005

in Case C-329/03 Reference for a preliminary ruling from
the Arios Pagos (Greece), Trapeza tis Ellados AE v Banque
Artesia (1)

(Free movement of capital — First Council Directive of 11
May 1960 — Acquisition of bonds dealt in on a stock
exchange — Repatriation of the proceeds of their liquidation)

(2005/C 330/04)

(Language of the case: Greek)

In Case C-329/03: reference for a preliminary ruling under
Article 234 EC from the Arios Pagos (Greece), made by deci-
sion of 31 March 2003, received at the Court on 28 July 2003,
in the proceedings pending before that court between Trapeza
tis Ellados AE and Banque Artesia — the Court (First Chamber),
composed of: P. Jann, President of the Chamber, N. Colneric, K.
Schiemann, E. Juhász and M. Ilešič (Rapporteur), Judges; F.G.
Jacobs, Advocate General, L. Hewlett, Principal Administrator,
for the Registrar, gave a judgment on 27 October 2005, the
operative part of which is as follows:

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: