Judgment of the Court (First Chamber) of  10 November 2005  in Case C-432/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Directive 89/106/EEC — Decision 3052/95/EC — National approval procedure — Failure to take account of approval certificates drawn up in other Member States — Construction products)
Date: 2006-01-14
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, approval, plastics

C 10/2

EN

Official Journal of the European Union

14.1.2006

JUDGMENT OF THE COURT

(First Chamber)

of 10 November 2005

in Case C-307/03: Italian Republic v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — Decision 2003/364/EC
— Arable crops — Spot checks — Repayment of aid in
respect of non-eligible areas — False declarations)

(2006/C 10/02)

(Language of the case: Italian)

In Case C-307/03 Italian Republic (Agents: I.M. Braguglia and
M. Fiorilli) v Commission of
the European Communities
(Agents: C. Cattabriga and L. Visaggio) — action for annulment
under Article 230 EC, brought on 18 July 2003 — the Court
(First Chamber), composed of P. Jann (Rapporteur), President of
the Chamber, J.N. Cunha Rodrigues, K. Lenaerts, E. Juhász and
M. Ilešič, Judges; J. Kokott, Advocate General; R. Grass, Regis-
trar, gave a judgment on 10 November 2005, in which it:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 226 of 20.9.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 10 November 2005

in Case C-432/03: Commission of the European Commu-
nities v Portuguese Republic (1)

(Failure of a Member State to fulfil obligations — Articles
28 EC and 30 EC — Directive 89/106/EEC — Decision
3052/95/EC — National approval procedure — Failure to
take account of approval certificates drawn up in other
Member States — Construction products)

(2006/C 10/03)

(Language of the case: Portuguese)

In Case C-432/03, Commission of the European Communities
(Agent: A. Caeiros) v Portuguese Republic (Agents: L. Fernandes
and N. Ruiz, advogado) — Action under Article 226 EC for
failure to fulfil obligations, brought on 10 October 2003 —
the Court (First Chamber), composed of P. Jann, President of

the Chamber, K. Schiemann, N. Colneric, K. Lenaerts
(Rapporteur) and E. Juhász, Judges; L.A. Geelhoed, Advocate
General; M. Ferreira, Principal Administrator, for the Registrar,
gave a judgment on 10 November 2005, in which it:

1. Declares that, by failing to take account of approval certificates
issued by other Member States in a procedure, under Article 17 of
the General Law on Urban Construction, adopted by Decree-Law
No 38/382 of 7 August 1951,
for approval of polyethylene
pipes imported from those other Member States, and by not
informing the Commission of such a measure,
the Portuguese
Republic has failed to fulfil its obligations under Articles 28 EC
and 30 EC and under Articles 1 and 4(2) of Decision No
3052/95/EC of the European Parliament and of the Council of
13 December 1995 establishing a procedure for the exchange of
information on national measures derogating from the principle of
the free movement of goods within the Community;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 304, 13.12.2003.

JUDGMENT OF THE COURT

(Grand Chamber)

of 8 November 2005

in Case C-443/03, Reference for a preliminary ruling from
the Hoge Raad der Nederlanden (Netherlands) Götz Leffler
v Berlin Chemie AG (1)

(Judicial cooperation in civil matters — Service of judicial
and extrajudicial documents — No translation of the docu-
ment — Consequences)

(2006/C 10/04)

(Language of the case: Dutch)

In Case C-443/03: reference for a preliminary ruling under
Articles 68 EC and 234 EC from the Hoge Raad der Neder-
landen (Netherlands), made by decision of 17 October 2003,
received at the Court on 20 October 2003, in the proceedings
between Götz Leffler and Berlin Chemie AG — the Court
(Grand Chamber), composed of V. Skouris, President, P. Jann,
C.W.A. Timmermans, A. Rosas (Rapporteur) and J. Malenovský,
Presidents of Chambers, S. von Bahr, J.N. Cunha Rodrigues, R.
Silva de Lapuerta, K. Lenaerts, E. Juhász, G. Arestis, A. Borg
Barthet and M. Ilešič, Judges; C. Stix-Hackl, Advocate General;
M. Ferreira, Principal Administrator, for the Registrar, gave a
judgment on 8 November 2005, the operative part of which is
as follows: