Case C-426/05: Reference for a preliminary ruling from the Verwaltungsgerichtshof by order of that court of  22 November 2005  in Tele2 UTA Telecommunication GmbH v Telekom-Control-Kommission
Date: 2006-01-28
Institutions: Court of Justice
Subjects: electronic mail, interpretation of the law, market research, regulation of telecommunications, telecommunications, transmission network

28.1.2006

EN

Official Journal of the European Union

C 22/9

— that, despite the fact that the notification to the declarant
made no mention of the three-month period within which
proof of the regularity of the transit operation or of the
irregularity was actually
place where the offence or
committed can be furnished to the office of departure to
the satisfaction of the competent authorities, a court is able
to rule, in accordance with facts which are able to support
its decision, that notification without mention of the three-
month period nevertheless meets the objective sought by
the legal rule; or

— that the notification to the declarant must compulsorily
mention the three-month period within which proof of the
regularity of the transit operation or of the place where the
offence or irregularity was actually committed can be furn-
ished to the office of departure to the satisfaction of the
competent authorities, with the result that the competent
authority can commence recovery only after it has explicitly
informed the declarant that it has three months within
which to furnish the proof requested and in the case where
that proof has not been furnished within that period?’

the European Parliament and of

of
the Council of 5
November 2002 amending the Directives on maritime
safety and the prevention of pollution from ships, or by not
the Italian
notifying the Commission of such measures,
Republic has failed to fulfil its obligations under that direc-
tive.

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for implementing the directive in national
expired on 23 November 2003.

law

(1) OJ 2002 L 324, p. 53.

(1) OJ 1987 L 107, p. 1.
(2) OJ 1990 L 137, p. 21.
(3) OJ 1990 L 262, p. 1.
(4) OJ 1992 L 132, p. 1.

Action brought on 22 November 2005 by the Commission
of the European Communities against the Italian Republic

(Case C-413/05)

(2006/C 22/16)

(Language of the case: Italian)

Reference for a preliminary ruling from the Verwaltungs-
gerichtshof by order of that court of 22 November 2005
in Tele2 UTA Telecommunication GmbH v Telekom-
Control-Kommission

(Case C-426/05)

(2006/C 22/17)

(Language of the case: German)

Justice of

An action against the Italian Republic was brought before the
Court of
the European Communities on 22
November 2005 by the Commission of the European Commu-
nities, represented by K. Simonsson and C. Loggi, acting as
Agent, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that by not taking all the necessary legal and admin-
istrative measures to comply with Directive 2002/84/EC (1)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Verwaltungsgerichtshof of
22 November 2005, received at
the Court Registry on 1
December 2005, for a preliminary ruling in the proceedings
between Tele2 UTA Telecommunication GmbH and Telekom-
Control-Kommission on the following questions:

1. Are Articles 4 and 16 of Directive 2002/21/EC of the Euro-
pean Parliament and of the Council of 7 March 2002 on a
common regulatory framework for electronic communica-
tions networks and services (Framework Directive) (OJ 2002
L 108, p. 33) (‘Directive 2002/21/EC’) to be interpreted as
meaning that the term ‘parties affected’ includes undertak-
ings operating as competitors on the relevant market in
respect of which specific obligations are not imposed, main-
tained or amended?

C 22/10

EN

Official Journal of the European Union

28.1.2006

2. In the event that the first question is answered in the affir-
mative, does Article 4 of Directive 2002/21/EC preclude a
national provision which provides that only the undertaking
in respect of which specific obligations are imposed,
amended or withdrawn has the status of a party to market
analysis proceedings?

Action brought on 8 December 2005 by the Commission
of the European Communities against the Council of the
European Union

(Case C-440/05)

(2006/C 22/18)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 8 December 2005 by the Commission of the Euro-
pean Communities, represented by W. Bogensberger and R.
Troosters, acting as Agents, with an address for service in
Luxembourg.

The Commission of the European Communities claims that the
Court should:

— declare that Council Framework Decision 2005/667/JHA of
12 July 2005 to strengthen the criminal-law framework for
the enforcement of the law against ship-source pollution (1)
is unlawful;

— annul that framework decision;

— order the Council of the European Union to pay the costs.

Pleas in law and main arguments

Having regard to the Court's functional approach in Case C-
176/03 Commission v Council [2005] ECR I-0000 and also to
the fact that the measures provided for in Articles 1 to 10 of
Framework Decision 2005/667/JHA constitute criminal
law
measures necessary to ensure the efficacy of the common trans-
port policy as developed by Directive 2005/35 EC, (2)
the
the entire Framework Decision
Commission considers that

infringes Article 47 EU, on account of its indivisibility, and is
therefore unlawful.

(1) OJ L 255, 30.09.2005, p. 164.
(2) Directive 2005/35/EC of

the
Council of 7 September 2005 on ship-source pollution and on the
introduction of penalties for infringements, OJ L 255, 30.09.2005,
p. 11.

the European Parliament and of

Removal from the register of Case C-109/05 (1)

(2006/C 22/19)

Language of the case: German

By order of 11 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-109/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 132 of 28.5.2005.

Removal from the register of Case C-158/05 (1)

(2006/C 22/20)

Language of the case: German

By order of 7 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-158/05: Commission of the Euro-
pean Communities v Federal Republic of Germany.

(1) OJ C of 11.6.2005.