Judgment of the Court (Fourth Chamber) of  24 November 2005  in Case C-506/03: Federal Republic of Germany v Commission of the European Communities (Subsidies — Feasibility study — Contract for the assignment of intellectual property rights)
Date: 2006-02-11
Institutions: Court of Justice
Subjects: EU financing, European Commission, Germany, action for annulment (EU), balance of payments assistance, trans-European network

11.2.2006

EN

Official Journal of the European Union

C 36/7

5. Even in the case in which a court of a Member State forms the
view that the conditions have been satisfied under which it may
suspend application of a Community measure, in particular where
the validity of that measure has already been
the question of
referred to the Court, the competent national administrative autho-
rities of the other Member States cannot suspend application of
that measure until such time as the Court has ruled on its validity.
National courts alone are entitled to determine, taking into consid-
eration the specific circumstances of the cases brought before them,
whether the conditions governing the grant of interim relief have
been satisfied.

(1) OJ C 7, 10.01.2004.

OJ C 59, 06.03.2004.
OJ C 179, 10.07.2004.

1. The third paragraph of Article 234 EC requires a court or tribunal
of a Member State against whose decisions there is no judicial
remedy under national
law to seek a ruling from the Court of
Justice on a question relating to the validity of the provisions of a
regulation even where the Court has already declared invalid analo-
gous provisions of another comparable regulation;

2. Paragraphs (1) and (2) of Article 4 of Commission Regulation
(EC) No 1423/95 of 23 June 1995 laying down detailed imple-
menting rules for the import of products in the sugar sector other
than molasses are invalid inasmuch as they provide that the addi-
tional duty referred to therein is, as a general rule, established on
the basis of the representative price referred to in Article 1(2) of
that regulation and that that duty is established on the basis of
the cif import price of the shipment concerned only if the importer
so requests.

(1) OJ C 7, 10.01.2004.

JUDGMENT OF THE COURT

(Grand Chamber)

of 6 December 2005

in Case C-461/03: reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven Gaston
Schul Douane-expediteur BV v Minister van Landbouw,
Natuur en Voedselkwaliteit (1)

(Article 234 EC — Obligation on a national court to seek a
preliminary ruling — Invalidity of a provision of Community
law — Sugar — Additional import duty — Regulation (EC)
No 1423/95 — Article 4)

JUDGMENT OF THE COURT

(Fourth Chamber)

of 24 November 2005

in Case C-506/03: Federal Republic of Germany v Commis-
sion of the European Communities (1)

(Subsidies — Feasibility study — Contract for the assign-
ment of intellectual property rights)

(2006/C 36/11)

(2006/C 36/12)

(Language of the case: Dutch)

(Language of the case: German)

In Case C-461/03: reference for a preliminary ruling under
Article 234 EC from the College van Beroep voor het bedrijf-
sleven (Netherlands), made by decision of 24 October 2003,
received at the Court on 4 November 2003, in the proceedings
between Gaston Schul Douane-expediteur BV and Minister
van Landbouw, Natuur en Voedselkwaliteit — the Court
(Grand Chamber), composed of V. Skouris, President, P. Jann,
C.W.A. Timmermans, A. Rosas and J. Malenovský, Presidents of
Chambers, N. Colneric (Rapporteur), S. von Bahr, J.N. Cunha
Rodrigues, R. Silva de Lapuerta, K. Lenaerts, G. Arestis, A. Borg
Barthet and M. Ilešič, Judges; D. Ruiz-Jarabo Colomer, Advocate
General, R. Grass, Registrar, gave a judgment on 6 December
2005, the operative part of which is as follows:

In Case C-506/03 Federal Republic of Germany (Agent: M.
Lumma, assisted by C. von Donat, Rechtsanwalt) v Commis-
sion of the European Communities (Agents: G. Zavvos and
C. Schmidt, assisted by B. Wägenbaur, Rechtsanwalt) — action
for annulment under Article 230 EC, brought on 26 November
2003 — the Court (Fourth Chamber), composed of K. Lenaerts,
Acting President of the Fourth Chamber, M. Ilešič and E. Levits
(Rapporteur),
Judges; D. Ruiz-Jarabo Colomer, Advocate
General; K. Sztranc, Administrator for the Registrar, gave a
judgment on 24 November 2005, in which it:

1. Dismisses the action;

C 36/8

EN

Official Journal of the European Union

11.2.2006

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 47 of 21.02.2004

main proceedings, where compliance with all the minimum require-
ments laid down by that directive in order to protect effectively the
safety and health of workers is not ensured.

Where national law fixes a ceiling more favourable to workers, in par-
ticular for maximum weekly working time, the relevant thresholds or
ceilings for ascertaining whether the protective rules laid down by that
directive are complied with are exclusively those set out in the direc-
tive.

JUDGMENT OF THE COURT

(1) OJ C 59, 06.03.2004.

(Second Chamber)

of 1 December 2005

in Case C-14/04, Reference for a preliminary ruling from
the Conseil d'État, Abdelkader Dellas and Others v
Premier ministre and Others (1)

favourable

to workers,

(Social policy — Protection of the safety and health of
workers — Directive 93/104/CE — Concept of ‘working
time’ — Scope — National legislation providing for a ceiling
more
regards
maximum weekly working time — Determination of working
time in certain social establishments — On-call duty where
the worker is required to be present at the workplace —
Periods of inactivity on the part of the worker in the context
of such duty — National system of calculation of hours of
the
presence differentiated according to the intensity of

in particular as

activity)

(2006/C 36/13)

(Language of the case: French)

In Case C-14/04: reference for a preliminary ruling under
Article 234 EC from the Conseil d'État (France), made by deci-
sion of 3 December 2003, received at the Court on 15 January
2004, in the proceedings between Abdelkader Dellas, Confé-
dération générale du travail, Fédération nationale des syndicats
des services de santé et des services sociaux CFDT, Fédération
nationale de l'action sociale Force ouvrière and Premier
ministre, Ministre des Affaires sociales, du Travail et de la Soli-
darité, in the presence of: Union des fédérations et syndicats
nationaux d'employeurs sans but lucratif du secteur sanitaire,
social et médico-social — the Court
(Second Chamber),
composed of C.W.A. Timmermans, President of the Chamber,
R. Schintgen (Rapporteur), R. Silva de Lapuerta, P. Kūris and G.
Arestis, Judges; D. Ruiz-Jarabo Colomer, Advocate General; L.
Hewlett, Principal Administrator, for the, Registrar, gave a judg-
ment on 1 December 2005, in which it rules:

Council Directive 93/104/EC of 23 November 1993 concerning
certain aspects of the organisation of working time must be interpreted
as precluding legislation of a Member State which, with respect to on-
call duty performed by workers in certain social and medico-social
establishments during which they are required to be physically present
at their workplace, lays down, for the purpose of calculating the actual
working time, a system of equivalence such as that at issue in the

JUDGMENT OF THE COURT

(Second Chamber)

of 8 December 2005

in Case C-33/04: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Telecom-
munications — Directive 97/33/EC — Article 7(5) — Obli-
gation to verify the compliance of cost accounting systems by
a competent independent body and to publish a statement of
compliance — Directive 98/10/EC — Article 18(1) and (2)
— Failure to apply correctly the measures adopted as regards
verification of the compliance of the cost accounting system
by the national regulatory authority and the annual publica-
tion of a statement of compliance — Admissibility —
Interest in bringing proceedings — Pre-litigation procedure
— Rights of
the defence — Directives 2002/19/EC,
2002/21/EC and 2002/22/EC — Transitional provisions —
Member States to refrain, during the period laid down for
transposition of a directive, from taking any measures liable
seriously to compromise the result prescribed by that directive
— Reference interconnection offers)

(2006/C 36/14)

(Language of the case: French)

In Case C-33/04, Commission of the European Communities
(Agent: W. Wils and M. Shotter) v Grand Duchy of Luxem-
bourg (Agents: M. Thill and S. Schreiner, assisted by A.
Verheyden and F. Bimont, avocats,) — action under Article
226 EC for failure to fulfil obligations, brought on 29 January
2004 — the Court (Second Chamber), composed of C.W.A.
Timmermans, President of the Chamber, R. Silva de Lapuerta,
P. Kūris, G. Arestis (Rapporteur) and J. Klučka,, Judges; F.G.
Jacobs, Advocate General; H. von Holstein, Deputy Registrar,
for the Registrar, gave a judgment on 8 December 2005, in
which it: