Judgment of the Court (Third Chamber) of  1 December 2005  in Case C-213/04: Reference for a preliminary ruling from the Oberster Gerichtshof (Austria) Ewald Burtscher v Josef Stauderer (Free movement of capital — Article 56 EC — Declaration procedure in respect of the acquisition of built-on land — Retroactive invalidity of the transaction if declaration by the purchaser is submitted after the due date)
Date: 2006-02-11
Institutions: Court of Justice
Subjects: Vorarlberg, application of the law, interpretation of the law, land and buildings, national law, provision of documents

C 36/12

EN

Official Journal of the European Union

11.2.2006

for

the

contract

construction and management of

1. Declares that, since the public invitation ANAS S.p.A. awarded
the
the
Valtrompia and Pedemontana Veneta Ovest motorways to the
Società per l'autostrada Brescia-Verona-Vicenza-Padova p.a. by
direct concession without prior publication of a contract notice,
where the requirements for such a concession were not met, the
Italian Republic has failed to fulfil its obligations under Council
Directive 93/37/EEC of 14 June 1993 coordinating the proce-
dures for the award of public works contracts and in particular
Articles 3(1) and 11(3), (6) and (7) thereof;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 179 of 10.7.2004
OJ C 168 of 26.6.2004.

JUDGMENT OF THE COURT

(Third Chamber)

of 1 December 2005

in Case C-213/04: Reference for a preliminary ruling from
(Austria) Ewald Burtscher v
the Oberster Gerichtshof

Josef Stauderer (1)

(Free movement of capital — Article 56 EC — Declaration
procedure in respect of the acquisition of built-on land —
Retroactive invalidity of the transaction if declaration by the
purchaser is submitted after the due date)

(2006/C 36/21)

(Language of the case: German)

In Case C-213/04: reference for a preliminary ruling under
Article 234 EC from the Oberster Gerichtshof (Austria), made
by decision of 29 April 2004, received at the Court on 19 May
2004, in the proceedings between Ewald Burtscher and Josef
Stauderer — the Court
(Third Chamber), composed of A.
Rosas, President of the Chamber, J. Malenovský, J. P. Puissochet
(Rapporteur), S. von Bahr and U. Lõhmus, Judges; F.G. Jacobs,
Advocate General; K. Sztranc, Administrator for the Registrar,
gave a judgment on 1 December 2005 in which it ruled:

Article 56(1) EC precludes the application of national legislation such
as the Vorarlberg Land Transfer Law (Vorarlberger Grundverkehrsge-
setz) of 23 September 1993, in its amended version, under which the

mere fact that the requisite declaration of acquisition is submitted
after the due date results in the retroactive invalidity of the property
transaction concerned.

(1) OJ C 190 of 24.07.2004.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 December 2005

in Case C-250/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure of a Member State to fulfil obligations — Directive
2002/19/EC — Access
communications
to
networks and associated facilities — Failure to transpose
within the prescribed period)

electronic

(2006/C 36/22)

(Language of the case: Greek)

In Case C-250/04 Commission of the European Communities
(Agents: G. Zavvos and M. Shotter) v Hellenic Republic (Agent:
N. Dafniou) — action for failure to fulfil obligations under
Article 226 EC, brought on 14 June 2004 — the Court (Fifth
the
Chamber),
Chamber, R. Silva de Lapuerta and P. Kūris (Rapporteur),
Judges; A. Tizzano, Advocate General; R. Grass, Registrar, gave
a judgment on 15 December 2005, in which it:

J. Makarczyk, President of

composed of

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2002/19/EC of the European Parliament and of the Council of 7
March 2002 on access to, and interconnection of, electronic
communications networks and associated facilities (Access Direc-
tive), the Hellenic Republic has failed to fulfil its obligations under
that directive.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 201, 07.08.2004.