Case C-411/05: Reference for a preliminary ruling from the Juzgado de lo Social No 33, Madrid, Spain, made by order of that court of  14 November 2005  in Félix Palacios de la Villa v Cortefiel Servicios SA, José María Sanz Corral and Martin Tebar Less
Date: 2006-02-11
Institutions: Court of Justice
Subjects: age discrimination, collective agreement, interpretation of the law, retirement conditions

C 36/20

EN

Official Journal of the European Union

11.2.2006

Pleas in law and main arguments:

The applicant submits that the Court of First Instance erred in
law in holding that Art. 308 CE, in conjunction with Arts. 60
and 301 CE, was a sufficient
legal basis for Regulation
881/2002.

The applicant further submits that the Court of First Instance
erred in its interpretation of the relevant principles of interna-
tional law:

— the Court's judgement conflates the question of the UN
Charter as a source of treaty obligations with the different
question of the effects for Member States of decisions of the
Security Council;

— the Court erred in law in assuming that resolutions of the
Security Council adopted under Chapter VII of the UN
Charter are to be automatically inserted into the sphere of
domestic law and jurisdiction;

— the Court erred in holding that it has no power to review
resolutions adopted

the lawfulness of Security Council
under Chapter VII of the UN Charter;

— the reasoning of the Court exhibits a substantial inconsis-

tency in its treatment of the principle of jus cogens;

— the Court has failed to appreciate the legal significance of
the failure of the Security Council to establish an indepen-
dent international court.

(1) Council Regulation (EC) NO 881/2002 of 27 May 2002 imposing
certain specific restrictive measures directed against certain persons
and entities associated with Usama bin Laden, the Al-Qaida network
and the Taliban, and repealing Council Regulation (EC) No
467/2001 prohibiting the export of certain goods and services to
Afghanistan, strengthening the flight ban and extending the freeze
of funds and other financial resources in respect of the Taliban of
Afghanistan, OJ L 139, 29.5.2002, p. 9-22.

Action brought on 21 November 2005 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-410/05)

(2006/C 36/40)

(Language of the case: Greek)

Justice of

An action against the Hellenic Republic was brought before the
Court of
the European Communities on 21
November 2005 by the Commission of the European Commu-
nities, represented by G. Zavvos and G. Braun, of its Legal
Service, with an address for service in Luxembourg.

The Commission claims that the Court should:

— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2001/97/EC (1) of
the
Council of 4 December 2001 amending Council Directive
91/308/EEC on prevention of
the financial
system for the purpose of money laundering, the Hellenic
Republic has failed to fulfil its obligations under that direc-
tive;

the European Parliament and of

the use of

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic
law expired on 15 June 2003.

(1) OJ No L 344, 28.12.2001, p. 76.

Reference for a preliminary ruling from the Juzgado de lo
Social No 33, Madrid, Spain, made by order of that court
of 14 November 2005 in Félix Palacios de la Villa v Corte-
fiel Servicios SA, José María Sanz Corral and Martin Tebar
Less

(Case C-411/05)

(2006/C 36/41)

(Language of the case: Spanish)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Juzgado de lo Social No 33,
Madrid, Spain, of 14 November 2005, received at the Court
Registry on 22 November 2005, for a preliminary ruling in the
proceedings between Félix Palacios de la Villa and Cortefiel
Servicios SA, José María Sanz Corral and Martin Tebar Less on
the following questions:

Does the principle of equal treatment, which prohibits any
discrimination whatsoever on the grounds of age and is laid
down in Article 13 EC and Article 2(1) of Directive
2000/78, (1) preclude a national law (specifically, the first para-
graph of the Single Transitional Provision of Law 14/2005 on
clauses in collective agreements concerning the attainment of
normal retirement age) pursuant to which compulsory retire-
ment clauses contained in collective agreements are lawful,
where such clauses provide as sole requirements that workers
must have reached normal retirement age and must have
fulfilled the conditions set out in the social security legislation
of
to draw a retirement
the Spanish State for entitlement
pension under their contribution regime?

11.2.2006

EN

Official Journal of the European Union

C 36/21

In the event that the reply to the first question is in the affirma-
tive:

concerted practices in the motor vehicles sector to be inter-
preted as precluding an express termination provision in a
motor vehicle concession agreement that is intended to benefit
from the exemption?

Does the principle of equal treatment, which prohibits any
discrimination whatsoever on the grounds of age and is laid
down in Article 13 EC and Article 2(1) of Directive 2000/78,
require this court, as a national court, not to apply to this case
the first paragraph of the Single Transitional Provision of Law
14/2005 cited above?

(1) OJ L 203, p. 30.

(1) Council Directive 2000/78 of 27 November 2000 establishing a
general framework for equal treatment in employment and occupa-
tion (OJ 2000 L 303, p. 16).

Reference for a preliminary ruling from the Rechtbank
van Koophandel te Brussel by order of that court of 21
November 2005 in N.V. City Motors Groep v N.V. Citroën
Belux

(Case C-421/05)

(2006/C 36/42)

(Language of the case: Dutch)

Reference for a preliminary ruling from Commissione
Tributaria Regionale di Genova by order of that court of
31 January 2005 in Agenzia delle Entrate — Ufficio di
Genova 1 v Porto Antico di Genova SpA

(Case C-427/05)

(2006/C 36/43)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Commissione Tributaria
Regionale di Genova of 31 January 2005, received at the Court
Registry on 1 December 2005, for a preliminary ruling in the
proceedings between Agenzia delle Entrate — Ufficio di
Genova 1 and Porto Antico di Genova SpA on the following
questions:

1. Is Article 55 of DPR (Decree of

the President of

the
Republic) No 917 of 22 December 1986 (in the version in
force in the year 2000), under which EEC contributions are
taken into account for the purpose of determining taxable
income, compatible with Article 21(3) of Regulation No
2082/93 (1), which provides that '[t]he payments shall be
made to the final beneficiaries without any deduction or
retention which could reduce the amount of financial assis-
tance to which they are entitled'?

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Rechtbank van Koophandel
te Brussel (Commercial Court, Brussels) of 21 November 2005,
received at the Court Registry on 29 November 2005, for a
preliminary ruling in the proceedings between N.V. City
Motors Groep and N.V. Citroën Belux on the following ques-
tion:

2. If there is a finding of incompatibility, will it apply solely to
funds granted and payable by Community bodies or will it
also apply to funds that are described in the SPD (Single
Programming Document) as being payable by national
bodies?

(1) OJ L 193, 31.7.1993 p. 20.

3(6)

Is Article
(EC) No
1400/2002 (1) of 31 July 2002 on the application of Article
81(3) of the Treaty to categories of vertical agreements and

of Commission Regulation