Case C-2/06: Reference for a preliminary ruling from the Finanzgericht Hamburg by order of that court of  21 November 2005  in Willy Kempter KG v Hauptzollamt Hamburg-Jonas — Ausfuhrerstattung
Date: 2006-03-11
Institutions: Court of Justice
Subjects: EU law - national law, appeal to an administrative authority, case-law (EU), interpretation of the law, limitation of legal proceedings

11.3.2006

EN

Official Journal of the European Union

C 60/25

8) Restrictions on the freedom to set charges constitute a
further obstacle to freedom of establishment and freedom to
provide services. In fact, a new service provider which tries
to enter a given market must endeavour to stand out from
its competitors and the price of the services is an important
factor in procuring clients.

Appeal brought on 9 January 2006 by Cofradía de pesca-
dores ‘San Pedro’ de Bermeo and Others against the judg-
ment of the Court of First Instance (Third Chamber) of 19
October 2005 in Case T-415/03 Cofradía de pescadores
‘San Pedro’ de Bermeo and Others v Council of the Euro-
pean Union, supported by the Commission of the Euro-
pean Communities and the French Republic

Reference for a preliminary ruling from the Finanzgericht
Hamburg by order of that court of 21 November 2005 in
Willy Kempter KG v Hauptzollamt Hamburg-Jonas —
Ausfuhrerstattung

(Case C-6/06 P)

(2006/C 60/48)

(Language of the case: Spanish)

(Case C-2/06)

(2006/C 60/47)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht Hamburg of
21 November 2005, received at the Court Registry on 4 January
2006, for a preliminary ruling in the proceedings between
Willy Kempter KG and Hauptzollamt Hamburg-Jonas —
Ausfuhrerstattung
(Main Customs Office Hamburg-Jonas,
Export Refunds Section) on the following questions:

1. Is the review and amendment of a final administrative deci-
sion in order to take account of the interpretation of the
relevant Community law carried out by the Court of Justice
of the European Communities in the meantime subject to
the requirement that the party concerned relied on Com-
munity law when contesting the administrative decision
before the national courts?

2. Is an application for the review and amendment of a final
administrative decision which is contrary to Community
law subject to a restriction in time for overriding reasons of
Community law, apart from the conditions set out in Case
C-453/00 Kühne & Heitz [2004] ECR I-837?

An appeal against the judgment of the Court of First Instance
(Third Chamber) of 19 October 2005 in Case T-415/03
Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v Council
of the European Union, supported by the Commission of the
European Communities and the French Republic, was brought
before the Court of Justice of the European Communities on 9
January 2006 by Cofradía de pescadores ‘San Pedro’ de Bermeo
and Others, represented by E. Garayar Gutiérrez, G. Martínez-
Villaseñor, A. García Castillo and M. Troncoso Ferrer,
abogados.

The appellants claim that the Court should:

(1) Declare the present appeal admissible;

(2) Therefore, set aside in its entirety the judgment of the
Court of First Instance of 19 October 2005 in Case T-415/
03;

(3) Consider the forms of order sought by the appellants at

first instance, namely that it should:

— Declare that the Community incurred non-contractual
liability for removing part of the share of the Total
Allowable Catch for anchovy allocated to Spain and the
fleet authorised to fish for anchovy in ICES area VIII
during the years 1996 to 2001, by the transfer,
authorised by the Council of the European Union in
Regulations Nos 3074/95 (1), 390/97 (2), 45/98 (3),
48/1999 (4) and 2848/2000 (5), of Portugal's quota in
ICES area IX to be fished by France in ICES area VIII, in
breach of: Article 161(1)(f) of the Act concerning the
conditions of accession of the Kingdom of Spain and
the Portuguese Republic to the European Communities
and of the principle of relative stability; and of the prin-
ciples of legal certainty and legitimate expectations.