Judgment of the Court (Third Chamber) of  19 January 2006  in Case C-240/03 P: Comunità montana della Valnerina v Commission of the European Communities (Appeal — EAGGF — Withdrawal of financial aid — Article 24 of Regulation (EEC) No 4253/88 — Principle of proportionality — Statement of reasons — Rights of the defence — Cross-appeal — Designation of two persons to be responsible for the execution of a project — Claim on only one of them for repayment of all the aid — Discretionary power of the Commission — Objective limits of the proceedings before the Court of First Instance)
Date: 2006-03-11
Institutions: Court of Justice
Subjects: EAGGF, European Commission, Italy, action for annulment (EU), balance of payments assistance, rural development

C 60/2

EN

Official Journal of the European Union

11.3.2006

— a Turkish worker who does not yet enjoy the right of free access to
any paid employment of his choice under that third indent must
be in legal employment without interruption in the host Member
State unless he can rely on a legitimate reason of the type laid
down in Article 6(2) to justify his temporary absence from the
labour force;

— Article 6(2) of Decision No 1/80 covers interruptions in periods
of legal employment, such as those at issue in the main proceed-
ings, and the relevant national authorities cannot, in this case,
dispute the right of the Turkish worker concerned to reside in the
host Member State.

(1) OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 19 January 2006

in Case C-240/03 P: Comunità montana della Valnerina v
Commission of the European Communities (1)

(Appeal — EAGGF — Withdrawal of financial aid —
Article 24 of Regulation (EEC) No 4253/88 — Principle of
proportionality — Statement of reasons — Rights of the
defence — Cross-appeal — Designation of two persons to be
responsible for the execution of a project — Claim on only
one of them for repayment of all the aid — Discretionary
power of the Commission — Objective limits of the proceed-
ings before the Court of First Instance)

(2006/C 60/03)

(Language of the case: Italian)

In Case C-240/03 P: APPEAL under Article 56 of the Statute of
the Court of Justice brought on 28 May 2003, by Comunità
montana della Valnerina, (Avvocati: P. De Caterini, E. Cappelli
and A. Bandini), the other parties to the proceedings being:
Commission of the European Communities (Agents: C. Cattab-
riga and L. Visaggio, assisted by Avvocato A. Dal Ferro), and
Italian Republic (Agent: I.M. Braguglia, assisted by Avvocato G.
Aiello), the Court (Third Chamber), composed of A. Rosas,
President of the Chamber, J. Malenovský, S. von Bahr, A. Borg
Barthet and A. Ó Caoimh (Rapporteur), Judges; J. Kokott, Advo-
cate General; R. Grass, Registrar, gave a judgment on 19
January 2006, in which it ruled:

1. The appeal and cross-appeal are dismissed;

2. The Comunità Montana della Valnerina shall pay the costs of the

appeal;

3. The Commission of the European Communities shall pay the costs

of the cross-appeal.

(1) OJ C 200 of 23.08.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 19 January 2006

in Case C-330/03: Reference for a preliminary ruling from
the Tribunal Supremo:Colegio de Ingenieros de Caminos,
Canales y Puertos v Administración del Estado (1)

for workers — Recognition of
(Freedom of movement
diplomas — Directive 89/48/EEC — Profession of engineer
— Partial, restricted recognition of professional qualifications
— Articles 39 EC and 43 EC)

(2006/C 60/04)

(Language of the case: Spanish)

In Case C-330/03: Reference for a preliminary ruling under
Article 234 EC from the Tribunal Supremo (Spain), made by
decision of 21 July 2003, received at the Court on 29 July
2003, in the proceedings Colegio de Ingenieros de Caminos,
Canales y Puertos v Administración del Estado, concerning
Giuliano Mauro Imo, the Court (First Chamber), composed of
P. Jann, President of the Chamber, K. Schiemann, N. Colneric,
E. Juhász and E. Levits (Rapporteur), Judges; P. Léger, Advocate
General; R. Grass, Registrar, gave a judgment on 19 January
2006, in which it ruled as follows:

1. When the holder of a diploma awarded in one Member State
applies for permission to take up a regulated profession in another
Member State, the competent authorities of that Member State are
not precluded by Council Directive 89/48/EEC of 21 December
1988 on a general system for the recognition of higher-education
diplomas awarded on completion of professional education and
training of at least three years' duration from partly allowing that
application, if the holder of the diploma so requests, by limiting
the scope of the permission to those activities which that diploma
allows to be taken up in the Member State in which it was
obtained.