Case C-109/06: Action brought on  23 February 2006  — Commission of the European Communities v Federal Republic of Germany
Date: 2006-05-06
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, electrical energy, energy-generating product, national implementing measure, tax system

C 108/6

EN

Official Journal of the European Union

6.5.2006

Action brought on 23 February 2006 — Commission of
the European Communities v Federal Republic of
Germany

Parties to the main proceedings

Applicants: Gerda Möllendorf, Christiane Möllendorf

(Case C-109/06)

(2006/C 108/08)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Mölls, Agent)

Defendant: Federal Republic of Germany

Form of order sought

— A declaration that, by not adopting the laws, regulations
and administrative provisions
required to implement
Council Directive 2003/96/EC (1) of 27 October 2003
restructuring the Community framework for the taxation of
energy products and electricity, or,
in any event, by not
communicating these provisions to the Commission, the
Federal Republic of Germany has failed to fulfil its obliga-
tions under that directive;

Joined Parties: 1. Salem-Abdul Ghani El-Rafei, 2. Dr. Kamal
Rafehi, 3. Ageel A. Al-Ageel

Questions referred

1. Do the provisions of Articles 2(3) and 4(1) of Council Regu-
lation (EC) No 881/2002 of 27 May 2002 (1) prohibit prop-
erty from being conveyed in performance of a sale and
purchase agreement to a natural person listed in Annex I to
that regulation?

2. If Question 1 is to be answered in the affirmative: does
Regulation (EC) No 881/2002 prohibit entry in the land
register necessary for transferring ownership in the property
also when the underlying sale and purchase agreement has
been concluded, and the conveyance declared binding,
before publication of the limitation on disposal in the Offi-
cial Journal of the European Communities, and the contractual
purchase price to be paid by the natural person listed in
Annex I to the regulation, as purchaser, has already been

(a) deposited on the notarial trust account or

(b) paid to the seller?

— An order that the Federal Republic of Germany pay the

costs of the proceedings.

(1) OJ L 139, p. 9.

Pleas in law and main arguments

The period for implementing the Directive expired on 31
December 2003.

(1) OJ 2003 L 283, p.51.

Reference for a preliminary ruling from the Kammerger-
icht Berlin made on 21 February 2006 in the land registry
case of Gerda Möllendorf, Christiane Möllendorf-Niehuus;
joined parties: 1. Salem -Abdul Ghani El-Rafeil, 2. Dr.
Kamal Rafehi, 3 Ageel A. Al-Ageel

(Case C-117/06)

(2006/C 108/09)

Language of the case: German

Referring court

Kammergericht Berlin

Appeal brought on 27 February 2006 by Fabbrica Italiana
Accumulatori Motocarri Mentecchio
SpA (FIAMM),
Fabbrica
Italiana Accumulatori Motocarri Montecchio
Technologies Inc (FIAMM Technologies) against the judg-
ment delivered on 14 December 2005 in Case T-69/00
Fabbrica Italiana Accumulatori Motocarri Mentecchio SpA
(FIAMM),
Italiana Accumulatori Motocarri
Montecchio Technologies Inc (FIAMM Technologies) v
Council of the European Union and Commission of the
Euorpean Communities

Fabbrica

(Case C-120/06P)

(2006/C 108/10)

Language of the case: Italian

Parties

Appellants: Fabbrica Italiana Accumulatori Motocarri Mentec-
chio SpA (FIAMM), Fabbrica Italiana Accumulatori Motocarri
Montecchio Technologies Inc (FIAMM Technologies)
(repre-
sented by: I. Van Bael, F. Di Gianni and A Cevese, Avvocati)