Case C-122/04: Judgment of the Court (First Chamber) of  23 February 2006  — Commission of the European Communities v European Parliament, Council of the European Union (Powers of the Commission — Procedures for the exercise of implementing powers — Implementation of the Forest Focus programme)
Date: 2006-06-03
Institutions: Court of Justice
Subjects: Council of the European Union, EU action, EU environmental policy, European Commission, action for annulment (EU), environmental monitoring, forest conservation

3.6.2006

EN

Official Journal of the European Union

C 131/9

Operative part of the judgment

Operative part of the judgment

Article 1(2) of Council Directive 86/653/EEC of 18 December
1986 on the coordination of the laws of the Member States relating
to self-employed commercial agents is to be interpreted as meaning
that, where a self-employed intermediary had authority to conclude a
single contract, subsequently extended over several years, the condition
laid down by that provision that the authority be continuing requires
that the principal should have conferred continuing authority on that
intermediary to negotiate successive extensions to that contract.

1. The application is dismissed;

2. The Commission of the European Communities is ordered to pay

the costs;

3. The French Republic is ordered to bear its own costs.

(1) OJ C 59 of 6.3.2004.

(1) OJ C 94, 17.04.2004.

Judgment of the Court (First Chamber) of 9 March 2006 —
the European Communities v United
Commission of

Kingdom of Great Britain and Northern Ireland

(Case C-65/04) (1)

(Failure by a Member State to fulfil its obligations — EAEC
Treaty — Scope — Directive 89/618/Euratom — Health and
safety — Ionising radiations — Use of nuclear energy for
nuclear-powered
military

purposes — Repairs

to

a

submarine)

(2006/C 131/15)

Judgment of the Court (First Chamber) of 23 February
2006 — Commission of the European Communities v
European Parliament, Council of the European Union

(Case C-122/04) (1)

(Powers of the Commission — Procedures for the exercise of
implementing powers — Implementation of the Forest Focus
programme)

(2006/C 131/16)

Language of the case: French

Language of the case: English

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: L. Ström van Lier and J. Grunwald, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: C. Jackson and C. Gibbs, Agents, and
D. Wyatt QC and S. Tromans, Barrister)

Applicant: Commission of the European Communities (repre-
sented by C.-F. Durand and M. van Beek, acting as Agents)

Defendants: European Parliament (represented by K. Bradley and
M. Gómez-Leal), Council of the European Union (represented
by I. Díez Parra and M. Balta, acting as Agents)

Interveners: Kingdom of Spain (represented by M. Muñoz Pérez,
Agent), Republic of Finland (represented by T. Pynnä, Agent)

Intervener: French Republic (represented by R. Abraham, G. de
Bergues, E. Puisais and C. Jurgensen, agents)

Re:

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 5(3) of Council Directive 89/618/Euratom of
27 November 1989 on informing the general public about
health protection measures to be applied and steps to be taken
in the event of a radiological emergency (OJ 1989 L 357, p.
31)

Annulment of Article 17(2) of Regulation (EC) No 2152/2003
of the European Parliament and of the Council of 17 November
2003 concerning monitoring of
forests and environmental
interactions in the Community (Forest Focus) (OJ 2003 L 324,
p. 1), in so far as it makes the adoption of the implementing
measures for the Forest Focus Programme subject to the regula-
tory procedure set out
in Article 5 of Council Decision
1999/468/EC of 28 June 1999 laying down the procedures for
conferred on the
implementing powers
the
Commission (OJ 1999 L 184, p. 23) — Limit on the Council's
choice between the implementing procedures laid down by
Decision 1999/468/EC

exercise of

C 131/10

EN

Official Journal of the European Union

3.6.2006

Operative part of the judgment

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs;

Article 48 of the EC Treaty (now, after amendment,
Article 39 EC) is to be interpreted as meaning that, where
national
legislation such as that at issue in the main
proceedings applies, the period during which a worker
was affiliated to the Joint Sickness Insurance Scheme of
the European Communities must be taken into account.

3. Orders the Kingdom of Spain and the Republic of Finland to bear

their own costs.

(1) OJ C 106, 30.04.2004.

(1) OJ C 94, 17.04.2004.

Judgment of the Court (Second Chamber) of 16 February
2006 (reference for a preliminary ruling from the Reger-
ingsrätten) — Amy Rockler v Försäkringskassan, formerly
Riksförsäkringsverket

(Case C-137/04) (1)

(Freedom of movement for workers — Officials and servants
of the European Communities — Parental benefits — Taking
into account of the period of affiliation to the Joint Sickness
Insurance Scheme of the European Communities)

(2006/C 131/17)

Language of the case: Swedish

Referring court

Regeringsrätten

Parties to the main proceedings

Applicant: Amy Rockler

Judgment of the Court (Grand Chamber) of 14 March
2006 — Commission of the European Communities v
French Republic

(Case C-177/04) (1)

(Failure of a Member State to fulfil obligations — Directive
85/374/EEC — Product liability — Judgment of the Court
finding a failure to fulfil obligations — Failure to take
measures to comply — Article 228 EC — Financial penalties
— Partial compliance with the judgment during the proceed-
ings)

(2006/C 131/18)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by G. Valero Jordana and B. Stromsky, Agents)

Defendant: French Republic (represented by G. de Bergues and
R. Loosli, Agents)

Defendant: Försäkringskassan, formerly Riksförsäkringsverket

Re:

Re:

Reference for a preliminary ruling — Regeringsrätten — Inter-
pretation of Article 39 EC — Right to parental benefit (‘föräl-
drapenning’) — No account taken of period of cover by the
Joint Sickness Insurance Scheme provided for by the Staff
Regulations of Officials of the European Communities

Failure of a Member State to fulfil obligations — Failure to give
effect to the judgment delivered by the Court on 25 April
2002 in Case C-52/00 concerning the incorrect transposition
of Council Directive 85/374/EEC of 25 July 1985 on the
approximation of
regulations and administrative
provisions of the Member States concerning liability for defec-
tive products (OJ 1985 L 210, p. 29) — Failure to amend the
provisions of the French Civil Code — Application for imposi-
tion of a penalty payment

the laws,