Case C-455/04: Judgment of the Court (Sixth Chamber) of  23 February 2006  — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure of a Member State to fulfil obligations — Directive 2001/55/EC — Asylum policy — Mass influx of displaced persons — Temporary protection — Minimum standards — Failure to transpose the directive within the prescribed period)
Date: 2006-06-03
Institutions: Court of Justice
Subjects: Northern Ireland, United Kingdom, action for failure to fulfil an obligation, admission of aliens, aid to refugees, human rights, rights of aliens

3.6.2006

EN

Official Journal of the European Union

C 131/19

Re:

Reference for a preliminary ruling — Landesgericht Klagenfurt
— Interpretation of Articles 28 EC and 30 EC — National
legislation prohibiting the door-to-door sale of gold, silver and
platinum jewellery

Operative part of the judgment

Article 28 EC does not preclude a national provision by which a
Member State prohibits in its territory the selling of, and collecting of
orders for, silver jewellery in a doorstep-selling situation where such a
provision applies to all relevant traders in so far as it affects in the
same manner, in law and in fact, the marketing of domestic products
and that of products from other Member States. It is for the national
court to ascertain whether, having regard to the circumstances in the
main proceedings, the application of the national provision is liable to
prevent the access to the market of products from other Member
States or to impede that access more than it impedes the access to the
market of domestic products and,
if that is the case, to determine
whether the measure concerned is justified by an objective in the
general
in the
interest within the meaning given to that concept
Court's case-law or by one of the objectives listed in Article 30 EC,
and whether that measure is proportionate to that objective.

(1) OJ C 314, 18.12.2004.

Judgment of the Court (Sixth Chamber) of 23 February
2006 — Commission of the European Communities v
United Kingdom of Great Britain and Northern Ireland

(Case C-455/04) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/55/EC — Asylum policy — Mass influx of displaced
persons — Temporary protection — Minimum standards —
Failure to transpose the directive within the prescribed
period)

temporary protection in the event of a mass influx of displaced
persons and on measures promoting a balance of efforts
between Member States in receiving such persons and bearing
the consequences thereof (OJ 2001 L 212, p. 12)

Operative part of the judgment

1. Declares that, by failing to adopt within the prescribed period the
laws, regulations and administrative provisions necessary to trans-
pose into domestic law Council Directive 2001/55/EC of 20 July
2001 on minimum standards for giving temporary protection in
the event of a mass influx of displaced persons and on measures
promoting a balance of efforts between Member States in receiving
such persons and bearing the consequences thereof, the United
Kingdom of Great Britain and Northern Ireland has failed to fulfil
its obligations under that directive;

2. Orders

the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

(1) OJ C 6, 08.01.2005.

Judgment of the Court (First Chamber) of 23 March 2006
(reference for a preliminary ruling from the Corte
cassazione) — Honyvem Informazioni
suprema di

Commerciali Srl v Mariella De Zotti

(Case C-465/04) (1)

(Independent commercial agents — Directive 86/653/EEC —
Entitlement of a commercial agent to an indemnity after
termination of the contract)

(2006/C 131/34)

Language of the case: Italian

(2006/C 131/33)

Language of the case: English

Referring court

Corte suprema di cassazione

Parties

Parties to the main proceedings

Applicant: Honyvem Informazioni Commerciali Srl

Applicant: Commission of the European Communities (repre-
sented by: C. O'Reilly, Agent)

Defendant: Mariella De Zotti

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: C. White)

Re:

Re:

Failure of a Member State to fulfil its obligations — Failure to
transpose within the period prescribed Council Directive
2001/55/EC of 20 July 2001 on minimum standards for giving

Reference for a preliminary ruling — Corte Suprema di Cassa-
zione — Interpretation of Articles 17 and 19 of Council Direc-
tive 86/653/EEC of 18 December 1986 on the coordination of
the Member States relating to self-employed
the laws of
commercial agents (OJ 1986 L 382, p. 17) — Right of a
commercial agent to an indemnity or damages on termination
of contract