Case C-3/04: Judgment of the Court (First Chamber) of  16 March 2006  (reference for a preliminary ruling from the Rechtbank Utrecht) — Poseidon Chartering BV v Marianne Zeeschip VOF, Albert Mooij, Sjoerdtje Sijswerda, Gerrit Schram (Directive 86/653/EEC — Self-employed commercial agents — Meaning of commercial agent — Conclusion and extensions of a single contract over several years)
Date: 2006-06-03
Institutions: Court of Justice
Subjects: approximation of laws, contraception, freedom to provide services, interpretation of the law, remuneration of work, sales occupation

C 131/8

EN

Official Journal of the European Union

3.6.2006

Judgment of the Court (Second Chamber) of 23 February
2006 — Commission of the European Communities v
Kingdom of Spain

(Case C-546/03) (1)

(Failure of a Member State to fulfil its obligations — Com-
munity' own resources — Community Customs Code —
Procedures for collecting import or export duties — Late
payment of own resources relating to those duties and failure
to pay default interest)

(2006/C 131/13)

Language of the case: Spanish

(b) by failing to pay to the Commission of the European Commu-
nities the interest under Article 11 of Council Regulation
(EEC, Euratom) No 1552/89 of 29 May 1989 imple-
menting Decision 88/376/EEC, Euratom on the system of
the Communities' own resources, and, from 31 May 2000 of
Article 11 of Council Regulation (EC, Euratom) No
1150/2000 of 22 May 2000 implementing Decision
94/728/EC, Euratom on the system of the Communities' own
resources,

the Kingdom of Spain has failed to fulfil its obligations under all
of those provisions;

2. Orders the Kingdom of Spain to pay the costs;

3. Orders the Kingdom of Denmark, the Republic of Finland and the

Kingdom of Sweden to bear their own costs.

Parties

(1) OJ C 59 of 06.03.2004.

Applicant: Commission of the European Communities (repre-
sented by: M. Diaz-Llano La Roche and G. Wilms, acting as
Agents)

Defendant: Kingdom of Spain (represented by: M. Muñoz Perez,
acting as Agent)

the defendant: Republic of Denmark
Interveners in support of
(represented by: J. Molde, acting as Agent), Republic of Finland
(represented by: A. Guimaraes-Purokoski, acting as Agent),
Kingdom of Sweden (represented by: K. Wistrand, acting as
Agent)

Re:

Failure of a Member State to fulfil its obligations — Article 220
of Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (OJ 1992 L 302, p.
1) and Article 5 of Council Regulation (EEC) No 1854/89 of
14 June 1989 on the entry in the accounts and terms of
payment of the amounts of the import duties or export duties
resulting from a customs debt (OJ L 1989, p. 1) — Late
payment of part of the European Communities' own resources
in the case of recovery a posteriori of customs duty — Refusal
to pay default interest due as a consequence of the delay in
making the entry in the Commission's account

Operative part of the judgment

The Court:

1. Declares that

Judgment of the Court (First Chamber) of 16 March 2006
(reference for a preliminary ruling from the Rechtbank
Utrecht) — Poseidon Chartering BV v Marianne Zeeschip
VOF, Albert Mooij, Sjoerdtje Sijswerda, Gerrit Schram

(Case C-3/04) (1)

(Directive 86/653/EEC — Self-employed commercial agents
— Meaning of commercial agent — Conclusion and exten-
sions of a single contract over several years)

(2006/C 131/14)

Language of the case: Dutch

Referring court

Rechtbank Utrecht

Parties to the main proceedings

Applicant(s): Poseidon Chartering BV

Defendant(s): Marianne Zeeschip VOF, Albert Mooij, Sjoerdtje
Sijswerda, Gerrit Schram

Re:

(a) by failing to comply with the time-limits for late entry in the
accounts of duties arising from a customs debt laid down in
Article 5 of Council Regulation (EEC) No 1854/89 of 14
June 1989 on the entry in the accounts and terms of payment
of the amounts of the import duties or export duties resulting
from a customs debt, and, from 1 January 1994, with Article
220(1) of Council Regulation (EEC) No 2913/92 of 12
October 1992 establishing the Community Customs Code,
leading to a delay in making available of own resources, and

Reference for a preliminary ruling — Rechtbank Utrecht —
Interpretation of 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 (OJ
1986 L 382, p. 17) — Meaning of commercial agent — Self-
employed intermediary, who has negotiated a charter for a
ship-owner, and its extension from year to year, in return for a
commission

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