Case C-436/03: Judgment of the Court (Grand Chamber) of  2 May 2006  — European Parliament v Council of the European Union (Action for annulment — Regulation (EC) No 1435/2003 — European Cooperative Society (SCE) — Choice of legal basis — Article 95 EC — Article 308 EC)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, European cooperative, action for annulment (EU), legal status

C 143/4

EN

Official Journal of the European Union

17.6.2006

(b) by making provision for automatic service of an order to leave
Belgian territory on citizens of the Union who do not produce
within the prescribed period the documents required to obtain
a residence permit, the Kingdom of Belgium has failed to fulfil
its obligations under Article 2 of Directive 90/364, Article 4
of Council Directive 68/360/EEC, Article 4 of Council Direc-
tive 73/148/EEC, Article 2 of Council Directive 93/96/EEC
and Article 2 of Council Directive 90/365/EEC;

Re:

Annulment of Council Regulation (EC) No 1435/2003 of 22
July 2003 on the Statute for a European Cooperative Society
(SCE) (OJ 2003 L 207, p. 1)

Operative part of the judgment

The Court:

1. Dismisses the action;

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

2. Orders the European Parliament to pay the costs;

3. Orders

the United Kingdom of Great Britain and Northern

Ireland to bear its own costs.

3. Orders the Kingdom of Spain,

the United Kingdom of Great
Britain and Northern Ireland and the Commission of the Euro-
pean Communities to bear their own costs.

(1) OJ C 275, 15.11.2003.

(1) OJ C 289, 29.11.2003.

Judgment of the Court (Grand Chamber) of 2 May 2006 —
European Parliament v Council of the European Union

Judgment of the Court (Third Chamber) of 30 March 2006
(reference for a preliminary ruling from the Corte d'ap-
pello di Milano) — Servizi Ausiliari Dottori Commercia-
listi Srl v Giuseppe Calafiori

(Case C-436/03) (1)

(Case C-451/03) (1)

(Action for annulment — Regulation (EC) No 1435/2003 —
European Cooperative Society (SCE) — Choice of legal basis
— Article 95 EC — Article 308 EC)

(Freedom of establishment — Freedom to provide services —
Competition rules applicable to undertakings — State aid —
Tax Advice Centres — Pursuit of certain tax advice and
assistance activities — Exclusive right — Remuneration for
such activities)

(2006/C 143/08)

Language of the case: French

(2006/C 143/09)

Language of the case: Italian

Parties

Referring court

Corte d'appello di Milano

Parties to the main proceedings

Applicant: European Parliament (represented by: R. Passos, E.
Waldherr and J. Rufas Quintana, Agents)

Applicant: Servizi Ausiliari Dottori Commercialisti Srl

Defendant: Giuseppe Calafiori

Defendant: Council of the European Union (represented by: J.-P.
Jacqué and M.C. Giorgi Fort, Agents)

Re:

Intervener: Commission of the European Communities (repre-
sented by: C. Schmidt and J.-F. Pasquier, Agents); Kingdom of
Spain (represented by: E. Braquehais Conesa, Agent); United
Kingdom of Great Britain and Northern Ireland (represented by:
R. Caudwell, Agent, assisted by Lord Goldsmith and N. Paines)

Reference for a preliminary ruling — Corte d'appello di Milano
— Interpretation of Articles 4, 10, 43, 48, 49, 82, 86, 87 and
98 EC — Compatibility of national rules relating to the declara-
tion of income which confer on tax advice centres the exclusive
right to provide certain consultation and assistance services to
undertakings and their employees