Case C-408/03: Judgment of the Court (Grand Chamber) of  23 March 2006  — Commission of the European Communities v Kingdom of Belgium (Failure to fulfil obligations — Breach of Community legislation on the right of residence of citizens of the Union — National legislation and administrative practice relating to the requirement of sufficient personal resources and the issuing of orders to leave the territory of the Member State concerned)
Date: 2006-06-17
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, residence permit

17.6.2006

EN

Official Journal of the European Union

C 143/3

Judgment of the Court (Third Chamber) of 30 March 2006
— Kingdom of Spain v Council of the European Union

Judgment of the Court (Grand Chamber) of 23 March
2006 — Commission of the European Communities v
Kingdom of Belgium

(Joined Cases C-87/03 and C-100/03) (1)

(Fisheries — Regulation distributing catch quotas among
Member States — Act of accession of Spain — End of the
transitional period — Requirement of relative stability —
Principle of non-discrimination — New fishing opportunities)

(2006/C 143/06)

Language of the case: Spanish

(Case C-408/03) (1)

(Failure to fulfil obligations — Breach of Community legisla-
tion on the right of residence of citizens of the Union —
National legislation and administrative practice relating to
the requirement of sufficient personal resources and the
issuing of orders to leave the territory of the Member State
concerned)

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad,
Agent)

Defendant: Council of the European Union (represented by: G.
Ramos Ruano and F. Florindo Gijón,Agents,)

Interveners: Commission of the European Communities (repre-
sented by: T. van Rijn, F. Jimeno Fernandez and S. Pardo Quin-
tillán, Agents), United Kingdom of Great Britain and Northern
Ireland (represented by: D. Wyatt QC and K. Manji, Agent

Re:

Partial annulment of Council Regulation (EC) No 2341/2002 of
20 December 2002 fixing for 2003 the fishing opportunities
and associated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and, for Com-
munity vessels, in waters where catch limitations are required
(OJ 2002 L 356, p. 12), in so far as the new fishing opportu-
nities, fixed from 1992 to 1998 for the North Sea and for the
the interests of
Baltic, are not allocated taking account of
Spain, despite the fact that the transitional period has come to
an end — Discrimination — Application of Art. 20(2) of
Council Regulation (EC) No 2371/2002 of 20 December 2002
on the conservation and sustainable exploitation of fisheries
resources under the common fisheries policy (OJ 2002 L 358,
p. 59).

Operative part of the judgment

The Court:

1. Dismisses the actions;

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

3. Orders

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

(1) OJ C 135, 07.06.2003.

(2006/C 143/07)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and D. Martin, Agents)

Defendant: Kingdom of Belgium (represented by: E. Dominko-
vits, Agent,)

Intervener in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented by: C. Jackson, Agent,
and by E. Sharpston QC)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Community legislation on the right of residence of citizens
of the Union — National legislation and administrative practice
concerning the condition of possession of sufficient personal
resources and the issue of orders to leave the territory

Operative part of the judgment

1. Declares that

(a) by excluding the income of a partner residing in the host
Member State in the absence of an agreement concluded
before a notary and containing an assistance clause,
the
Kingdom of Belgium has failed to fulfil its obligations under
Article 18 EC and Council Directive 90/364/EEC of 28 June
1990 on the right of residence when applying that directive to
nationals of a Member State who wish to rely on their rights
under that directive and on Article 18 EC,

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