Case C-286/05: Judgment of the Court (Fourth Chamber) of  4 May 2006  (reference for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg — Germany) — Reinhold Haug v Land Baden-Württemberg (Protection of the European Communities' financial interests — Regulation (EC, Euratom) No 2988/95 — Repayment of Community aid — Retroactive application of less severe administrative penalties)
Date: 2006-07-15
Institutions: Court of Justice
Subjects: administrative sanction, application of EU law, interpretation of the law

15.7.2006

EN

Official Journal of the European Union

C 165/11

Defendant:
Agent, and by M.G. Aiello, lawyer)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose, within the prescribed period, Directive 2003/87/EC
of the European Parliament and of the Council of 13 October
2003 establishing a scheme for greenhouse gas emission allow-
ance trading within the Community and amending Council
Directive 96/61/EC (OJ 2003 L 275, p.32)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2003/87/EC of the European Parliament
and of the Council of 13 October 2003 establishing a scheme for
greenhouse gas emission allowance trading within the Community
and amending Council Directive 96/61/EC, the Italian Republic
has failed to fulfil its obligations under that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 115, 14.05.2005.

Judgment of the Court (Fourth Chamber) of 4 May 2006
(reference for a preliminary ruling from the Verwaltungs-
gerichtshof Baden-Württemberg — Germany) — Reinhold
Haug v Land Baden-Württemberg

(Case C-286/05) (1)

(Protection of the European Communities' financial interests
— Regulation (EC, Euratom) No 2988/95 — Repayment of
Community aid — Retroactive application of less severe
administrative penalties)

(2006/C 165/18)

Language of the case: German

Referring court

Verwaltungsgerichtshof Baden-Württemberg

Parties to the main proceedings

Applicant: Reinhold Haug

Defendant: Land Baden-Württemberg

Reference for a preliminary ruling — Verwaltungsgerichtshof
(Administrative Court) Baden-Württemberg — Interpretation of
Arts. 2(2), second sentence, 4(1) and (4) and 5(1) of Council
Regulation (EC, Euratom) No 2988/95 of 18 December 1995
on the protection of the European Communities' financial inter-
ests (OJ 1995 L 312, p. 1) and Article 31(3) of Commission
Regulation (EC) No 2419/2001 of 11 December 2001 laying
down detailed rules for applying the integrated administration
and control system for certain Community aid schemes estab-
lished by Council Regulation (EEC) No 3508/92 (OJ 2001
L 327, p. 11) — Retroactive application of a less strict provi-
sion — Meaning of ‘administrative measure’ and ‘administrative
penalty’ — Repayment of area aid unduly received

Operative part of the judgment

The second sentence of Article 2(2) of Council Regulation (EC,
Euratom) No 2988/95 of 18 December 1995 on the protection of
interests does not apply if, a
the European Communities' financial
difference of more than 20 % of
the determined area within the
meaning of Article 9(2) of Commission Regulation (EEC) No 3887/
92 of 23 December 1992 laying down detailed rules for applying the
integrated administration and control system for certain Community
aid schemes having been found, full repayment of the Community aid
initially granted,
the
economic operator concerned contends that the amount of the aid to
be repaid might be lower under Article 31(3) of Commission Regu-
lation (EC) No 2419/2001 of 11 December 2001 laying down
detailed rules for applying the integrated administration and control
system for certain Community aid schemes established by Council
Regulation (EEC) No 3508/92.

together with interest,

sought whereas

is

(1) OJ C 229, 17.9.2005.

Judgment of the Court (Fifth Chamber) of 18 May 2006 —
the European Communities v Grand-
Commission of
Duchy of Luxembourg

(Case C-354/05) (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2003/55/EC — Internal market in natural gas)

(2006/C 165/19)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Heller and B.Schima, agents)

Defendant: Grand-Duchy of Luxembourg (represented by: S.
Schreiner, acting as agent)