Case C-343/05: Judgement of the Court (Fourth Chamber) of  18 May 2006  — Commission of the European Communities v Republic of Finland (Failure by a Member State to fulfil its obligations — Directive 2001/37/EC — Manufacture, presentation and sale of tobacco products — Prohibition on placing on the market of tobacco for oral use — Failure to transpose within the prescribed period)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, duty-free sale, marketing, tobacco

C 178/10

EN

Official Journal of the European Union

29.7.2006

Judgement of the Court (First Chamber) of 1 June 2006 —
the European Communities v Italian
Commission of

2. Orders the Italian Republic to pay the costs.

Republic

(Case C-207/05) (1)

(1) OJ C 182, 23.7.2005.

(Failure of a Member State to fulfil obligations — State aid
— Second subparagraph of Article 88(2) EC — Aid incom-
patible with the common market — Duty to recover — Non-
fulfilment)

(2006/C 178/15)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: V. Di Bucci and L. Pignataro, Agents)

Judgement of the Court (Fourth Chamber) of 18 May 2006
— Commission of the European Communities v Republic
of Finland

(Case C-343/05) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2001/37/EC — Manufacture, presentation and sale of
tobacco products — Prohibition on placing on the market of
tobacco for oral use — Failure to transpose within the
prescribed period)

(2006/C 178/16)

Language of the case: Finnish

Defendant:
Agent, assisted by M. Fiorilli, avvocato dello Stato)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Parties

Failure of a Member State to fulfil obligations — Breach of
Articles 3 and 4 of Commission Decision 2003/193/EC of 5
June 2002 on State aid granted by Italy in the form of tax
exemptions and subsidised loans to public utilities with a
majority public capital holding [C-27/99 (ex NN 69/98)] (OJ L
77,2003, p. 21) — Failure to adopt, within the prescribed
period, the necessary measures to recover aid declared incom-
patible with the common market

Operative part of the judgement

The Court:

1. Declares that by failing to adopt, within the prescribed period, the
necessary measures to recover aid declared unlawful land incompa-
tible with the
common market by Commission Decision
2003/193/EC of 5 June 2002 on State aid granted by Italy in
the form of tax exemptions and subsidised loans to public utilities
with a majority public capital holding, the Italian Republic has
failed to fulfil its obligations under Articles 3 and 4 of that deci-
sion.

Applicant: Commission of the European Communities (repre-
sented by: L. Pignataro-Nolin and M. Huttunen, Agents)

Defendant: Republic of Finland (represented by: J. Himmanen,
Agent)

Re:

Failure by a Member State to fulfil its obligations — Failure to
transpose Article 8a of Council Directive 89/622/EEC of 13
November 1989 on the approximation of the laws, regulations
and administrative provisions of the Member States concerning
the labelling of tobacco products (OJ 1989 L 359, p.1) as
inserted by Council Directive 92/41/EEC of 15 May 1992
amending that directive (OJ 1992 L 158, p. 30), and Article 8
of Directive 2001/37/EC of the European Parliament and of the
Council of 5 June 2001 on the approximation of the laws,
regulations and administrative provisions of the Member States
concerning the manufacture, presentation and sale of tobacco
products — Commission statement (OJ L 194, p. 26) — Prohi-
bition on placing on the market of tobacco for oral use in rela-
tion to Åland and vessels registered in Finland

29.7.2006

EN

Official Journal of the European Union

C 178/11

Operative part of the judgement

The Court:

Sartorius and Giuseppe Momblano (Joined Cases C-23/03 and
C-52/03), Alessandro Nizza and Giacomo Pizzi
(C-133/03),
Fabrizio Barra (C-337/03), Adelio Aggio and Others (C-473/03)

1. Declares that, by failing to ensure transposition by Åland of
Article 8a of Directive 89/622/EEC of 13 November 1989 on
the approximation of
the laws, regulations and administrative
the Member States concerning the labelling of
provisions of
tobacco products, as amended by Council Directive 92/41/EEC of
15 May 1992, amended by Article 8 of Directive 2001/37/EC
of the European Parliament and of the Council of 5 June 2001
on the approximation of the laws, regulations and administrative
the Member States concerning the manufacture,
provisions of
presentation and sale of
tobacco products, and observance on
vessels registered in Finland of the prohibition on placing on the
market of snuff
the Republic of
laid down by that provision,
Finland has failed to fulfil its obligations under the EC Treaty and
Directive 2001/37;

2. Orders the Republic of Finland to pay the costs.

(1) OJ C 281, 12.11.2005.

Order of the Court (Second Chamber) of 4 May 2006 —
(references for a preliminary ruling from the Tribunale
ordinario di Milano and the Tribunale ordinario di Torino
(Italy)) — Criminal proceedings against Michel Mulliez and
Others and Giuseppe Momblano (Joined Cases C-23/03
and C-52/03), Alessandro Nizza and Giacomo Pizzi (C-133/
03), Fabrizio Barra (C-337/03), Adelio Aggio and Others
(C-473/03)

(Joined Cases C-23/03, C-52/03, C-133/03, C-337/03 and C-
473/03) (1)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Company law — First Directive 68/151/EEC, Fourth
Directive 78/660/EEC and Seventh Directive 83/349/EEC —
Annual accounts — Principle of a true and fair view —
Penalties provided for in cases of false information on compa-
nies (false accounting) — Article 6 of First Directive
68/151/EEC — Requirement that penalties for breaches of
Community law be appropriate)

(2006/C 178/17)

Language of the case: Italian

Referring courts

Tribunale ordinario di Milano, Tribunale ordinario di Torino

Re:

References for a preliminary ruling — Tribunale ordinario di
Milano, Tribunale ordinario di Torino — Interpretation of
Article 6 of First Council Directive 68/151/EEC of 9 March
1968 on co-ordination of safeguards which, for the protection
the interests of members and others, are required by
of
Member States of companies within the meaning of the second
paragraph of Article 58 of the Treaty, with a view to making
such safeguards equivalent throughout the Community (OJ L
65, p. 8) — Annual accounts — Offences of failure to publish,
and publication of false information — Appropriate penalties

Operative part of the order

In situations such as those in issue in the main proceedings, First
Council Directive 68/151/EEC of 9 March 1968 on co-ordination
of safeguards which, for the protection of the interests of members and
others, are required by Member States of companies within the
meaning of the second paragraph of Article 58 of the Treaty, with a
view to making such safeguards equivalent
the Com-
munity, cannot be relied on as such against accused persons by the
authorities of a Member State within the context of criminal proceed-
ings, in view of the fact that a directive cannot, of itself and indepen-
dently of national
legislation adopted by a Member State for its
implementation, have the effect of determining or increasing the crim-
inal liability of those accused persons.

throughout

(1) OJ C 70, 22.3.2003.

Order of the Court of 30 March 2006 — Strintzis Lines
Shipping SA v Commission of the European Communities

(Case C-110/04 P) (1)

(Appeal — Article 85(1) of the EC Treaty (now Article 81(1)
EC) — Competition — Concerted practices — Agreement
between undertakings — Commission's powers of investiga-
tion)

(2006/C 178/18)

Language of the case: Greek

Criminal proceedings against

Parties

Michel Mulliez, Patrick Lesaffre, Peter Hordjk, Michel Hoste,
Christophe Dubrulle, Benoit Lheureux, Guy Geffroy, Gregory

Applicant: Strintzis Lines Shipping SA (represented by: A. Kalo-
geropoulos, K. Adamantopoulos, M. Nissen and E. Petritsi,
lawyers)