Case C-110/04 P: Order of the Court of  30 March 2006  — Strintzis Lines Shipping SA v Commission of the European Communities (Appeal — Article 85(1) of the EC Treaty (now Article 81(1) EC) — Competition — Concerted practices — Agreement between undertakings — Commission's powers of investigation)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), competition law, fixing of prices, maritime transport, price agreement, restrictive trade practice

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)

C 178/12

EN

Official Journal of the European Union

29.7.2006

Other party to the proceedings: Commission of the European
Communities (represented by: R. Lyal and T. Christoforou,
Agents, assisted by G. Athanassiou, lawyer)

Re:

Re:

the decision of

the Court of First
Appeal brought against
Instance (Fifth Chamber) of 11 December 2003, Strintzis Lines
Shipping SA v Commission (T-65/99) dismissing as unfounded
an action for annulment of the Commission's Decision of 9
December 1998 relating to a proceeding under Article 85 of
the EC Treaty (IV/34466 — Greek Ferry Boats)

Reference for a preliminary ruling — Tribunal de police de
Neufchâteau — Interpretation of Arts. 10, 39, 43 and 49 EC
— National measure requiring a motor vehicle to be registered
in that Member State if it is to be used by a resident even if it
has been provided to that resident by the latter's employer,
established in another Member State — Worker bound to his
employer by an employment contract and simultaneously
performing the functions of shareholder, administrator and
person responsible for day-to-day administration, or an equiva-
lent function

Operative part of the order

1. The appeal is dismissed;

Operative part of the judgment

2. The cross-appeal of the Commission of the European Communities

is dismissed;

3. Strintzis Lines Shipping SA is ordered to bear 90 % of the costs;

4. The Commission of the European Communities is ordered to bear

10 % of the costs.

Article 43 EC precludes the national legislation of one Member State
from obliging, as the legislation in the current criminal proceedings
does, a self-employed person residing in that Member State to register
a company vehicle provided to him by the company, established in
another Member State, that employs him, when the company vehicle
is neither actually intended to be used permanently in the first
Member State nor is in fact used in that way.

(1) OJ C 106, 30.4.2004.

(1) OJ C 217, 28.8.2004.

Order of the Court (Fourth Chamber) of 2 May 2006 —
(reference for a preliminary ruling from the Tribunal de
police de Neufchâteau — Belgium) — Criminal proceed-
ings against Henri Léon Schmitz

Order of the Court (Fourth Chamber) of 30 May 2006 —
(reference for a preliminary ruling from the Cour de cassa-
tion, Belgium) — Criminal proceedings against Sébastien
Victor Leroy

(Case C-291/04) (1)

(Case C-435/04) (1)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Free movement of persons and services — Workers
— Motor vehicle — Provided to worker by employer —
Vehicle registered abroad — Employer established in another
Member State )

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Vehicle leasing — Prohibition on using in a Member
State a vehicle belonging to a leasing company established in
another Member State and registered in that State — Perma-
nent use on the territory of the first Member State)

(2006/C 178/19)

Language of the case: French

National court

Tribunal de police de Neufchâteau

Criminal proceedings against

Henri Léon Schmitz

(2006/C 178/20)

Language of the case: French

Referring court

Cour de cassation