Case C-113/05 P: Order of the Court of  30 March 2006  — European Federation for Cosmetic Ingredients (EFfCI) v European Parliament and Council of the European Union (Appeal — Directive 2003/15/EC — Action for annulment — Cosmetic products — Protection of public health — Experiments on animals — Prohibition of substances which are carcinogenic, mutagenic or toxic for reproduction — Appeal in part manifestly inadmissible and in part manifestly unfounded)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), animal experimentation, cosmetic product, cosmetics industry

29.7.2006

EN

Official Journal of the European Union

C 178/13

Criminal proceedings against

Sébastien Victor Leroy

Other parties to the proceedings: European Parliament (represented
by: K. Bradley and M. Moore, Agents), Council of the European
Union (represented by E. Karlson and C. Giorgi Fort, Agents)

Action

Re:

Reference for a preliminary ruling — Cour de cassation,
Belgium — Interpretation of Articles 49 to 55 of the EC Treaty
with regard to national legislation prohibiting, on pain of crim-
inal penalties, a person who resides and works in the national
territory from using a vehicle which belongs to a leasing
company established in another Member State and registered in
that State

Operative part of the judgment

Articles 49 EC to 55 EC do not preclude the domestic legislation of a
Member State, such as that at issue in the main proceedings, from
prohibiting a person who resides and works in that State from using,
in that State, a vehicle which he has rented from a leasing company
established in another Member State, when that vehicle has not been
registered in the first State and it is intended that it should be used
there essentially on a permanent basis or is,
in fact, used in that
manner.

Appeal brought against the Order of the Court of First Instance
(Third Chamber) of 10 December 2004 in Case T-196/03 EFfCI
v Parliament and Council — Admissibility of an action for partial
annulment of Article 1 of Directive 2003/15/EC of the Euro-
the Council of 27 February 2003
pean Parliament and of
amending Council Directive 76/768/EEC on the approximation
of the laws of the Member States relating to cosmetic products
(OJ L 2003 66, p. 26) — Person directly and individually
the fourth paragraph of
concerned within the meaning of
Article 230 EC

Operative part of the order

1. The appeal is dismissed;

2. The European Federation for Cosmetic Ingredients is ordered to

pay the costs.

(1) OJ C 300, 4.12.2004.

(1) OJ C 115, 14.5.2005.

Order of the Court of 30 March 2006 — European Federa-
tion for Cosmetic Ingredients (EFfCI) v European Parlia-
ment and Council of the European Union

Order of the Court of 6 April 2006 (reference for a preli-
minary ruling from the Bayerisches Verwaltungsgericht
München- Germany) — Daniel Halbritter v Freistaat
Bayern, represented by the Landesanwaltschaft Bayern

(Case C-113/05 P) (1)

(Case C-227/05) (1)

(Appeal — Directive 2003/15/EC — Action for annulment
— Cosmetic products — Protection of public health —
Experiments on animals — Prohibition of substances which
are carcinogenic, mutagenic or toxic for reproduction —
Appeal in part manifestly inadmissible and in part manifestly
unfounded)

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Directive 91/439/EEC — Mutual recognition of
driving licences — Confiscation of driving licence in one
Member State accompanied by temporary ban on acquiring a
new licence — Licence issued in another Member State after
the expiry of the temporary ban — Recognition and exchange
of that licence in the first Member State — Presentation of a
report on aptitude to drive required by national law)

(2006/C 178/21)

Language of the case: English

(2006/C 178/22)

Language of the case: German

Parties

National court

Applicant: European Federation for Cosmetic Ingredients (EFfCI)
(represented by: K. Van Maldegem and C. Mereu, lawyers)

Bayerisches Verwaltungsgericht München