Joined Cases C-317/04 and C-318/04: Judgement of the Court (Grand Chamber) of  30 May 2006  — European Parliament v Council of the European Union (Protection of individuals with regard to the processing of personal data — Air transport — Decision 2004/496/EC — Agreement between the European Community and the United States of America — Passenger Name Records of air passengers transferred to the United States Bureau of Customs and Border Protection — Directive 95/46/EC — Article 25 — Third countries — Decision 2004/535/EC — Adequate level of protection)
Date: 2006-07-29
Institutions: Court of Justice
Subjects: Council of the European Union, EU competence, European Parliament, agreement (EU), appeal to the Court (EU), data processing, disclosure of information, personal data, protection of privacy

29.7.2006

EN

Official Journal of the European Union

C 178/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgement of the Court (Third Chamber) of 1 June 2006
— P&O European Ferries (Vizcaya) SA v Diputación Foral
de Vizcaya, Commission of the European Communities

(Joined Cases C-442/03 P and C-471/03 P) (1)

(State aid — Appeals — Actions for annulment — Decision
terminating a review procedure initiated under Article 88(2)
EC — Concept of State aid — Force of res judicata — Aid
which may be declared compatible with the common market
— Social aid — Conditions)

(2006/C 178/01)

Languages of the case: English and Spanish

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders P&O Ferries (Vizcaya) SA and the Diputación Foral de

Vizcaya to pay the costs.

(1) OJ C 7, 10.1.2004 and OJ C 21, 24.1.2004.

Parties

Appellant (in Case C-442/03 P): P&O European Ferries (Vizcaya)
SA (represented by: J. Lever QC, J. Ellison, solicitor, and M.
Pickford, barrister, assisted by E. Bourtzalas, abogado)

Appellant (in Case C-471/03 P): Diputación Foral de Vizcaya
(represented by:
I. Sáenz-Cortabarría Fernández, M. Morales
Isasi and J. Forguera Crespo, abogados)

Other party to the proceedings: Commission of the European
Communities (represented by: N. Khan and J. Buendía Sierra,
Agents)

Judgement of the Court (Grand Chamber) of 30 May 2006
— European Parliament v Council of the European Union

(Joined Cases C-317/04 and C-318/04) (1)

(Protection of individuals with regard to the processing of
personal data — Air transport — Decision 2004/496/EC —
Agreement between the European Community and the United
States of America — Passenger Name Records of air passen-
gers transferred to the United States Bureau of Customs and
Border Protection — Directive 95/46/EC — Article 25 —
Third countries — Decision 2004/535/EC — Adequate level
of protection)

Re:

and Diputación Foral

Appeals against the judgment of the Court of First Instance
(First Chamber, Extended Composition) of 5 August 2003 in
Joined Cases T-116/01 and T-118/01 P&O European Ferries
v Commission
(Vizcaya)
dismissing an application seeking the annulment of Article 2 of
Commission Decision 2001/247/EC of 29 November 2000 on
the aid scheme implemented by Spain in favour of the shipping
company Ferries Golfo de Vizcaya SA, now P&O European
Ferries (Vizcaya) SA, and ordering the repayment of the aid
held to be incompatible with the common market

de Vizcaya

(2006/C 178/02)

Language of the case: French

Parties

Applicant: European Parliament (represented by: R. Passos, N.
Lorenz, H. Duintjer Tebbens and A. Caiola, Agents)

C 178/2

EN

Official Journal of the European Union

29.7.2006

Intervener in support of the applicant: European Data Protection
Supervisor (EDPS) (represented by: H. Hijmans and V. Perez
Asinari, Agents)

2. Preserves the effect of Decision 2004/535 until 30 September
2006, but not beyond the date upon which that Agreement comes
to an end;

Defendant (in Case C-317/04): Council of the European Union
(represented by: M.C. Giorgi Fort and M. Bishop, Agents)

3. Orders the Council of the European Union to pay the costs in

Case C-317/04;

(in Case C-318/04): Commission of the European
Defendant
Communities (represented by: P.J. Kuijper, A. van Solinge, C
Docksey and F. Benyon, Agents)

the defendant

in support of

(in Case C-317/04):
Interveners
Commission of the European Communities (represented by: P.J.
Kuijper, A. van Solinge and C. Docksey, Agents); United
Kingdom of Great Britain and Northern Ireland (represented by:
M. Bethell, C. White and T. Harris, Agents, and by T. Ward,
Barrister)

4. Orders the Commission of the European Communities to pay the

costs in Case C-318/04;

5. Orders the Commission of the European Communities to bear its

own costs in Case C-317/04;

6. Orders

the United Kingdom of Great Britain and Northern
Ireland and the European Data Protection Supervisor to bear their
own costs.

(1) OJ C 228, 11.9.2004.

Intervener in support of the defendant (in Case C-318/04): United
Kingdom of Great Britain and Northern Ireland (represented by:
M. Bethell, C. White and T. Harris, Agents, and by T. Ward,
Barrister)

Re:

annulment:

Action for
annulment of Council Decision
2004/496/EC of 17 May 2004 on the conclusion of an Agree-
ment between the European Community and the United States
of America on the processing and transfer of PNR data by Air
Carriers to the United States Department of Homeland Security,
Bureau of Customs and Border Protection (OJ L 183, 2004, p.
83) (C-317/04)

Action for annulment: annulment of Commission Decision
2004/535/EC of 14 May 2004 on the adequate protection of
personal data contained in the Passenger Name Record of air
passengers transferred to the United States Bureau of Customs
and Border Protection (OJ L 235, 2004, p. 11) (C-318/04)

Judgement of the Court (Second Chamber) of 8 June 2006
(reference for a preliminary ruling from the Bundesfi-
nanzhof, Germany) — Finanzamt Eisleben v Feuerbestat-
tungsverein Halle eV

(Case C-430/04) (1)

(Sixth VAT Directive — Possibility of relying on the second
subparagraph of Article 4(5) — Activities engaged in by a
private taxable person in competition with a public authority
— Body governed by public law — Treatment as a non-
taxable person in respect of activities engaged in as a public
authority)

(2006/C 178/03)

Language of the case: German

Operative part of the judgement

The Court:

Referring court

Bundesfinanzhof

1. Annuls Council Decision 2004/496/EC of 17 May 2004 on the
conclusion of an Agreement between the European Community
and the United States of America on the processing and transfer
of PNR data by Air Carriers to the United States Department of
Homeland Security, Bureau of Customs and Border Protection,
and Commission Decision 2004/535/EC of 14 May 2004 on
the adequate protection of personal data contained in the
Passenger Name Record of air passengers transferred to the United
States Bureau of Customs and Border Protection;

Parties to the main proceedings

Applicant: Finanzamt Eisleben

Defendant: Feuerbestattungsverein Halle eV

Joined party: Lutherstadt Eisleben