Case C-255/04: Judgment of the Court (First Chamber) of 15 June 2006 — Commission of the European Communities v French Republic (Admissibility — Inconsistency between the grounds pleaded and the heads of claim in the application initiating proceedings — Rule whereby a Court may not rule ultra petita — Article 49 EC — National legislation making the grant of a licence subject to the needs of the market — National legislation imposing a presumption of salaried status — Reversal of the burden of proof — Absence of detailed procedural rules within the meaning of the Peterbroeck case-law — Social protection — Coordination of the applicable legislation by Regulation (EEC) No 1408/71 — Pre-emption — Action to combat concealed employment)
Date: 2006-08-12
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, artistic profession, freedom to provide services, provision of services, trade licence

C 190/2

EN

Official Journal of the European Union

12.8.2006

Interveners in support of the defendant: Commission of the Euro-
pean Communities (represented by: C. O'Reilly and C. Laden-
burger, Agents) and Federal Republic of Germany (represented
by: A. Tiemann, W.-D. Plessing and M. Lumma, Agents)

Re:

Annulment of the last subparagraph of Article 4(1), Article 4(6)
and Article 8 of Council Directive 2003/86/EC of 22
September 2003 on the right to family reunification (OJ 2003
L 251, p. 12) — Derogations from the right to family reunifica-
tion of minor children.

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the European Parliament to pay the costs;

3) Orders the Federal Republic of Germany and the Commission of

the European Communities to bear their own costs.

Re:

Failure of a Member State to fulfil obligations — Articles 43 EC
and 49 EC — French system for the grant of
licences to
performing artists established in another Member State who do
not possess a licence issued under comparable conditions in
their State of origin — Presumption of salaried status applied
to performing artists recognised as service providers established
in their State of origin where they usually provide similar
services

Operative part of the judgment

1. By making the grant of a licence to performing artists' engage-
ments agencies, established in another Member State, subject to
the need to engage performers, and

— by imposing the presumption of salaried status on performing
artists who are recognised as service providers and established
in their Member State of origin, where they usually provide
similar services,

— the French Republic has failed to fulfil its obligations under

Article 49 EC.

(1) OJ C 47, 21.02.2004.

2. The action is dismissed as to the remainder.

3. The Commission of the European Communities and the French

Republic are ordered to bear their own costs.

Judgment of the Court (First Chamber) of 15 June 2006 —
the European Communities v French
Commission of

(1) OJ C 217, 28.8.2004.

Republic

(Case C-255/04) (1)

(Admissibility — Inconsistency between the grounds pleaded
and the heads of claim in the application initiating proceed-
ings — Rule whereby a Court may not rule ultra petita —
Article 49 EC — National legislation making the grant of a
licence subject to the needs of the market — National legisla-
tion imposing a presumption of salaried status — Reversal of
the burden of proof — Absence of detailed procedural rules
within the meaning of the Peterbroeck case-law — Social
protection — Coordination of the applicable legislation by
Regulation (EEC) No 1408/71 — Pre-emption — Action to
combat concealed employment)

(2006/C 190/03)

Language of the case: French

Judgment of the Court (Third Chamber) of 15 June 2006
(reference for a preliminary ruling from the Amtsgericht
Breisach — Germany) — Badischer Winzerkeller eG v
Land Baden-Württemberg

(Case C-264/04) (1)

(Directive 69/335/EEC — Indirect taxes on the raising of
capital — Merger of companies — Rectification of the land
register — Charging of a fee — Whether a 'transfer duty' —
Conditions for charging the fee)

(2006/C 190/04)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and A.-M. Rouchaud-Joët, Agents)

Referring court

Defendant: French Republic (represented by: G. de Bergues and
A. Hare, Agents)

Amtsgericht Breisach