Case C-540/03: Judgment of the Court (Grand Chamber) of 27 June 2006 — European Parliament v Council of the European Union (Immigration policy — Right to family reunification of minor children of third country nationals — Directive 2003/86/EC — Protection of fundamental rights — Right to respect for family life — Obligation to have regard to the interests of minor children)
Date: 2006-08-12
Institutions: Court of Justice
Subjects: Council of the European Union, EU Member State, EU migration policy, European Parliament, action for annulment (EU), family migration, foreign national, rights of aliens

12.8.2006

EN

Official Journal of the European Union

C 190/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgment of the Court (Grand Chamber) of 13 June 2006
(reference for a preliminary ruling from the Tribunale di
in
Genova (Italy)) — Traghetti del Mediterraneo SpA,

at last instance by reason of the fact that the infringement in question
results from an interpretation of provisions of law or an assessment of
facts or evidence carried out by that court.

liquidation v Repubblica italiana

(Case C-173/03) (1)

(Non-contractual
liability of Member States — Damage
caused to individuals by infringements of Community law
attributable to a national court adjudicating at last instance
— National
legislation limiting State liability to cases of
intentional fault and serious misconduct on the part of the
court — Liability excluded in connection with the interpreta-
tion of provisions of law or assessment of facts or evidence in
the exercise of judicial functions)

(2006/C 190/01)

Language of the case: Italian

Community law also precludes national legislation which limits such
liability solely to cases of intentional fault and serious misconduct on
the part of the court, if such a limitation were to lead to exclusion of
the liability of the Member State concerned in other cases where a
manifest infringement of the applicable law was committed, as set out
in paragraphs 53 to 56 of the judgment in Case C-224/01 Köbler
[2003] ECR I-10239.

(1) OJ C 158, 5.7.2003.

Referring court

Tribunale di Genova

Judgment of the Court (Grand Chamber) of 27 June 2006
— European Parliament v Council of the European Union

(Case C-540/03) (1)

Parties to the main proceedings

Applicant: Traghetti del Mediterraneo SpA, in liquidation

Defendant: Repubblica italiana

to family reunification of
(Immigration policy — Right
minor children of
third country nationals — Directive
2003/86/EC — Protection of fundamental rights — Right to
respect for family life — Obligation to have regard to the
interests of minor children)

Re:

liability of a Member State towards

Reference for a preliminary ruling — Tribunale di Genova —
Non-contractual
its
nationals for errors committed by its own courts in the applica-
tion of Community law,
in particular the failure by a court
adjudicating at last instance to refer a case to the Court in
accordance with Article 234 EC

Parties

(2006/C 190/02)

Language of the case: French

Operative part of the judgment

Applicant: European Parliament
Tebbens and A. Caiola, Agents)

(represented by: H. Duintjer

Community law precludes national
legislation which excludes State
liability, in a general manner, for damage caused to individuals by an
infringement of Community law attributable to a court adjudicating

Defendant: Council of
O. Petersen and M. Simm, Agents)

the European Union (represented by:

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