Case C-399/03: Judgment of the Court (Second Chamber) of 22 June 2006 — Commission of the European Communities v Council of the European Union (State aid — Existing aid scheme — Tax scheme for coordination centres established in Belgium — Competence of the Council)
Date: 2006-09-02
Institutions: Court of Justice
Subjects: Belgium, European Commission, State aid, action for annulment (EU), business management, control of State aid

C 212/2

EN

Official Journal of the European Union

2.9.2006

Other party to the proceedings: Commission of the European
Communities (represented by: W. Wils and F. Castillo de la
Torre, acting as Agents, and J. Rivas de Andrés and J. Gutiérrez
Gisbert, abogados)

Interveners in support of the defendants: United Kingdom of Great
Britain and Northern Ireland (represented by: M. Bethell, Agent,
and G. Barling QC), Kingdom of Spain (represented by N. Díaz
Abad, L. Fraguas Gadea and F. Díez Moreno, Agents)

Re:

Appeal against the judgment of the Court of First Instance
(First Chamber, Extended Composition) of 4 March 2003 in
Case T-319/99 FENIN v Commission in which the Court
dismissed the action for annulment brought by the appellant
against the Commission's decision of 26 August 1999 (SG(99)
D/7.040)
relating to the organisations which manage the
Spanish national health system concerning the conditions for
payment imposed by those organisations on their suppliers of
health products and other allegedly anti-competitive practices
of such organisations — Definition of ‘undertaking’

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders the Federación Española de Empresas de Tecnología Sani-

taria (FENIN) to pay the costs of these proceedings;

3. Orders

the United Kingdom of Great Britain and Northern

Ireland and the Kingdom of Spain to bear their own costs.

(1) OJ C 184, 02.08.2003.

Judgment of the Court (Second Chamber) of 22 June 2006
— Commission of the European Communities v Council
of the European Union

(Case C-399/03) (1)

(State aid — Existing aid scheme — Tax scheme for coordi-
nation centres established in Belgium — Competence of the
Council)

Defendant: Council of the European Union (represented by: A.-
M. Colaert and F. Florindo Gijón, Agents)

Re:

Annulment of Council Decision 2003/531/EC of 16 July 2003
on the granting of aid by the Belgian Government to certain
coordination centres established in Belgium (OJ 2003 L 184, p.
17)

Operative part of the judgment

The Court:

1. Annuls Council Decision 2003/531/EC of 16 July 2003 on the
granting of aid by the Belgian Government to certain coordination
centres established in Belgium;

2. Orders the Council of the European Union to pay the costs.

(1) OJ C 275, 15.11.2003.

Judgment of the Court (Grand Chamber) of 4 July 2006
(reference for a preliminary ruling from the Monomeles
Protodikio Thessalonikis — Greece) — Konstantinos
Adeneler, Pandora Kosa-Valdirka, Nikolaos Markou, Agapi
Pantelidou, Christina Topalidou, Apostolos Alexopoulos,
Konstantinos Vasiniotis, Vasiliki Karagianni, Apostolos
Tsitsionis, Aristidis Andreou, Evangelia Vasila, Kalliopi
Peristeri, Spiridon Sklivanitis, Dimosthenis Tselefis, Theo-
pisti Patsidou, Dimitrios Vogiatzis, Rousas Voskakis, Vasi-
lios Giatakis v Ellinikos Organismos Galaktos (ELOG)

(Case C-212/04) (1)

(Directive 1999/70/EC — Clauses 1(b) and 5 of the frame-
work agreement on fixed-term work — Successive fixed-term
employment contracts in the public sector — Concepts of
‘successive contracts’ and ‘objective reasons’ justifying the
renewal of such contracts — Measures intended to prevent
abuse — Sanctions — Scope of the obligation to interpret
national law in conformity with Community law)

(2006/C 212/03)

Language of the case: French

(2006/C 212/04)

Language of the case: Greek

Parties

Referring court

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet, V. Di Bucci and R. Lyal, Agents)

Monomeles Protodikio Thessalonikis