Case C-313/04: Judgment of the Court (Grand Chamber) of 11 July 2006 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main, Germany) — Franz Egenberger GmbH Molkerei und Trockenwerk v Bundesanstalt für Landwirtschaft und Ernährung (Milk and milk products — Regulation (EC) No 2535/2001 — New Zealand butter — Import licence procedures — Inward Monitoring Arrangement (IMA 1) certificate)
Date: 2006-09-16
Institutions: Court of Justice
Subjects: GATT, free movement of goods, import licence, import restriction, interpretation of the law, measure having equivalent effect, milk, milk product, quantitative restriction

C 224/4

EN

Official Journal of the European Union

16.9.2006

Secondly, it follows from the principle of effectiveness and the right
of individuals to seek compensation for loss caused by a contract
or by conduct liable to restrict or distort competition that injured
persons must be able to seek compensation not only for actual loss
(damnum emergens) but also for loss of profit (lucrum cessans)
plus interest.

(1) OJ C 251, 9.10.2004.

a proceeding under Article 81 of the EC Treaty and Article 53
of the EEA Agreement — Case COMP/E-1/36.490 — Graphite
electrodes (OJ 2002 L 100, p. 1)

Operative part of the judgment

The Court:

1. Sets aside the first indent of paragraph 2 of the operative part of
the judgment of
the European
Communities of 29 April 2004 in Joined Cases T-236/01, T-
239/01, T-244/01 to T-246/01, T-251/01 and T-252/01
Tokai Carbon and Others v Commission;

the Court of First

Instance of

Judgment of the Court (Second Chamber) of 29 June 2006
— Commission of the European Communities v SGL
Carbon AG, Tokai Carbon Co. Ltd, Nippon Carbon Co.
Ltd, Showa Denko KK, GrafTech International Ltd,
Inc., SEC Corp., The
formerly UCAR International

Carbide/Graphite Group Inc.

2. Sets at EUR 75.7 million the amount of the fine imposed on
SGL Carbon AG by Article 3 of Commission Decision
2002/271/EC of 18 July 2001 relating to a proceeding under
Article 81 of the EC Treaty and Article 53 of the EEA Agreement
— Case COMP/E-1/36.490 — Graphite electrodes;

3. Orders SGL Carbon AG to pay the costs.

(Case C-301/04 P) (1)

(Appeals — Competition — Agreements, decisions and
concerted practices — Graphite electrodes — Article 81(1)
EC — Fines — Guidelines on the method of setting fines —
Leniency Notice — Production of documents in a Commission
investigation)

(1) OJ C 262, 23.10.2004.

(2006/C 224/06)

Language of the case: German

Parties

Appellant: Commission of the European Communities (repre-
sented by: W. Mölls, W. Wils and H. Gading, Agents)

Other parties to the proceedings: SGL Carbon AG (represented by:
M. Klusmann, Rechtsanwalt), Tokai Carbon Co. Ltd, established
in Tokyo (Japan), Nippon Carbon Co. Ltd, established in Tokyo,
Showa Denko KK, established in Tokyo, GrafTech International
Ltd,
in
Wilmington (United States), SEC Corp., established in Amaga-
saki (Japan), The Carbide/Graphite Group Inc.

formerly UCAR International

established

Inc.,

Re:

Judgment of the Court (Grand Chamber) of 11 July 2006
(reference for a preliminary ruling from the Verwaltungs-
gericht Frankfurt am Main, Germany) — Franz Egenberger
GmbH Molkerei und Trockenwerk v Bundesanstalt für
Landwirtschaft und Ernährung

(Case C-313/04) (1)

(Milk and milk products — Regulation (EC) No 2535/2001
— New Zealand butter — Import licence procedures —
Inward Monitoring Arrangement (IMA 1) certificate)

(2006/C 224/07)

Language of the case: German

Referring court

Verwaltungsgericht Frankfurt am Main

Parties to the main proceedings

Appeal brought against the judgment of 29 April 2004 of the
Court of First Instance (Second Chamber) in Joined Cases T-
236/01, T-239/01, T-244/01 to T-246/01, T-251/01 and T-
252/01 Tokai Carbon and Others v Commission in so far as the
Court of First Instance reduced the amount of the fine which
had been imposed on SGL Carbon (Case T-239/01) by
Commission Decision 2002/271/EC of 18 July 2001 relating to

Applicant: Franz Egenberger GmbH Molkerei und Trockenwerk

Defendant: Bundesanstalt für Landwirtschaft und Ernährung

Intervening party: Fonterra (Logistics) Ltd

16.9.2006

EN

Official Journal of the European Union

C 224/5

Re:

Parties to the main proceedings

Reference for a preliminary ruling — Verwaltungsgericht
Frankfurt am Main — Validity of Arts. 25(1) and 35(2) of
Commission Regulation (EC) No 2535/2001 of 14 December
2001 laying down detailed rules for applying Council Regu-
lation (EC) No 1255/1999 as regards the import arrangements
for milk and milk products and opening tariff quotas (OJ 2001
L 341, p. 29) — Issue of an import certificate, for which an
application may be submitted only in the United Kingdom, for
New Zealand butter subject to the requirement of presentation
of an Inward Monitoring Arrangement (IMA 1) certificate —
Infringement of Arts. 28, 34(2) and 82, first paragraph, EC and
of Arts 26(2) and 29(2) of Council Regulation (EC) No
1255/1999 of 17 May 1999 (OJ 1999 L 160, p. 48) — Infrin-
gement of Art. XVII 1(a) of the GATT agreement — Infringe-
ment of Art. 1(3) of the Agreement on Import Licensing Proce-
dures (OJ 1994 L 336, p. 151)

Operative part of the judgment

1. Article 35(2) of Commission Regulation (EC) No 2535/2001 of
14 December 2001 laying down detailed rules for applying
Council Regulation (EC) No 1255/1999 as regards the import
arrangements for milk and milk products and opening tariff
quotas is invalid inasmuch as it provides that applications for
import licences for New Zealand butter at reduced duty may be
lodged solely with the
the United
Kingdom.

competent authorities of

2. Articles 25 and 32 of Regulation No 2535/2001, read in
conjunction with Annexes III, IV and XII to that regulation, are
invalid since they permit discrimination in the issue of
import
licences for New Zealand butter at reduced duty.

Applicant: Nuova società di telecomunicazioni SpA

Defendants: Ministero delle Comunicazioni, ENI SpA,

Re:

Reference for a preliminary ruling — Consiglio Di Stato (Italy)
— Interpretation of Articles 6 and 11 of Directive 97/13/EC of
the European Parliament and of the Council of 10 April 1997
on a common framework for general authorisations and indivi-
dual
licences in the field of telecommunications services (OJ
1997 L 117, p. 15) — Compatibility with Community law of a
national provision requiring companies providing a public
service and having created telecommunications networks to
create a separate company for the exercise of any activity in
the field of telecommunications

Operative part of the judgment

Article 11 of Directive 97/13/EC of the European Parliament and of
the Council of 10 April 1997 on a common framework for general
authorisations and individual licences in the field of telecommunica-
tions services precludes a national provision, such as that at issue in
the main proceedings, which requires the holder of an individual
licence for the provision of a public telecommunications network, for
which it has paid a fee as provided for in that article, to pay an addi-
tional fee in respect of the private use of that network calculated in
accordance with criteria which do not correspond to those laid down
in that article.

(1) OJ C 239, 25.9.2004.

(1) OJ C 251, 9.10.2004.

Judgment of the Court (Third Chamber) of 18 July 2006
(reference for a preliminary ruling from the Consiglio di
Stato — Italy) — Nuova società di telecomunicazioni SpA
v Ministero delle Comunicazioni, ENI SpA,

Judgment of the Court (Third Chamber) of 6 July 2006
(reference for a preliminary ruling from the Bundesfi-
nanzhof (Germany) — Robert Hans Conijn v Finanzamt
Hamburg-Nord

(Case C-339/04) (1)

(Case C-346/04) (1)

(Telecommunication services — Directive 97/13/EC — Fees
and charges applicable to individual licences)

(Freedom of establishment — Income tax — Tax return —
Tax advice — Right to deduct costs)

(2006/C 224/08)

Language of the case: Italian

(2006/C 224/09)

Language of the case: German

Referring court

Consiglio di Stato

Referring court

Bundesfinanzhof