Case C-262/05: Judgment of the Court (Fifth Chamber) of 15 June 2006 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2001/19/EC — Mutual recognition of diplomas, certificates and other qualifications — Nurse, dentist, veterinary surgeon, midwife, architect, pharmacist and doctor — Failure to transpose within the period prescribed)
Date: 2006-09-30
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, health care profession, national implementing measure, professional qualifications, recognition of diplomas, right of establishment, town-planning profession, vocational training

30.9.2006

EN

Official Journal of the European Union

C 237/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 29 June 2006
— Showa Denko KK v Commission of the European
Communities

2. Orders Showa Denko KK to pay the costs.

(Case C-289/04 P) (1)

(1) OJ C 239, 25.09.2004.

(Appeals — Competition — Agreements, decisions and
concerted practices — Graphite electrodes — Article 81(1)
EC — Fines — Guidelines on the method of setting fines —
Leniency Notice — Principle of non bis in idem)

(2006/C 237/01)

Language of the case: English

Judgment of the Court (Fifth Chamber) of 15 June 2006 —
Commission of the European Communities v Republic of
Austria

Parties

Appellant: Showa Denko KK (represented by: M. Dolmans and
P. Werdmuller, advocaten, and J. Temple-Lang, Solicitor)

Other parties to the proceedings: Commission of the European
Communities (represented by: P. Hellström and H. Gading,
Agents), Tokai Carbon Co. Ltd, established in Tokyo, SGL
Carbon AG, established in Wiesbaden (Germany), Nippon
Carbon Co. Ltd, established in Tokyo, GrafTech International
Ltd,
in
Wilmington (United States), SEC Corp., established in Amaga-
saki (Japan), The Carbide/Graphite Group Inc., established in
Pittsburgh (United States)

formerly UCAR International

established

Inc.,

Re:

Appeal against the judgment of the Court of First Instance
(Second Chamber) 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 Co. Ltd and Others v Commission annulling in
part Commission Decision 2002/271/EC of 18 July 2001
relating to a proceeding under Article 81 of the EC Treaty
(COMP/E-1/36.490 — Graphite electrodes) and reducing the
amount of the fine imposed on the applicants

Operative part of the judgment

The Court:

1. Dismisses the appeal;

(Case C-262/05) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/19/EC — Mutual recognition of diplomas, certificates
and other qualifications — Nurse, dentist, veterinary
surgeon, midwife, architect, pharmacist and doctor — Failure
to transpose within the period prescribed)

(2006/C 237/02)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Manville and H. Støvlbæk, Agents)

Defendant: Republic of Austria (represented by: E. Riedl, Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
transpose, within the prescribed period, Directive 2001/19/EC
of the European Parliament and of the Council of 14 May
2001 amending Council Directives 89/48/EEC and 92/51/EEC
on the general system for the recognition of professional quali-
fications and Council Directives 77/452/EEC, 77/453/EEC,
78/1027/EEC,
78/686/EEC,
80/154/EEC,
85/432/EEC,
85/433/EEC and 93/16/EEC concerning the professions of
nurse responsible for general care, dental practitioner, veter-
inary surgeon, midwife, architect, pharmacist and doctor (OJ
2001 L 206, p. 1)

78/1026/EEC,
85/384/EEC,

78/687/EEC,
80/155/EEC,

C 237/2

EN

Official Journal of the European Union

30.9.2006

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the prescribed period, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2001/19/EC of the European Parliament
and of the Council of 14 May 2001 amending Council Directives
89/48/EEC and 92/51/EEC on the general system for the recog-
nition of professional qualifications and Council Directives
77/452/EEC,
78/687/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC
concerning the professions of nurse responsible for general care,
dental practitioner, veterinary surgeon, midwife, architect, pharma-
cist and doctor, the Republic of Austria has failed to fulfil its obli-
gations under that directive;

78/686/EEC,

77/453/EEC,

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 205, 20.08.2005.

Action brought on 6 June 2006 — Commission of the
European Communities v Federal Republic of Germany

informing the Commission thereof, the Federal Republic of
Germany has failed to fulfil its obligations under Article 6
of that directive;

— order the Federal Republic of Germany to pay the costs of

the proceedings.

Pleas in law and main arguments

The period laid down for implementing the directive expired
on 25 June 2005.

(1) OJ 2003 L 156, p. 17.

Reference for a preliminary ruling from the Bundesfi-
nanzhof (Germany) lodged on 29 June 2006 — Finanzamt
Hamburg-Am Tierpark v Burda Verlagsbeteiligungen
GmbH

(Case C-284/06)

(2006/C 237/04)

Language of the case: German

(Case C-253/06)

(2006/C 237/03)

Language of the case: German

Referring court

Bundesfinanzhof

Parties

Applicant: Commission of the European Communities (repre-
sented by: F. Simonetti and B. Schima, acting as Agents)

Defendant: Federal Republic of Germany

Parties to the main proceedings

Appellant: Finanzamt Hamburg-Am Tierpark

Respondent: Burda Verlagsbeteiligungen GmbH

Questions referred

Forms of order sought

The applicant claims that the Court should:

— declare that, by not bringing into force the laws, regulations
and administrative provisions necessary to implement
Directive 2003/35/EC (1) of the European Parliament and of
the Council of 26 May 2003 providing for public participa-
tion in respect of the drawing up of certain plans and
programmes relating to the environment and amending
with regard to public participation and access to justice
Council Directives 85/337/EEC and 96/61/EC, or by not

1. Is there withholding tax within the meaning of Article 5(1)
of Council Directive 90/435/EEC (1) of 23 July 1990 on the
common system of taxation applicable in the case of parent
companies and subsidiaries of different Member States (OJ
1990 L 225, p. 6, …, now Article 5 as amended by Direc-
tive 2003/123/EC of 22 December 2003, OJ 2004 L 7,
p. 41)
law provides that,
where profits are distributed by a subsidiary to its parent
capital
company,
company are taxed which, under national law, would not be
taxed if they remained with the subsidiary and were not
distributed to the parent company?

in the case in which national

income and asset

increases of

the