Case C-131/03 P: Judgment of the Court (Grand Chamber) of 12 September 2006 — R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds Tobacco International, Inc., Japan Tobacco, Inc. v Philip Morris International Inc., Commission of the European Communities, European Parliament, Kingdom of Spain, French Republic, Italian Republic, Portuguese Republic, Republic of Finland, Republic of Germany, Hellenic Republic, Kingdom of the Netherlands (Appeal — Commission's decision to bring proceedings before a court of a non-Member State — Action for annulment — Inadmissible)
Date: 2006-12-02
Institutions: Court of Justice
Subjects: EU Member State, European Commission, European Parliament, General Court (EU), action for annulment (EU), appeal, tobacco industry

C 294/2

EN

Official Journal of the European Union

2.12.2006

Judgment of the Court (Grand Chamber) of 12 September
2006 — R.J. Reynolds Tobacco Holdings, Inc., RJR Acqui-
sition Corp., R.J. Reynolds Tobacco Company, R.J.
Reynolds Tobacco International, Inc., Japan Tobacco, Inc.
v Philip Morris International
Inc., Commission of the
European Communities, European Parliament, Kingdom of
Spain, French Republic,
Italian Republic, Portuguese
Republic, Republic of Finland, Republic of Germany,
Hellenic Republic, Kingdom of the Netherlands

(Case C-131/03 P) (1)

(Appeal — Commission's decision to bring proceedings
before a court of a non-Member State — Action for annul-
ment — Inadmissible)

Operative part of the judgment

1. The appeal is dismissed.

2. R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisition Corp., R.J.
Reynolds Tobacco Company, R.J. Reynolds Tobacco International,
Inc., and Japan Tobacco, Inc., are ordered to pay the costs.

3. The Federal Republic of Germany, the Kingdom of Spain, the
French Republic, the Italian Republic, the Kingdom of the Nether-
lands, the Portuguese Republic, the Republic of Finland, the Euro-
pean Parliament and the Council of the European Union are to
bear their own costs.

(2006/C 294/02)

(1) OJ C 146, 21.06.2003.

Language of the case: English

Parties

Appellants: R.J. Reynolds Tobacco Holdings, Inc., RJR Acquisi-
tion Corp., R.J. Reynolds Tobacco Company, R.J. Reynolds
Tobacco International, Inc., Japan Tobacco, Inc.
(represented
by: P. Lomas, Solicitor, and O.W. Brouwer, Lawyer)

Other parties to the proceedings: Philip Morris International Inc.,
Commission of the European Communities (represented by: C.
Docksey, X. Lewis and C. Ladenburger, Agents), European
Parliament (represented by: H. Duintjer Tebbens and A. Baas),
Kingdom of Spain (represented by: N. Díaz Abad, Agent),
French Republic (represented by: G. de Bergues, Agent), Italian
Republic (represented by: I. Braguglia, Agent, and M. Fiorilli,
Lawyer), Portuguese Republic (represented by: L. Fernandes et
A. Seiça Neves, Agents), Republic of Finland (represented by:
T. Pynnä and A. Guimaraes-Purokoski, Agents), Republic of
Germany (represented by: M. Lumma and W.-D. Plessing,
Agents), Hellenic Republic, Kingdom of the Netherlands (repre-
sented by: J.G.M. van Bakel, Agent)

Judgment of the Court (First Chamber) of 5 October 2006
— Commission of the European Communities v Kingdom
of Belgium

(Case C-377/03) (1)

(Failure of a Member State to fulfil obligations — Commu-
nities' own resources — Undischarged TIR carnets — Failure
or delay in paying the corresponding own resources)

(2006/C 294/03)

Language of the case: French

Parties

Intervener in support of the Commission: Council of the European
Union (represented by: M. Bishop and T. Blanchet, Agents)

Applicant: Commission of the European Communities (repre-
sented by: C. Giolito and G. Wilms, Agents)

Re:

Appeal brought against the judgment of the Court of First
Instance (Second Chamber, Extended Composition) of 15
January 2003 in Joined Cases T-377/00, T-379/00, T-380/00,
T-260/01 and T-272/01 Philip Morris International and Others v
Commission, by which it declared inadmissible the actions for
annulment of the Commission's decision to bring a civil action
against the appellants before a United States court following
their alleged involvement in smuggling cigarettes into the Euro-
pean Union, in order to obtain compensation for the financial
loss suffered by the Union and a court order that the smuggling
is to cease — Interpretation of Article 230 EC and the case-law
of the Court — Legal effects of the Commission's decision to
bring a civil action before a court of a non-Member State

Defendant: Kingdom of Belgium (represented by: E. Dominko-
vits, A. Goldman and M. Wimmer, Agents, B. van de Walle de
Ghelcke, Lawyer)

Re:

Failure of a Member State to fulfil obligations — Articles 6, 9,
10 and 11 of Council Regulation (EC, Euratom) No 1150/2000
of 22 May 2000 implementing Decision 94/728/EC, Euratom
on the system of the Communities' own resources (OJ 2000 L
130, p. 1) — Default or delay in the payment of the own
resources to the Commission — Failure to comply with
accounting rules — Irregular release of certain transit docu-
ments (TIR carnets) by the Belgian customs authority