Case C-344/05 P: Judgment of the Court (Second Chamber) of 9 November 2006 — Commission of the European Communities v Joël De Bry (Appeal — Official — Reporting procedure — Career development report — 2001/2002 reporting period — Rights of the defence — Article 26, second paragraph, of the Staff Regulations)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, European official, General Court (EU), appeal, regulations for civil servants, staff assessment

30.12.2006

EN

Official Journal of the European Union

C 326/17

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 4(1) of Directive 2000/35/EEC of the European Parlia-
ment and of the Council of 29 June 2000 on combating late
payment in commercial transactions (OJ 2000 L 200, p. 35) —
Retention of title — National legislation providing that, in order
to be enforceable against creditors of the purchaser, a retention
of title clause must be confirmed on individual
invoices for
successive supplies bearing a date that is prior to any attach-
ment procedure

of measures regulating the prices of medicinal products for
human use and their inclusion in the scope of national health
insurance systems (OJ 1989 L 40, p. 8) — Concept of ‘positive
list’ — National rules providing for the establishment of a list of
medicinal products, normally available without a prescription
and non-refundable, which may exceptionally be covered by the
national health insurance system in cases where they represent
standard treatment for certain serious ailments — Obligation to
take a decision concerning inclusion on the list within a speci-
fied period, to set out reasons for refusal and to inform the
applicant of the means of redress available to him

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 229, 17.09.2005.

Judgment of the Court (Fifth Chamber) of 26 October
2006 (reference for a preliminary ruling from the Sozial-
gericht Köln — Germany) — G. Pohl-Boskamp GmbH &
Co. KG v Gemeinsamer Bundesausschuss

Operative part of the judgment

1. Council Directive 89/105/EEC of 21 December 1988 relating to
the transparency of measures regulating the prices of medicinal
products for human use and their inclusion in the scope of national
health insurance systems is to be interpreted as precluding rules of a
Member State which, following the exclusion of non-prescription
medicinal products from the range of benefits provided by the
national health system, empower an authority under that system to
adopt rules derogating from that exclusion in respect of certain
medicines without making provision for a procedure under Article 6
(1) and (2) of that directive.

2. Article 6(2) of Directive 89/105 is to be interpreted as meaning
that it confers on the manufacturers of medicinal products affected
by a decision which allows the coverage by the health insurance
system of certain medicinal products containing active ingredients
referred to therein the right
to a reasoned decision mentioning
remedies, even though the rules of the Member State make no
provision for any corresponding procedure or remedies.

(Case C-317/05) (1)

(1) OJ C 281, 12.11.2005.

(Directive 89/105/EEC — Article 6(1) and (2) — Positive list
— Obligation to state reasons and provide information
concerning remedies)

(2006/C 326/33)

Language of the case: German

Referring court

Sozialgericht Köln

Parties to the main proceedings

Applicant: G. Pohl-Boskamp GmbH & Co. KG

Defendant: Gemeinsamer Bundesausschuss

Judgment of the Court (Second Chamber) of 9 November
2006 — Commission of the European Communities v Joël
De Bry

(Case C-344/05 P) (1)

(Appeal — Official — Reporting procedure — Career devel-
opment report — 2001/2002 reporting period — Rights of
the defence — Article 26, second paragraph, of the Staff
Regulations)

Intervening parties: AOK-Bundesverband KdöR,
IKK-Bundesver-
band, Bundesverband der Betriebskrankenkassen (BKK), Bundes-
verband der landwirtschaftlichen Krankenkassen, Verband der
Angestellten-Krankenkassen
AEV-Arbeiter-Ersatzkassen-
eV,
Verband eV, Bundesknappschaft, Seekrankenkasse, Bundesrepu-
blik Deutschland

Parties

(2006/C 326/34)

Language of the case: French

Re:

Reference for a preliminary ruling — Sozialgericht Köln —
Interpretation of Article 6(1) and (2) of Council Directive
89/105/EEC of 21 December 1988 relating to the transparency

Appellant: Commission of the European Communities (repre-
sented by: L. Lozano Palacios and M.H. Kraemer, Agents)

Other party to the proceedings: Joël De Bry (represented by: S.
Orlandi, avocat)

C 326/18

EN

Official Journal of the European Union

30.12.2006

Re:

Re:

Appeal brought against the judgment of
the Court of First
Instance (single judge) in Case T-157/04 De Bry v Commission,
setting aside the decision of 26 May 2003 drawing up the
appellant's career development report for the period from 1 July
2001 to 31 December 2002.

Operative part of the judgment

The Court:

1. Annuls in part the judgment of the Court of First Instance in Case
T-157/04 De Bry v Commission,
in so far as it set aside the
Commission decision of 26 May 2003 making definitive the career
development report of Mr De Bry in respect of the period from 1
July 2001 to 31 December 2002 on the ground of a breach of
the rights of the defence guaranteed by Article 26 of the Staff
Regulations of Officials of
the European Communities, on the
ground of inconsistency between some descriptive comments and the
corresponding numerical mark, as regards the criticism of failure to
comply with working hours;

2. Dismisses the action;

3. Orders each party to bear its own costs in connection with the
present proceedings and those incurred in the proceedings at first
instance.

Failure of a Member State to fulfil obligations — Infringement
of Articles 18 EC, 39 EC, 43 EC and 56(1) EC and of Articles
28, 31 and 40 of the EEA Agreement –National provisions
making exemption from capital gains tax arising on the transfer
for valuable consideration of real property used as the perma-
nent residence of a taxable person or of his family subject to the
condition that such gains are reinvested in the purchase of real
property in national territory

Operative part of the judgment

The Court:

1. Declares that, by maintaining in force fiscal provisions, such as
Article 10(5) of the Personal Income Tax Code, making entitlement
to exemption from tax on capital gains arising from the transfer for
valuable consideration of real property intended for the taxable
person's own and permanent residence or for that of a member of
his family subject to the condition that the gains realised should be
reinvested in the purchase of real property situated in Portuguese
territory, the Portuguese Republic has failed to fulfil its obligations
under Articles 18 EC, 39 EC and 43 EC, and under Articles 28
and 31 of the European Economic Area Agreement of 2 May
1992;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 281, 12.11.2005.

(1) OJ C 281, 12.11.2005.

Judgment of the Court (Second Chamber) of 26 October
the European Communities v
2006 — Commission of

Portuguese Republic

(Case C-345/05) (1)

(Failure of a Member State to fulfil obligations — Tax legisla-
tion — Conditions for exemption of capital gains arising on
the transfer for valuable consideration of real property —
Articles 18 EC, 39 EC and 43 EC — Articles 28 and 31 of
the Agreement establishing the European Economic Area —
Cohesion of the tax system — Housing policy)

(2006/C 326/35)

Language of the case: Portuguese

Judgment of the Court (Fifth Chamber) of 9 November
2006 (reference for a preliminary ruling from the Cour de
travail de Liège — Belgium) — Monique Chateignier v
Office national de l'emploi (ONEM)

(Case C-346/05) (1)

(Reference for a preliminary ruling — Article 39 EC and Arti-
cles 3 and 67 of Regulation (EEC) No 1408/71 — Grant of
unemployment benefit subject to the completion of a period of
employment in the competent Member State)

(2006/C 326/36)

Language of the case: French

Referring court

Cour de travail de Liège

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Lyal and M. Afonso, Agents)

Parties to the main proceedings

Applicant: Monique Chateignier

Defendant: Portuguese Republic (represented by: L. Fernandes
and J. Menezes Leitão, Agents)

Defendant: Office national de l'emploi (ONEM)