Case C-248/04: Judgment of the Court (First Chamber) of 26 October 2006 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven –Netherlands) — Koninklijke Coöperatie Cosun UA v Minister van Landbouw, Natuur en Voedselkwaliteit (Preliminary reference — Agriculture — Common organisation of the markets — Sugar — Article 26 of Regulation (EEC) No 1785/81 and Article 3 of Regulation (EEC) No 2670/81 — Charge due for C Sugar disposed of on the internal market — Inapplicability of Article 13 of Regulation (EEC) No 1430/79 — No possibility of repayment or remission on grounds of equity — Validity of Regulation (EEC) No 1785/81 and Regulation No 2670/81 — Principles of equality and legal certainty — Equity)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: agricultural levy, agricultural quota, customs drawback, customs regulations, interpretation of the law, sugar

C 326/4

EN

Official Journal of the European Union

30.12.2006

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

Portuguese Republic

(Case C-239/04) (1)

Judgment of the Court (First Chamber) of 26 October 2006
(reference for a preliminary ruling from the College van
Beroep voor het bedrijfsleven –Netherlands) — Koninklijke
Coöperatie Cosun UA v Minister van Landbouw, Natuur en
Voedselkwaliteit

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Conservation of natural habitats and of wild
fauna and flora — Article 6(4) — Castro Verde special protec-
tion area — Lack of alternative solutions)

(2006/C 326/08)

Language of the case: Portuguese

(Case C-248/04) (1)

(Preliminary reference — Agriculture — Common organisa-
tion of the markets — Sugar — Article 26 of Regulation
(EEC) No 1785/81 and Article 3 of Regulation (EEC) No
2670/81 — Charge due for C Sugar disposed of on the
internal market — Inapplicability of Article 13 of Regulation
(EEC) No 1430/79 — No possibility of repayment or remis-
sion on grounds of equity — Validity of Regulation (EEC) No
1785/81 and Regulation No 2670/81 — Principles of equality
and legal certainty — Equity)

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and A. Caeiros, Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes,
Agent, and J.F. Ganderez and R. Gomes da Silva, advogados)

Re:

Failure of a Member State to fulfil its obligations — Article 6(4)
of Council Directive 92/43/EEC of 21 May 1992 on the conser-
vation of natural habitats and of wild fauna and flora (OJ 1992
L 206, p. 7) — Construction of a motorway whose route
crosses a special protection area for wild birds — Environmental
impact assessment showing negative implications of the route
— Existence of alternatives to the route constructed

Operative part of the judgment

The Court:

1. Declares that, by implementing a project for a motorway whose
route crosses the Castro Verde special protection area, notwith-
impact assessment and
environmental
standing the negative
without having demonstrated the absence of alternative solutions
for the route concerned, the Portuguese Republic has failed to fulfil
its obligations under Article 6(4) of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora, as amended by Directive 97/62/EC of 27
October 1997;

2. Orders the Portuguese Republic to pay the costs.

(1) OJ C 228, 11.9.2004.

(2006/C 326/09)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Parties to the main proceedings

Applicant: Koninklijke Coöperatie Cosun UA

Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

Re:

Reference for a preliminary ruling — College van Beroep voor
het bedrijfsleven — Validity of Council Regulation (EEC) No
1785/81 of 30 June 1981 on the common organisation of the
markets in the sugar sector (OJ 1981 L 177, p. 4) and Commis-
sion Regulation (EEC) No 2670/81 of 14 September 1981
laying down detailed implementing rules in respect of sugar
production in excess of the quota (OJ 1981 L 262, p. 14) where
there is no procedure for the remission of additional
levies
comparable to that provided for in Article 13 of Council Regu-
lation (EEC) No 1430/79 of 2 July 1979 on the repayment or
remission of import or export duties (OJ 1979 L 175, p. 1) —
Remission on equitable grounds — Producer of non-quota
sugar (C sugar) not involved in a case of fraud established by
the national authorities and who, for reasons relating to the
investigation, was not immediately informed thereof

30.12.2006

EN

Official Journal of the European Union

C 326/5

Operative part of the judgment

Operative part of the judgment

Examination of the first question has disclosed nothing capable of
affecting the validity of Council Regulation (EEC) No 1785/81 of 30
June 1981 on the common organisation of the markets in the sugar
sector, as amended by Council Regulation (EEC) No 305/91 of 4
February 1991, or of Commission Regulation (EEC) No 2670/81 of
14 September 1981 laying down detailed implementing rules in
respect of sugar production in excess of the quota, as amended by
Commission Regulation (EEC) No 3559/91 of 6 December 1991.

(1) OJ C 217, 28.08.2004.

The Court:

1. Declares that, by failing to take into account

the professional
experience and seniority gained in the exercise of a comparable
activity within the public administration of another Member State
by a Community worker employed in the Italian civil service, the
Italian Republic has failed to fulfil its obligations under Article 39
EC and Article 7(1) of Regulation (EEC) No 1612/68 of the
Council of 15 October 1968 on freedom of movement for workers
within the Community;

2. Dismisses the action as to the remainder;

3. Orders the Italian Republic to pay the costs.

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

(1) OJ C 273, 06.11.2004.

Italian Republic

(Case C-371/04) (1)

(Failure of a Member State to fulfil obligations — Freedom of
movement for workers — Post in the civil service — Failure to
take account of professional experience and seniority gained in
other Member States — Articles 10 EC and 39 EC — Article
7(1) of Regulation (EEC) No 1612/68)

Judgment of the Court (First Chamber) of 9 November
the European Communities v
2006 — Commission of

Kingdom of Belgium

(2006/C 326/10)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and A. Aresu, Agents)

Defendant:
Agent, and G. Albenzio, avvocato dello Stato)

Italian Republic (represented by:

I.M. Braguglia,

(Case C-433/04) (1)

(Failure of a Member State to fulfil obligations — Articles 49
EC and 50 EC — Freedom to provide services — Activities in
the construction sector — Prevention of tax fraud in the
construction sector — National legislation requiring the with-
holding of 15 % on payments to contracting partners not
registered in Belgium — National legislation imposing joint
and several liability for the tax debts of contracting partners
not registered in Belgium)

(2006/C 326/11)

Language of the case: French

Re:

Parties

Failure of a Member State to fulfil obligations — Articles 10 EC
and 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 of
the Council of 15 October 1968 on freedom of movement for
workers within the Community (OJ, English Special Edition,
1968 (II) p. 475) — Employees of the Italian public service —
the professional experience and
Failure to take account of
seniority acquired in another Member State

Applicant: Commission of the European Communities (repre-
sented by: D. Triantafyllou, Agent)

Defendant: Kingdom of Belgium (represented by: E. Dominkovits,
Agent, and by B. van de Walle de Ghelcke, avocat,)