Case C-479/06: Action brought on 23 November 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, application of EU law, approximation of laws, combustion gases, motor vehicle, prevention of pollution

C 326/48

EN

Official Journal of the European Union

30.12.2006

Reference for a preliminary ruling from the Tribunale
civile di Genova (Italy) lodged on 21 November 2006 —
Consel Gi. Emme Srl v Sistema Logistico dell'Arco Ligure e
Alessandrino Srl (SLALA)

Action brought on 23 November 2006 — Commission of
the European Communities v Hellenic Republic

(Case C-467/06)

(2006/C 326/97)

Language of the case: Italian

Parties

(Case C-479/06)

(2006/C 326/98)

Language of the case: Greek

Referring court

Tribunale civile di Genova

Parties to the main proceedings

Applicant: Consel Gi. Emme Srl

Defendant: Sistema Logistico dell'Arco Ligure e Alessandrino Srl
(SLALA)

Question referred

1. Does Community law (with particular reference to Articles
43 EC and 49 EC, 82 EC, 86 EC and 87 EC) preclude a
Member State from entrusting public services and the
management of public infrastructure — on the basis of
special legislation with characteristics similar to those of the
provisions introduced into Italian law by Article 12 of
Decree-Law No 262/06 of 3 October 2006 — to private-law
companies (in this case, ANAS spa) which, at the same time,
perform the function of regulating and controlling the par-
ticular market (of the kind conferred on ANAS spa by the
legislation at issue), and are in a position to determine the
substance, progress and possible termination of the contract
of concession which exists between the State and competi-
tors of the body on which that role has been conferred?

2. Is a rule (such as the rule introduced by the Italian State
under the aforementioned Article 12 of Decree-Law No
262/06 of 3 October 2006) which integrates or actually
modifies (in particular by replacing them with a sole agree-
ment, adopted by administrative act) the contractual agree-
ments already in place, thereby substantially changing the
balance of contractual relations, compatible with Community
law (from the perspective of Community law itself or, at
law with Community relevance, concerning the
least, of
freedom to engage in commercial activities, in the light of
the case-law of the Court of Justice on this point)?

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and D. Lawunmi)

Defendant: Hellenic Republic

Form of order sought

The Court is asked to:

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/26/EC (1) of
the
Council of 21 April 2004 amending Directive 97/68/EC on
the approximation of the laws of the Member States relating
to measures against the emission of gaseous and particulate
pollutants from internal combustion engines to be installed
in non-road mobile machinery, and in any event by failing
to inform the Commission of those provisions, the Hellenic
Republic has failed to fulfil its obligations under that direc-
tive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/26/EC
into domestic law expired on 20 May 2005.

(1) OJ L 146 of 30.04.04, p. 1.

Action brought on 24 November 2006 — Commission of
the European Communities v Hellenic Republic

(Case C-481/06)

(2006/C 326/99)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and X. Lewis)

Defendant: Hellenic Republic