Case C-36/05: Judgment of the Court (Third Chamber) of 26 October 2006 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 92/100/EEC — Copyright — Rental and lending right — Failure to transpose within the prescribed period)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, copyright, intellectual property

30.12.2006

EN

Official Journal of the European Union

C 326/7

Operative part of the judgment

Article 18 EC must be interpreted as meaning that
it precludes
national legislation according to which the income tax on a retirement
pension paid by an institution of the Member State concerned to a
person residing in another Member State exceeds in certain cases the
tax which would be payable if that person resided in the first Member
State, where that pension constitutes all or nearly all of that person's
income.

ment of the Association must be interpreted as meaning that a Turkish
worker can rely on the rights conferred upon him by that provision
only where his paid employment with a second employer complies with
the conditions laid down by law and regulation in the host Member
State governing entry into its territory and employment. It is for the
national court to make the requisite findings in order to establish
whether that is the case in respect of a Turkish worker who changed
employer prior to expiry of the period of three years provided for in the
second indent of Article 6(1) of that decision.

(1) OJ C 57, 05.03.2005.

The second sentence of Article 6(2) of Decision No 1/80 must be
interpreted as meaning that it is intended to ensure that periods of
interruption of legal employment on account of involuntary unemploy-
ment and long term sickness do not affect the rights that the Turkish
worker has already acquired owing to preceding periods of employment
the length of which is fixed in each of the three indents of Article 6(1)
respectively.

Judgment of the Court (First Chamber) of 26 October 2006
(reference for a preliminary ruling from the Verwaltungs-
gericht Aachen, Germany) — Hasan Güzeli v Oberbürger-
meister der Stadt Aachen

(1) OJ C 57, 05.04.2005.

(Case C-4/05) (1)

(Reference for a preliminary ruling — EEC-Turkey Associa-
tion — Freedom of movement for workers — Article 10(1) of
Decision No 1/80 of the Association Council — Refusal to
extend a Turkish worker's residence permit)

(2006/C 326/14)

Language of the case: German

Referring court

Verwaltungsgericht Aachen

Parties to the main proceedings

Applicant: Hasan Güzeli

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

Kingdom of Spain

(Case C-36/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/100/EEC — Copyright — Rental and lending right —
Failure to transpose within the prescribed period)

(2006/C 326/15)

Language of the case: Spanish

Defendant: Oberbürgermeister der Stadt Aachen

Parties

Re:

Reference for a preliminary ruling — Verwaltungsgericht
Aachen — Interpretation of Article 10(1) of Decision No 1/80
of the EEC/Turkey Association Council — Non discrimination
against Turkish workers duly registered as belonging to the
labour force as regards conditions of employment — Refusal to
extend the residence permit putting an end to the employment
of a seasonal Turkish worker in possession of a work permit of
unlimited duration

Applicant: Commission of the European Communities (repre-
sented by: J.R. Vidal Puig and W. Wils, acting as Agents)

Defendant: Kingdom of Spain (represented by:
Contreras, acting as Agent)

I. del Cuvillo

Re:

Operative part of the judgment

The first indent of Article 6(1) of Decision No 1/80 of the EEC
Turkey Association Council of 19 September 1980 on the develop-

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 1 and 5 of Council Directive 92/100/EEC of
19 November 1992 on rental right and lending right and on
certain rights related to copyright in the field of intellectual
property (OJ 1992 L 346, p. 61)

C 326/8

EN

Official Journal of the European Union

30.12.2006

Operative part of the judgment

The Court:

1) Declares that, by exempting almost all,

if not all, categories of
establishments undertaking the public lending of works protected by
copyright from the obligation to pay remuneration to authors for
the lending carried out, the Kingdom of Spain has failed to fulfil
its obligations under Articles 1 and 5 of Council Directive
92/100/EEC of 19 November 1992 on rental right and lending
right and on certain rights related to copyright in the field of intel-
lectual property;

2) Orders the Kingdom of Spain to pay the costs.

1. Declares that, by inserting into Articles 2(1) and 3 of Law No
3037/2002 the prohibition, subject to the criminal and adminis-
trative penalties set out in Articles 4 and 5 of the same law, on the
installation and operation of all electrical, electromechanical and
electronic games,
including all computer games, on all public or
the Hellenic Republic has
private premises apart
failed to fulfil its obligations under Articles 28 EC, 43 EC and 49
EC and Article 8 of Directive 98/34/CE of the European Parlia-
ment and of the Council of 22 June 1998 laying down a procedure
for the provision of information in the field of technical standards
and regulations and of rules on Information Society services, as
amended by Directive 98/48/EC of the European Parliament and
of the Council of 20 July 1998;

from casinos,

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 69 of 19.03.2005.

(1) OJ C 82, 02.04.2005.

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

Hellenic Republic

(Case C-65/05) (1)

(Failure of a Member State to fulfil obligations — Articles 28
EC and 30 EC — Free movement of goods — Article 43 EC
— Freedom of establishment — Article 49 EC — Freedom to
provide services — Prohibition on the installation and opera-
tion of electrical, electromechanical and electronic games
subject to criminal or administrative sanctions — Directive
98/34/EC — Technical standards and regulations — National
legislation applicable to electrical, electromechanical and elec-
tronic games)

(2006/C 326/16)

Language of the case: Greek

Judgment of the Court (First Chamber) of 26 October 2006
— Koninklijke Coöperatie Cosun UA v Commission of the
European Communities

(Case C-68/05 P) (1)

(Appeal — 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 owing for C Sugar disposed of on the internal market
— Application for remission — Equity clause laid down in
Article 13 of Regulation (EEC) No 1430/79 — ‘Import or
export duties’ — Principles of equality and legal certainty —
Equity)

(2006/C 326/17)

Language of the case: Dutch

Parties

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

Parties

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou
and N. Dafniou, Agents)

Re:

Failure of a Member State to fulfil obligations — Arts 28, 43
and 49 EC and Art. 8 of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field of tech-
nical standards and regulations (OJ 1998 L 204, p. 37) —
National legislation applicable to electronic computer games

Operative part of the judgment

The Court:

Applicant: Koninklijke Coöperatie Cosun UA (represented by: M.
Slotboom and N.J. Helder, advocaten)

Other party to the proceedings: Commission of
the European
Communities (represented by: X. Lewis, Agent, F. Tuytschaever,
advocaat)

Re

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 7 December 2004 in Case T-240/02 Koninklijke
Coöperatie Cosun v Commission, by which the Court of First
Instance dismissed an application for annulment of Commission
Decision REM/19/10 of 2 May 2002 declaring inadmissible the
request for remission of import duties lodged by the Nether-
lands in favour of the applicant