Case C-416/06: Action brought on 11 October 2006 — Commission of the European Communities v Republic of Poland
Date: 2006-12-30
Institutions: Court of Justice
Subjects: European Commission, Poland, action for failure to fulfil an obligation, consumer protection, electronic mail, national implementing measure, telecommunications, transmission network, universal service

30.12.2006

EN

Official Journal of the European Union

C 326/27

Action brought on 11 October 2006 — Commission of the
European Communities v Republic of Poland

Question referred

(Case C-416/06)

(2006/C 326/54)

Language of the case: Polish

financial

Can Article 2(2) of Council Regulation (EC, Euratom) No
2988/95 of 18 December 1995 on the protection of the Euro-
pean Communities'
construed as
meaning that a provision imposing a more favourable penalty
(concerning livestock aid) is to be applied retroactively even if
that provision in principle only applies for a period of time
during which livestock aid in the Member State concerned is no
longer granted as a direct payment has been introduced?

interests (1) be

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Shotter and K. Mojzesowicz, acting as Agents)

(1) OJ 1995 L 312, p. 1.

Defendant: Republic of Poland

Form of order sought

— declare that, by not ensuring actual availability of at least
one comprehensive directory and one comprehensive direc-
tory enquiry service in accordance with the requirements set
out in Article 5(1) and (2) and Article 25(1) and (3) of
Directive 2002/22/EC of the European Parliament and of
the Council of 7 March 2002 on universal service and users'
rights relating to electronic communications networks and
services (1), the Republic of Poland has failed to fulfil its obli-
gations under that directive;

— order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2002/22 expired
on 30 June 2004.

(1) OJ No L 108, 24.4.2002, p. 51.

Reference for a preliminary ruling from the Consiglio di
Stato (Italy) lodged on 16 October 2006 — Fratelli Martini
& C. s.p.a, Cargill s.r.l. v Ministero delle Politiche Agricole e
Forestali, Ministero della Salute, Ministero delle Attività
Produttive

(Case C-421/06)

(2006/C 326/56)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

Applicants: Fratelli Martini & C. s.p.a, Cargill s.r.l.

Reference for a preliminary ruling from the Verwaltungs-
gericht Schwerin (Germany) lodged on 16 October 2006
— Rüdiger Jager v Amt für Landwirtschaft Bützow

Defendants: Ministero delle Politiche Agricole e Forestali, Minis-
tero della Salute, Ministero delle Attività Produttive,

(Case C-420/06)

(2006/C 326/55)

Language of the case: German

Referring court

Verwaltungsgericht Schwerin

Parties to the main proceedings

Applicant: Rüdiger Jager

Defendant: Amt für Landwirtschaft Bützow

Questions referred

1. Following the judgment of

the Court of

Justice of 6
December 2005 in Joined Cases 453/03, 11/04, 12/04 and
194/04, which declared Directive 2002/2 (1) partially invalid,
are the European institutions which adopted that Directive,
having regard to Article 233 of the EC Treaty (referring to
‘required to take the
acts which have been declared void)
necessary measures to comply with the judgment of
the
Court of Justice’?

2. If the answer to question (1) is in the affirmative, must the
measures which the European institutions are required to
adopt in order to bring Directive 2002/2 into conformity
with that judgment of the Court of Justice enter into force
first in the Community legal order, to enable the Member
States to implement them in their own legal systems?