Case C-192/05: Judgment of the Court (Second Chamber) of 26 October 2006 (reference for a preliminary ruling from the Centrale Raad van Beroep — Netherlands) — K. Tas-Hagen, R.A. Tas v Raadskamer WUBO van de Pensioen- en Uitkeringsraad (Benefit awarded to civilian war victims by a Member State — Condition of residence in the territory of that State at the time when the application for the benefit is submitted — Article 18(1) EC)
Date: 2006-12-30
Institutions: Court of Justice
Subjects: EU Member State, EU law - national law, civilian victim, interpretation of the law, residence, social-security benefit, war victim

C 326/10

EN

Official Journal of the European Union

30.12.2006

Operative part of the judgment

by the termination of an establishment's activities where that is
the result of a judicial decision — Meaning

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
consumer contracts must be interpreted as meaning that a national
court seised of an action for annulment of an arbitration award must
determine whether the arbitration agreement is void and annul that
award where that agreement contains an unfair term, even though the
consumer has not pleaded that invalidity in the course of the arbitra-
tion proceedings, but only in that of the action for annulment.

(1) OJ C 155 of 25.6.2005.

Judgment of the Court (First Chamber) of 7 September
2006 (references for a preliminary ruling from the Arios
Pagos — Greece) — G. Agorastoudis v Goodyear Hellas
AVEE

(Joined Cases C-187/05 to C-190/05) (1)

(Collective redundancies — Directive 75/129/EEC — Article 1
(2)(d) — Termination of an establishment's activities as a
result of a judicial decision — Termination of an establish-
ment's activities of the employer's own volition)

(2006/C 326/20)

Language of the case: Greek

Referring court

Arios Pagos (Greece)

Operative part of the judgment

Council Directive 75/129/EEC of 17 February 1975 on the approxi-
mation of the laws of the Member States relating to collective redun-
dancies must be interpreted as being applicable in the case of collective
redundancies that result from the definitive termination of the operation
of an undertaking or establishment which has been decided on by the
employer of his own accord without a prior judicial decision, and the
exception laid down in Article 1(2)(d) of that directive cannot preclude
its application.

(1) OJ C 171, 09.07.2005.

Judgment of the Court (Second Chamber) of 26 October
2006 (reference for a preliminary ruling from the Centrale
Raad van Beroep — Netherlands) — K. Tas-Hagen, R.A. Tas
v Raadskamer WUBO van de Pensioen- en Uitkeringsraad

(Case C-192/05) (1)

(Benefit awarded to civilian war victims by a Member State
— Condition of residence in the territory of that State at the
time when the application for the benefit is submitted —
Article 18(1) EC)

(2006/C 326/21)

Language of the case: Dutch

Parties to the main proceedings

Referring court

(C-187/05),
Applicants: Georgios Agorastoudis
Ioannis Panou and Others (C-188/05), Kostantinos Kotsampou-
gioukis and Others (C-189/05), Georgios Akritopoulos and
Others (C-190/05)

and Others

Defendant: Goodyear Hellas AVEE

Centrale Raad van Beroep

Parties to the main proceedings

Applicants: K. Tas-Hagen, R.A. Tas

Intervening
parties: Geniki Sinomospondia Ergaton Elladas
(GSEE), Ergatoipalliliko Kentro Thessalonikis (C-187/05 and C-
189/05)

Defendant: Raadskamer WUBO van de Pensioen- en Uitkerings-
raad

Re:

Re:

Reference for a preliminary ruling — Arios Pagos — Interpreta-
tion of Article 1(2) of Council Directive 75/129/EEC of 17
February 1975 on the approximation of
the
Member States relating to collective redundancies (OJ 1975 L
48, p. 29) — Inapplicability of the directive to workers affected

the laws of

Preliminary ruling — Centrale Raad van Beroep — Grant of a
benefit by a Member State to civilian war victims — Benefit
reserved for nationals of the Member State in question who are
resident in that Member State at the time when the application
is submitted — Whether compatible with Article 18 EC

30.12.2006

EN

Official Journal of the European Union

C 326/11

Operative part of the judgment

Article 18(1) EC must be interpreted as precluding legislation of a
Member State under which it refuses to grant to one of its nationals a
benefit for civilian war victims solely on the ground that, at the time at
which the application was submitted, the person concerned was resi-
dent, not in the territory of that Member State, but in the territory of
another Member State.

(1) OJ C 182, 23. 7. 2005.

Judgment of the Court (Grand Chamber) of 26 October
2006 (reference for a preliminary ruling from the Cour
d'appel de Bruxelles (Belgium)) — European Community v
Belgian State

(Case C-199/05) (1)

(Protocol on the Privileges and Immunities of the European
Communities — Article 3 — Indirect taxes — Decisions of
national courts and tribunals — Registration duties)

(2006/C 326/23)

Language of the case: French

Judgment of the Court (Sixth Chamber) of 26 October
2006. — Commission of the European Communities v
Italian Republic

Referring court

(Case C-198/05) (1)

Cour d'appel de Bruxelles (Belgium)

(Failure to fulfil obligations — Directive 92/100/EEC —
Rights related to copyright in the field of intellectual property
— Public lending right — Failure to transpose within the
period prescribed)

(2006/C 326/22)

Language of the case: Italian

Parties to the main proceedings

Applicant: European Community

Defendant: Belgian State

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and L. Pignataro, Agents)

Re:

Defendant: Italian Republic (represented by: M Braguglia, Agent,
and M. Massella Ducci Teri, lawyer)

Re:

Failure to fulfil obligations — Infringement 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) — Derogation from the exclusive right in respect of
public lending — Scope

Operative part of the judgment

The Court:

1. Declares that, by exempting from the public lending right all cate-
gories of lending establishment accessible to the public within the
meaning of Directive 92/100/EEC of 19 November 1992 on
rental right and lending right and on certain rights related to copy-
right in the field of intellectual property, the Italian Republic has
failed to fulfil its obligations under Articles 1 and 5 of that Direc-
tive.

2. Orders the Italian Republic to pay the costs.

Request for a preliminary ruling — Cour d'appel de Bruxelles —
Interpretation of the second and third paragraphs of Article 3
of the Protocol on the Privileges and Immunities of the Euro-
pean Communities of 8 April 1965 — National
legislation
introducing a duty in respect of decisions of courts and tribu-
nals concerning orders to pay amounts of money or securities
and calculation of amounts of money or securities payable

Operative part of the judgment

1) Duties such as the registration duties which must be paid following
decisions of national courts and tribunals ordering payment of
money or liquidation of securities do not amount merely to charges
for public utility services within the meaning of the third paragraph
of Article 3 of the Protocol on the Privileges and Immunities of the
European Communities.

2) The second paragraph of Article 3 of that Protocol is to be inter-
preted as meaning that duties such as the registration duties which
must be paid following decisions of national courts and tribunals
ordering payment of money or liquidation of securities do not fall
within the scope of that provision.

(1) OJ C 182, 23.7.2005.

(1) OJ C 182 of 23.7.2005.