Case C-523/06: Action brought on 22 December 2006 — Commission of the European Communities v Republic of Finland
Date: 2007-02-24
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, national implementing measure, pollution from ships, vessel, waste disposal, waste management

24.2.2007

EN

Official Journal of the European Union

C 42/17

Pleas in law and main arguments

In support of its action, the applicant asserts that the Kingdom
of Belgium, first, has failed to define the minimum qualification
requirements for personnel responsible for recovery, recycling,
reclamation and destruction of controlled substances referred to
in Article 2 of the Regulation and contained in refrigeration,
fire protection
air-conditioning and heat pump equipment,
systems and fire extinguishers — except,
in respect of extin-
guishers containing halons, the Region of Brussels-Capital —
and, secondly, in respect of the Walloon Region, has failed to
take all precautionary measures practicable to prevent and mini-
mise leakages of controlled substances and to carry out annual
checks
to establish the possible presence or not of such
leakages.

(1) OJ 2000 L 244, p. 1.

Action brought on 22 December 2006 — Commission of
the European Communities v Republic of Finland

(Case C-523/06)

(2007/C 42/28)

Language of the case: Finnish

Parties

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

Defendant: Republic of Finland

Form of order sought

— declare that, by failing to draw up and implement waste
reception and handling plans in respect of all ports, the
Republic of Finland has failed to fulfil its obligations under
Articles 5(1) and 16(1) of Directive 2000/59/EC (1) of the
European Parliament and of the Council of 27 November
2000 on port reception facilities for ship-generated waste
and cargo residues;

— order the Republic of Finland to pay the costs.

Pleas in law and main arguments

The period for
28 December 2002.

implementing the Directive

expired on

(1) OJ L 332, p. 81.

Reference for a preliminary ruling from the Rechtbank van
koophandel, Hasselt (Belgium)
lodged on 22 December
2006 — NV De Nationale Loterij v BVBA Customer
Service Agency

(Case C-525/06)

(2007/C 42/29)

Language of the case: Dutch

Referring court

Rechtbank van koophandel, Hasselt

Parties to the main proceedings

Applicant: NV De Nationale Loterij

Defendant: BVBA Customer Service Agency

Questions referred

1. Is Article 49 of the EC Treaty to be interpreted as meaning
that restrictive national provisions, such as Article 37 of the
Law of 19 April 2002, which obstruct the access to the
market of an undertaking wishing to sell for profit group
participation forms in Euro Millions, are still permitted
having regard to the public interest (prevention of squan-
dering through gaming), in the knowledge that:

(a) the Nationale Loterij, which acquired a statutory mono-
poly from the Belgian State and pays a monopoly rent
for it and which has the objective of channelling man's
inherent compulsion to gamble,
regularly advertises
participation in Euro Millions thereby in reality strength-
ening that compulsion;

(b) the regular advertising by Nationale Loterij and its sales
methods have a foreclosure effect, in which the Nationale
(financial
Loterij
reasons)
inherent
compulsion to gamble;

induced to maximise
than channel

turnover
the citizens'

rather

is

(c) less obstructive measures, such as restriction of possible
stakes and winnings, would better achieve the objective
pursued, namely the channelling of the inherent compul-
sion to gamble?

2. Is a restrictive national provision such as Article 37 of the
Law of 19 April 2002, which prevents the access to the
market of an undertaking intending to sell, for profit, group
participation forms in Euro Millions, contrary to the freedom
to provide services (Article 49 of the EC Treaty) where the
defendant itself does not organise a lottery but in fact seeks
to organise, for profit, merely participation as a group in
Euro Millions via the Nationale Loterij's own participation
forms?