Case C-534/06: Reference for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 27 December 2006 — Industria Lavorazione Carni Ovine v Regione Lazio
Date: 2007-02-24
Institutions: Court of Justice
Subjects: agricultural product, agro-industry, economic support, interpretation of the law, marketing, originating product

24.2.2007

EN

Official Journal of the European Union

C 42/19

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

Form of order sought

(Case C-530/06)

(2007/C 42/33)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti and N. Yerrell, acting as Agents)

Defendant: Italian Republic

Form of order sought

The applicant claims that the Court should:

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2003/41/EC (1) of
the
Council of 3 June 2003 on the activities and supervision of
institutions for occupational retirement provision, or, in any
event, by not informing the Commission of such measures,
the Italian Republic has failed to fulfil its obligations under
that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
2003/41/EC expired on 23 September 2005.

the implementation of Directive

(1) OJ L 235, p.10.

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

(Case C-531/06)

(2007/C 42/34)

Language of the case: Italian

The applicant claims that the Court should:

— declare that,

(a) by keeping in force legislation which restricts the right
to operate private pharmacies to natural persons who
have
and to companies
composed exclusively of members who are pharmacists;
and

graduated in pharmacy

(b) by keeping in force legislative provisions which make it
impossible for undertakings engaged in the distribution
of pharmaceutical products to acquire shareholdings in
the companies which manage municipal pharmacies,

the Italian Republic has failed to fulfil its obligations under
Articles 43 and 56 of the EC Treaty;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The prohibition on the acquisition of shareholdings in private
pharmacies by natural persons who are not pharmacists or by
undertakings which are not composed exclusively of pharma-
cists not only obstructs, but renders absolutely impossible for
those categories of persons, the exercise of two fundamental
freedoms guaranteed by the Treaty, namely free movement of
capital and freedom of establishment.

The prohibition on the acquisition of shareholdings in compa-
nies which manage municipal and private pharmacies by under-
takings engaged in pharmaceutical distribution can be inferred
from several rules still in force in the Italian legal system and is
very likely to be applied by the Italian courts. That prohibition
constitutes an obstacle both to the free movement of capital
and to the exercise of the right of establishment.

Reference for a preliminary ruling from the Corte suprema
lodged on 27 December 2006 —
di cassazione (Italy)

Industria Lavorazione Carni Ovine v Regione Lazio

(Case C-534/06)

(2007/C 42/35)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa, Agent, G. Giacomini and E. Boglione,
avvocati)

Parties to the main proceedings

Applicant: Industria Lavorazione Carni Ovine

Defendant: Italian Republic

Defendant: Regione Lazio

C 42/20

EN

Official Journal of the European Union

24.2.2007

Question referred

Action brought on 11 January 2007 — Commission of the
European Communities v Portuguese Republic

Must Article 13 of Council Regulation (EEC) No 866/90 (1) of
29 March 1990 be interpreted as meaning that financing must
be excluded in cases in which, notwithstanding implementation
the specific programme for which the financing was
of
obtained,
the marketing and/or processing (in addition) of
products which are not from the Community takes place along
with the marketing and/or processing of products from the
Community in the amounts required by the programme.

(1) OJ L 91, p. 1.

Parties

(Case C-4/07)

(2007/C 42/37)

Language of the case: Portuguese

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and P. Guerra e Andrade, acting
as Agents)

Defendant: Portuguese Republic

Reference for a preliminary ruling from the Landgericht
Siegen (Germany), lodged on 3 January 2007 — Criminal
proceedings against Frank Weber

Form of order sought

(Case C-1/07)

(2007/C 42/36)

Language of the case: German

Referring court

Landgericht Siegen

— a declaration that, by having failed to adopt the laws, regula-
tions and administrative provisions necessary to comply
with Council Directive 2003/110/EC on assistance in cases
of transit for the purposes of removal by air (1) or, in any
case, by having failed to communicate them to the Commis-
sion, the Portuguese Republic has failed to fulfil its obliga-
tions under that directive;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition of the directive into
domestic law expired on 6 December 2005.

Party to the main proceedings

(1) OJ 2003 L 321, p. 26.

Frank Weber

Question referred

Is Article 1(2) in conjunction with Article 8(2) and (4) of Direc-
tive 91/439/EEC (1) to be interpreted as meaning that a Member
State is precluded, within its territory, from refusing to recognise
or from denying the validity of an entitlement to drive under a
driving licence issued by another Member State because the
right
to drive was withdrawn from its holder in the first
Member State after the grant to him in another Member State of
a so-called ‘second’ EU right to drive, if the withdrawal of the
right to drive is based on an incident or on misconduct which
occurred prior to the grant of the right to drive by the other
Member State?

Action brought on 12 January 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-5/07)

(2007/C 42/38)

Language of the case: Portuguese

Parties

(1) Council Directive 91/439/EC of 29 July 1991 on driving licenses, OJ

L 237, p. 1.

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and P. Guerra e Andrade, Acting
as Agents)

Defendant: the Portuguese Republic