Case C-183/05: Judgment of the Court (Second Chamber) of 11 January 2007 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 92/43/EEC — Articles 12(1) and (2), 13(1)(b) and 16 — Conservation of natural habitats and of wild fauna and flora — Protection of species)
Date: 2007-02-24
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, environmental protection, national implementing measure, protected species, protection of animal life, protection of plant life, wildlife

C 42/4

EN

Official Journal of the European Union

24.2.2007

Parties to the main proceedings

Re:

Applicant: Kaj Lyyski

Defendant: Umeå universitet

Re:

Reference for a preliminary ruling — Överklagandenämnden för
högskolan (Board of Appeals for Higher Education) — Interpre-
tation of Community law and in particular of Article 12 EC —
Professional training scheme organised to remedy a lack of
qualified teachers in a Member State intended to allow teachers
employed in schools to obtain the qualifications necessary for a
contract unlimited as to time — Refusal to admit a candidate
who is a national of that Member State but employed in a
school in another Member State

Operative part of the judgment

Community law does not preclude national legislation which organises,
on a provisional basis, training courses intended in the short term to
meet the need for qualified teachers in a State from requiring that
candidates for that training be employed in a school
in that State,
provided, however, that the manner in which that legislation is applied
does not lead to the exclusion, as a matter of principle, of all applica-
tions made by teachers who are not employed in such a school without
prior individual assessment of the merits of those applications in the
light, inter alia, of the aptitude of the person concerned, and the possi-
bility of monitoring the practical part of
the training received or
possibly of exempting that person from it.

(1) OJ C 93, 16.4.2005.

Judgment of the Court (Sixth Chamber) of 11 January 2007
— Commission of the European Communities v Ireland

(Case C-175/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/100/EEC — Copyright — Rental and lending right —
Exclusive public lending right — Derogation — Condition of
remuneration — Exemption — Scope)

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 1 and 5 of Council Directive 92/100/EEC of 19 November
1992 on rental right and lending right and on certain rights
intellectual property (OJ
related to copyright in the field of
1992 L 346, p. 6) — Derogation from the exclusive public
lending right — Scope

Operative part of the judgment

The Court:

1) Declares that, by exempting all categories of public lending estab-
lishments, within the meaning 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 prop-
erty,
from the obligation to remunerate authors for the lending
carried out by them, Ireland has failed to fulfil its obligations under
Articles 1 and 5 of that directive;

2) Orders Ireland to pay the costs;

3) Orders the Kingdom of Spain to pay its own costs.

(1) OJ C 155, 25.6.2005.

Judgment of the Court (Second Chamber) of 11 January
the European Communities v
2007 — Commission of

Ireland

(Case C-183/05) (1)

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Articles 12(1) and (2), 13(1)(b) and 16 —
Conservation of natural habitats and of wild fauna and flora
— Protection of species)

(2007/C 42/07)

Language of the case: English

(2007/C 42/06)

Parties

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek, Agent, assisted by M. Wemaëre, avocat)

Defendant: Ireland (represented by: D. O'Hagan, Agent)

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

Re:

Defendant: Ireland (represented by: D. O'Hagan, Agent, E. Regan
SC, J. Gormley, Advisory Counsel)

Intervener in support of the defendant: Kingdom of Spain (repre-
sented by: I. del Cuvillo Contreras, Agent)

Failure of a Member State to fulfil obligations — Defective trans-
position of Articles 12(1) and (2), 13(1)(b) and 16 of Council
Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora (OJ 1992 L 206,
p. 7)

24.2.2007

EN

Official Journal of the European Union

C 42/5

Operative part of the judgment

The Court:

1. Declares that

— by failing to take all the requisite specific measures for the effec-
tive implementation of the system of strict protection laid down
in Article 12(1) of Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of wild
fauna and flora, and

— by retaining the provisions of section 23(7)(a) to (c) of the
1976 Wildlife Act, as amended by the 2000 Wildlife
(Amendment) Act, which are incompatible with those in Arti-
cles 12(1) and 16 of Directive 92/43,

Ireland has failed to comply with those articles of Directive 92/43
and to fulfil its obligations under that directive;

2. Orders Ireland to pay the costs.

(1) OJ C 182, 23.7.2005.

Judgment of the Court (Third Chamber) of 11 January
2007 (reference for a preliminary ruling from the Sozial-
gericht Berlin — Germany) — ITC Innovative Technology
Center GmbH v Bundesagentur für Arbeit

(Case C-208/05) (1)

(Freedom of movement for workers — Freedom to provide
services — National legislation — Payment by the Member
State of the fee due to a private-sector recruitment agency in
respect of recruitment — Employment subject to compulsory
social security contributions in that Member State — Restric-
tion — Justification — Proportionality)

(2007/C 42/08)

Language of the case: German

Referring court

Sozialgericht Berlin

Parties to the main proceedings

Applicant: ITC Innovative Technology Center GmbH

Defendant: Bundesagentur für Arbeit

Re:

Reference for a preliminary ruling — Sozialgericht Berlin —
Interpretation of Articles 18 EC, 39 EC, 49 EC, 50 EC and
87 EC and of Articles 3 and 7 of Regulation (EEC) No 1612/68
of the Council of 15 October 1968 on freedom of movement

for workers within the Community (OJ, English Special Edition
1968(II), p. 475) — National legislation introducing subsidies
for private-sector recruitment companies in the event of the
conclusion by a job-seeker of a contract of employment
resulting in affiliation to the social-security system — Excluded
in the case of a contract of employment concluded with an
employer established in the territory of another Member State

Operative part of the judgment

1. Articles 39 EC, 49 EC and 50 EC prohibit national legislation,
such as the second sentence of Paragraph 421(g)(1) of Book III of
the German Social Security Code, which provides that payment by
a Member State to a private-sector recruitment agency of the fee
due to that agency by a person seeking employment in respect of
that person's recruitment is subject to the condition that the job
found by that agency be subject to compulsory social security contri-
butions in that State.

2. It is for the national court to the full extent of its discretion under
national
law, to interpret and apply domestic law in accordance
with the requirements of Community law and, to the extent that
such an interpretation is not possible in relation to the EC Treaty
provisions conferring rights on individuals which are enforceable by
them and which the national courts must protect, to disapply any
provision of domestic law which is contrary to those provisions

(1) OJ C 171, 9.7.2005.

Judgment of the Court (Grand Chamber) of 16 January
2007 (reference for a preliminary ruling from the Cour de
cassation, France) — José Perez Naranjo v Caisse régionale
d'assurance maladie (CRAM) Nord-Picardie

(Case C-265/05) (1)

(Regulation (EEC) No 1408/71 — Articles 4(2a), 10a and
95b — Supplementary old-age allowance — National
law
making the grant of that allowance conditional on residence
— Special non-contributory benefit — Listed in Annex IIa to
Regulation No 1408/71)

(2007/C 42/09)

Language of the case: French

Referring court

Cour de cassation — Civil Chamber

Parties to the main proceedings

Applicant: José Perez Naranjo

Defendant: Caisse régionale d'assurance maladie (CRAM) Nord-
Picardie