Case C-229/05 P: Judgment of the Court (First Chamber) of 18 January 2007 — Osman Ocalan, on behalf of the Kurdistan Workers' Party (PKK), Serif Vanly, on behalf of the Kurdistan National Congress (KNK) v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, Commission of the European Communities (Appeal — Specific restrictive measures directed against certain persons and entities with a view to combating terrorism — Action for annulment — Admissibility)
Date: 2007-03-10
Institutions: Court of Justice
Subjects: General Court (EU), appeal, formation of a party, international sanctions, judicial proceedings, terrorism

10.3.2007

EN

Official Journal of the European Union

C 56/5

Parties to the main proceedings

Applicants:
Jean Auroux, Marie-Hélène Riamon, Christian
Avocat, Laure Deroche, Pascal Mirabel, Vladimir Serdeczny, Paul
Perard, Dolorès Ponramon, Elisabeth Roche

Judgment of the Court (First Chamber) of 18 January 2007
— Osman Ocalan, on behalf of the Kurdistan Workers'
the Kurdistan
Party (PKK), Serif Vanly, on behalf of
National Congress (KNK) v Council of
the European
Union, United Kingdom of Great Britain and Northern
Ireland, Commission of the European Communities

Defendant: Commune de Roanne

(Case C-229/05 P) (1)

intervening party: Société d'équipement du département de la
Loire (SEDL)

(Appeal — Specific restrictive measures directed against
certain persons and entities with a view to combating
terrorism — Action for annulment — Admissibility)

Re:

Reference for a preliminary ruling — Tribunal Administratif de
Lyon — Interpretation of Articles 1 and 6 of Council Directive
93/37/EEC of 14 June 1993 concerning the coordination of
procedures for the award of public works contracts (OJ 1993 L
199, p. 54) — Public development agreement concluded in the
public interest between two contracting authorities for
the
realisation of a development procedure under which the latter
contracting authority carries out works designed to meet the
requirements of the former, with the former authority acquiring
ownership in all of the works that have not been assigned to
third parties on the expiry of the procedure — Methods for
assessing the value of the market in order to set a threshold for
the application of the award procedures — Construction of a
leisure complex and a car park

Operative part of the judgment

1) An agreement by which a first contracting authority entrusts a
second contracting authority with the execution of a work consti-
tutes a public works contract within the meaning of Article 1(a) of
Council Directive 93/37/EEC of 14 June 1993 concerning the
coordination of procedures for the award of public works contracts,
as amended by European Parliament and Council Directive
97/52/EC of 13 October 1997, regardless of whether or not it is
anticipated that the first contracting authority is or will become the
owner of all or part of that work.

2) In order to determine the value of a contract for the purpose of
Article 6 of Directive 93/37, as amended by Directive 97/52,
account must be taken of the total value of the works contract from
the point of view of a potential tenderer, including not only the
total amounts to be paid by the contracting authority but also all
the revenue received from third parties.

3) A contracting authority is not exempt from using the procedures for
the award of public works contracts laid down in Directive 93/37,
as amended by Directive 97/52, on the ground that, in accordance
the agreement may be concluded only with
with national
certain legal persons, which themselves have
capacity of
contracting authority and which will be obliged, in turn, to apply
those procedures to the award of any subsequent contracts.

law,

the

(2007/C 56/08)

Language of the case: English

Parties

Appellants: Osman Ocalan, on behalf of the Kurdistan Workers'
Party (PKK), Serif Vanly, on behalf of the Kurdistan National
Congress (KNK) (represented by: M. Muller QC, E. Grieves and P.
Moser, Barristers, J.G. Peirce, Solicitor)

Other parties to the proceedings: Council of the European Union
(represented by: E. Finnegan and M. Bishop, acting as Agents),
United Kingdom of Great Britain and Northern Ireland (repre-
sented by: R. Caudwell, acting as Agent), Commission of the
European Communities

Re:

Appeal against the order of the Court of First Instance (Second
Chamber) of 15 February 2005 in Case T-229/02 PKK and KNK
v Council, by which the Court of First Instance dismissed as inad-
missible the action seeking annulment of Council Decision
2002/334/EC of 2 May 2002 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against certain persons and entities with a view to
combating terrorism (OJ 2002 L 116, p. 33) — Capacity and
standing to bring proceedings

Operative part of the judgment

The Court:

1. Sets aside the order of the Court of First Instance of the European
Communities of 15 February 2005 in Case T-229/02 PKK and
KNK v Council in so far as it dismisses the application of Osman
Ocalan on behalf of the Kurdistan Workers' Party (PKK);

(1) OJ C 193, 6.8.2005.

2. Dismisses the appeal as to the remainder;

3. Orders Serif Vanly on behalf of the Kurdistan National Congress

(KNK) to pay the costs of the appeal brought by him;

C 56/6

EN

Official Journal of the European Union

10.3.2007

inadmissible

in so far as

4. Dismisses the application of Osman Ocalan on behalf of the PKK
as
challenges Council Decision
2002/334/EC of 2 May 2002 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against
certain persons and entities with a view to
combating terrorism and repealing Decision 2001/927/EC;

it

5. Declares that the application of Osman Ocalan on behalf of the
PKK is admissible in so far as it challenges Council Decision
2002/460/EC of 17 June 2002 implementing Article 2(3) of
Regulation (EC) No 2580/2001 on specific restrictive measures
directed against
certain persons and entities with a view to
combating terrorism and repealing Decision 2002/334/EC, and
refers the case back to the Court of First Instance of the European
Communities for judgment on the substance;

6. Reserves the costs of Osman Ocalan on behalf of the PKK.

(1) OJ C 86, 8.4.2006.

Re:

Interpretation of Article 8 of Council Directive 80/987/EEC of
20 October 1980 on the approximation of the laws of the
Member States relating to the protection of employees in the
event of the insolvency of their employer (OJ 1980 L 283,
p. 23) — Extent of the obligation to protect rights conferring
on employees immediate or prospective entitlement to old-age
benefits

Operative part of the judgment

1) On a proper

construction of Article 8 of Council Directive
80/987/EEC of 20 October 1980 on the approximation of the
laws of the Member States relating to the protection of employees
in the event of the insolvency of their employer, where the employer
is insolvent and the assets of the supplementary company or inter-
company pension schemes are insufficient, accrued pension rights
need not necessarily be funded by the Member States themselves or
be funded in full.

2) A system of protection such as that at issue in the main proceed-

ings is incompatible with Article 8 of Directive 80/987.

Judgment of the Court (Second Chamber) of 25 January
2007 (reference for a preliminary ruling from the High
Court of Justice of England and Wales, Chancery Division,
United Kingdom) — Carol Marilyn Robins and Others v
Secretary of State for Work and Pensions

3) If Article 8 of Directive 80/987 has not been properly transposed
into domestic law, the liability of the Member State concerned is
contingent on a finding of manifest and grave disregard by that
State for the limits set on its discretion.

(Case C-278/05) (1)

(1) OJ C 243, 1.10.2005.

(Protection of employees in the event of the employer's insol-
vency — Directive 80/987/EEC — Transposition — Article 8
— Supplementary company or inter-company pension schemes
— Old-age benefits — Protection of
conferring
immediate entitlement — Extent of protection — Liability of a
Member State by reason of the incorrect transposition of a
directive — Conditions)

rights

(2007/C 56/09)

Language of the case: English

Judgment of the Court (First Chamber) of 18 January 2007
(reference for a preliminary ruling from the Wojewódzki
Sąd Administracyjny w Warszawie, Poland) — Maciej Brze-
ziński v Dyrektor Izby Celnej w Warszawie

(Case C-313/05) (1)

(Internal taxation — Taxes on motor vehicles — Excise duties
— Second-hand vehicles — Import)

Referring court

High Court of Justice of England and Wales, Chancery Division

(2007/C 56/10)

Language of the case: Polish

Parties in the main proceedings

Applicants: Carol Marilyn Robins and Others

Referring court

Defendant: Secretary of State for Work and Pensions

Wojewódzki Sąd Administracyjny w Warszawie