Case C-114/06: Judgment of the Court (Eighth Chamber) of 8 February 2007 — Commission of the European Communities v The Slovak Republic (Failure by a Member State to fulfil its obligations — Directive 96/48/EC — Trans-European networks — Interoperability of the trans-European high-speed rail system — Failure to transpose)
Date: 2007-04-14
Institutions: Court of Justice
Subjects: European Commission, Slovakia, action for failure to fulfil an obligation, harmonisation of standards, high-speed transport, national implementing measure, rail network, technical regulations, trans-European network

14.4.2007

EN

Official Journal of the European Union

C 82/7

Re:

Operative part of the judgment

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 25 October 2005 in Case T-38/02 Groupe Danone
v Commission, whereby the Court of First Instance dismissed in
part
annulment of Commission Decision
2003/569/EC of 5 December 2001 relating to a proceeding
pursuant to Article 81 EC (OJ 2003 L 200, p. 1).

the action for

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Council Directive
96/48/EC of 23 July 1996 on the interoperability of the trans-
European high-speed rail system, the Slovak Republic has failed to
fulfil its obligations under that directive.

Operative part of the judgment

2. Orders the Slovak Republic to pay the costs.

The Court:

1. Dismisses the appeal;

2. Orders Groupe Danone to pay the costs.

(1) OJ C 48 of 25.2.2006.

(1) OJ C 96 of 22.4.2006.

Judgment of the Court (Fifth Chamber) of 15 February
2007 (reference for a preliminary ruling from the Finanz-
gericht München — Germany) — Ruma GmbH v Oberfi-
nanzdirektion Nürnberg

(Case C-183/06) (1)

Judgment of the Court (Eighth Chamber) of 8 February
2007 — Commission of the European Communities v The
Slovak Republic

(Common Customs Tariff — Combined Nomenclature —
classification — Heading 8529 — Subheading
Tariff

8529 90 40 — Keypad membrane for mobile telephones)

(Case C-114/06) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 96/48/EC — Trans-European networks — Interoperability
of the trans-European high-speed rail system — Failure to
transpose)

(2007/C 82/12)

Language of the case: Slovak

Parties

(2007/C 82/13)

Language of the case: German

Referring court

Finanzgericht München (Germany)

Parties in the main proceedings

Applicant: RUMA GmbH

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and T. Kukal, acting as Agents)

Defendant: Oberfinanzdirektion Nürnberg

Defendant: The Slovak Republic (represented by: R. Procházka,
acting as Agent)

Re:

Re:

Failure by a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, Council Directive 96/48/EC
of 23 July 1996 on the interoperability of the trans-European
high-speed rail system (OJ 1996 L 235, p. 6)

Reference for a preliminary ruling — Finanzgericht München —
Interpretation of Commission Regulation (EC) No 1789/2003
of 11 September 2003 amending Annex I to Council Regulation
(EEC) No 2658/87 on the tariff and statistical nomenclature and
on the Common Customs Tariff (OJ 2003 L 281, p. 1) —
Heading 8538 — Mobile
telephone keyboard membrane
(keypad) which has non-conductive contact pins on the under-
side