Case C-36/07: Action brought on 31 January 2007 — Commission of the European Communities v Italian Republic
Date: 2007-04-14
Institutions: Court of Justice
Subjects: European Commission, Italy, Union transit, action for failure to fulfil an obligation, health legislation, import, live animal, national implementing measure

14.4.2007

EN

Official Journal of the European Union

C 82/17

Form of order sought

Pleas in law and main arguments

— Declare the present appeal

to be admissible and well
founded and set aside the judgment in Case T-217/02 to the
extent to which that judgment rejected the first part of the
first plea in law;

The period prescribed for the transposition into national law of
Directive 2001/84/EC expired on 31 December 2005.

— Order the Commission to pay the costs of the proceedings.

(1) OJ 2001 L 272, p 32.

Pleas in law and main arguments

1. The sole plea in law is to the effect that the Court of First
Instance acted contrary to Article 87(1) EC in ruling in the
judgment under appeal, on the basis of a misconstruction of
the law, that there was favourable treatment of the appellant
within the terms of Article 87(1) EC.

2. The sole plea consists of two parts:

— Primarily: the judgment under appeal breaches Article 87
(1) EC in holding that that there was favourable treat-
ment of the appellant within the terms of Article 87
(1) EC on the basis of a merely formalistic examination
of Article 87(1) EC, rather than an economic appraisal.

— In the alternative: the judgment under appeal breaches
Article 87(1) EC in holding that that there was no over-
valuation of the shares in issue and that the absence of
overvaluation constituted favourable treatment within the
terms of Article 87(1) EC.

Action brought on 29 January 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-32/07)

(2007/C 82/30)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig and W. Wils, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

— Declare that, by failing to adopt all of the laws, regulations
and administrative measures necessary to comply with
Directive 2001/84/EC (1) of the European Parliament and of
the Council of 27 September 2001 on the resale right for
the benefit of the author of an original work of art, the
Kingdom of Spain has failed to fulfil its obligations under
that Directive.

— Order the Kingdom of Spain to pay the costs.

Action brought on 31 January 2007 — Commission of the
European Communities v Italian Republic

(Case C-36/07)

(2007/C 82/31)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga, acting as Agent)

Defendant: Italian Republic

Forms of order sought

— Declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/68/EC of 26 April 2004 laying down animal
health rules for the importation into and transit through the
Community of certain live ungulate animals, amending
Directives 90/426/EEC and 92/65/EEC and repealing Direc-
tive 72/462/EEC (1), or by failing in any event to communi-
cate those provisions
the Italian
Republic has failed to fulfil its obligations under Article 18
(1) of that directive;

to the Commission,

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit
expired on 20 November 2005.

for

transposition of Directive 2004/68/EC

(1) OJ 2004 L 139, p. 321.