Case C-72/07: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Asturias (Spain), lodged on 9 February 2007 — José Manuel Blanco Pérez and Maria del Pilar Chao Gómez v Consejería de Salud y Servicios Sanitarios
Date: 2007-04-14
Institutions: Court of Justice
Subjects: EU national, health legislation, interpretation of the law, medicinal product, right of establishment

14.4.2007

EN

Official Journal of the European Union

C 82/23

Or does it, on the contrary, also require the national court
to grant a prohibitory injunction, as provided for in national
law? Having regard to the facts in the main proceedings, to
what extent is the national court further required to order
the publication of the forthcoming judgment as an effective,
proportionate and dissuasive sanction?

(1) OJ L 180, p. 22.

Action brought on 9 February 2007 — Commission of the
European Communities v Italian Republic

(Case C-69/07)

(2007/C 82/41)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Rechhia and J.-B. Laignelot, acting as Agents)

Defendant: Italian Republic

Forms of order sought

— Declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2003/35/EC of the European Parliament and of the Council
of 26 May 2003 providing for public participation in
respect of the drawing up of certain plans and programmes
relating to the environment and amending with regard to
public participation and access to justice Council Directives
85/337/EEC and 96/61/EC (1), the Italian Republic has failed
to fulfil its obligations under Article 6 of that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit
expired on 25 June 2005.

for

transposition of Directive 2003/35/EC

(1) OJ 2003 L 156, p. 17.

Reference for a preliminary ruling from the Högsta
lodged on 12 February 2007 —
domstolen (Sweden)

Kerstin Sundelind Lopez v Miquel Enrique Lopez Lizazo

(Case C-68/07)

(2007/C 82/40)

Language of the case: Swedish

Referring court

Högsta domstolen

Parties to the main proceedings

Applicant: Kerstin Sundelind Lopez

Defendant: Miquel Enrique Lopez Lizazo

Question referred

The respondent in a case concerning divorce is neither resident
in a Member State nor a citizen of a Member State. May the
case be heard by a court in a Member State which does not
have jurisdiction under Article 3 (1) [of the Brussels II Regu-
lation], even though a court in another Member State may have
jurisdiction by application of one of the rules on jurisdiction set
out in Article 3?

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Asturias
lodged on
9 February 2007 — José Manuel Blanco Pérez and Maria
del Pilar Chao Gómez v Consejería de Salud y Servicios
Sanitarios

(Spain),

(Case C-72/07)

(2007/C 82/42)

Language of the case: Spanish

(1) Council Regulation (EC) No 2201/2003 of 27 November 2003, OJ

L 338, p. 1.

Referring court

Tribunal Superior de Justicia de Asturias (High Court of Justice
of Asturias)

C 82/24

EN

Official Journal of the European Union

14.4.2007

Parties to the main proceedings

Applicant:
Gómez

José Manuel Blanco Pérez, Maria del Pilar Chao

Defendant: Consejería de Salud y Servicios Sanitarios

Questions referred

1. Should Article 2 of Decree 72/2001 and the First Section of
Chapter II of said Decree, pursuant to the provisions of
Article 103 of Law 14/1986 (General Health) and of
Article 88 of Law 25/1990 of 20 December (on medicinal
products), be considered to be in breach of Article 43 of the
Treaty establishing the European [Community]?

2. Should Annex III of the Resolution of the Department of
Health and Health Care Services of the Government of the
Principality of Asturias be considered to be in breach of
Article 43 of the EC Treaty?

Action brought on 13 February 2007 — Commission of
the European Communities v Republic of Malta

(Case C-79/07)

(2007/C 82/43)

Language of the case: Maltese

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou Durande and K. Xuereb, Agents)

Defendant: Republic of Malta

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations or
administrative provisions necessary to comply with Council
Directive 2003/110/EC of 25 November 2003 on assistance
in cases of transit for the purposes of removal by air (1) or,
in any event, by failing to notify such provisions to the
Commission, the Republic of Malta has failed to fulfil
its
obligations under that Directive.

— order the Republic of Malta to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 6 December 2005.

(1) OJ L 321, p. 26.

Reference for a preliminary ruling from the Tribunal
Supremo (Spain) lodged on 15 February 2007 — Comisión
del Mercado de las Telecomunicaciónes v Administración
del Estado

(Case C-82/07)

(2007/C 82/44)

Language of the case: Spanish

Referring court

Tribunal Supremo (Spain)

Parties to the main proceedings

Appellant: Comisión del Mercado de las Telecomunicaciónes

Respondent: Administración del Estado

Questions referred

1. Do Article

3(2)

10(1)

and Article

in conjunction with Recital 11,

of Directive
2002/21/EC (1),
require
Member States to allocate to separate authorities ‘regulatory
functions’ on the one hand and ‘operational’ functions on
the other,
in relation to assigning national numbering
resources and managing national numbering plans?

2. Where

on
transposing Directive
State,
a Member
law, has charged a specific
2002/21/EC into its national
authority with assigning national numbering resources and
managing national numbering plans, may it at the same time
reduce that authority's powers in that sphere, conferring
them on other authorities or on its own State administration,
with the result that management of those resources is in
reality shared between various authorities?

(1) Directive 2002/21/EC of

the
Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework Direc-
tive).

the European Parliament and of

Action brought on 15 February 2007 — Commission of
the European Communities v Italian Republic

(Case C-86/07)

(2007/C 82/45)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and E. De Persio, Agents)

Defendant: Italian Republic