Case C-3/06 P: Judgment of the Court (Second Chamber) of 8 February 2007 — Groupe Danone v Commission of the European Communities (Appeal — Competition — Agreements, decisions and concerted practices — Fines — Guidelines on the method of setting fines — Leniency notice)
Date: 2007-04-14
Institutions: Court of Justice
Subjects: General Court (EU), appeal, beverage industry, fine, mitigating circumstances, price agreement, unlawful agreement

C 82/6

EN

Official Journal of the European Union

14.4.2007

Re:

Re:

Reference for a preliminary ruling — Efetio Patron — Interpre-
tation of Article 1 of the Brussels Convention — Scope of the
Convention — Action brought by the victims of a war massacre
against a Contracting State as being liable for the acts of its
armed forces in wartime

Operative part of the judgment

On a proper construction of the first sentence of the first paragraph of
Article 1 of the Convention of 27 September 1968 on Jurisdiction
and the Enforcement of Judgments in Civil and Commercial Matters,
as amended by the Convention of 9 October 1978 on the Accession
of the Kingdom of Denmark, Ireland and the United Kingdom of
Great Britain and Northern Ireland, by the Convention of 25 October
1982 on the Accession of the Hellenic Republic and by the Conven-
tion of 26 May 1989 on the Accession of the Kingdom of Spain and
the Portuguese Republic,
‘civil matters’ within the meaning of that
provision does not cover a legal action brought by natural persons in a
Contracting State against another Contracting State for compensation
in respect of
the
victims of acts perpetrated by armed forces in the course of warfare in
the territory of the first State.

the loss or damage suffered by the successors of

(1) OJ C 243, 1.10.2005.

Reference for a preliminary ruling — Hoge Raad der Neder-
landen — Interpretation of Article 17(2) of Sixth Council Direc-
tive 77/388/EEC of 17 May 1977 on the harmonisation of the
laws of
taxes —
the Member States relating to turnover
Common system of value added tax: uniform basis of assess-
ment (OJ 1977 L 145, p. 1) — Services paid for by a taxable
person with a view to establishing the amount of a claim which
arose before he became a taxable person — Deduction of the
tax — Need for a direct and immediate link between the
services and his activity as a taxable person or not

Operative part of the judgment

Article 17(2) of Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation of the laws of the Member States relating
to turnover taxes — Common system of value added tax: uniform
basis of assessment, is to be interpreted as meaning that the costs for
advisory services which a taxable person obtains with a view to estab-
lishing the amount of a claim forming part of his company's assets
and relating to a sale of shares prior to his becoming liable to VAT do
not, in the absence of evidence establishing that the exclusive reason for
those services is to be found in the economic activity, within the
meaning of that directive, carried out by the taxable person, have a
direct and immediate link with that activity and, consequently, do not
give rise to a right to deduct the VAT charged on them.

(1) OJ C 74, 25.3.2006.

Judgment of the Court (Fourth Chamber) of 8 February
2007 (reference for a preliminary ruling from the Hoge
Raad der Nederlanden — Netherlands) — Investrand BV v
Staatssecretaris van Financiën

(Case C-435/05) (1)

Judgment of the Court (Second Chamber) of 8 February
2007 — Groupe Danone v Commission of the European
Communities

(Sixth VAT Directive — Article 17(2) — Right to deduct —
Costs related to advisory services obtained in the course of
arbitration proceedings to establish the amount of a claim
that forms part of a company's assets, but arose before its
holder became liable to VAT)

(2007/C 82/10)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden (Netherlands)

Parties to the main proceedings

Applicant: Investrand BV

Defendant: Staatssecretaris van Financiën

(Case C-3/06 P) (1)

(Appeal — Competition — Agreements, decisions and
concerted practices — Fines — Guidelines on the method of
setting fines — Leniency notice)

(2007/C 82/11)

Language of the case: French

Parties

Appellant: Groupe Danone (represented by: A. Winckler and S.
Sorinas Jimeno, lawyers)

the European
Other party to the proceedings: Commission of
Communities (represented by: A. Bouquet and W. Wils, Agents)

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