Case C-141/06: Judgment of the Court (Sixth Chamber) of 19 April 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2002/65/EC — Financial services — Distance marketing — Failure to transpose within the prescribed period)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, consumer protection, distance selling, financial legislation

C 96/16

EN

Official Journal of the European Union

28.4.2007

Re:

laying down minimum standards for the reception of asylum
seekers (OJ 2003 L 31, p. 18)

Reference for a preliminary ruling — Lietuvos vyriausiasis
administracinis teismas — Interpretation of Article 27(1)(f) of
Council Directive 92/83/EEC of 19 October 1992 concerning
harmonisation of the structures of excise duties on alcohol and
alcoholic beverages (OJ 1992 L 316, p. 21) — Obligation to
exempt alcohol contained in chocolate products being imported
from third countries

Operative part of the judgment

The Court:

Operative part of the judgment

Article 27(1)(f) of Council Directive 92/83/EEC of 19 October 1992
on the harmonisation of the structures of excise duties on alcohol and
alcoholic beverages should be understood as imposing an obligation on
Member States to exempt from harmonised excise duty ethyl alcohol
the European Union and
imported into the customs territory of
contained in chocolate products intended for direct use, where the
alcohol content does not exceed 8.5 litres for every 100 kilograms of
the chocolate products.

(1) OJ C 86, 8.4.2006.

1. Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2003/9/EC of 27 January 2003 laying
down minimum standards for the reception of asylum seekers, the
Hellenic Republic has failed to fulfil its obligations under Article 26
of that directive;

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 74 of 25.3.2006.

Judgment of the Court (Sixth Chamber) of 19 April 2007
— Commission of the European Communities v Kingdom
of Spain

Judgment of the Court (Fifth Chamber) of 19 April 2007 —
the European Communities v Hellenic
Commission of

(Case C-141/06) (1)

Republic

(Case C-72/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/65/EC — Financial services — Distance marketing —
Failure to transpose within the prescribed period)

(Failure of a Member State to fulfil obligations — Directive
2003/9/EC — Asylum policy — Asylum seekers — Reception
— Minimum standards — Failure to transpose within the
prescribed period)

(2007/C 96/27)

Language of the case: Spanish

(2007/C 96/26)

Language of the case: Greek

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu and R. Vidal Puig, Agents)

Defendant: Kingdom of Spain (represented by: M.A. Sampol
Pucurull, Agent)

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and C. O'Reilly, Agents)

Defendant: Hellenic Republic (represented by: N. Dafniou, Agent)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Council Directive 2003/9/EC of 27 January 2003

than private insurance,

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, as regards financial services
other
the provisions necessary to
comply with Directive 2002/65/EC of the European Parliament
and of
the Council of 23 September 2002 concerning the
distance marketing of consumer financial services and amending
Council Directive 90/619/EEC and Directives 97/7/EC and
98/27/EC (OJ 2002 L 271, p. 16)

28.4.2007

EN

Official Journal of the European Union

C 96/17

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, as regards financial services other
than private insurance, the laws, regulations and administrative
provisions necessary to comply with Directive 2002/65/EC of the
European Parliament and of the Council of 23 September 2002
concerning the distance marketing of consumer financial services
and amending Council Directive 90/619/EEC and Directives
97/7/EC and 98/27/EC, the Kingdom of Spain has failed to fulfil
its obligations under that directive;

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 121 of 20.5.2006.

Judgment of the Court (Seventh Chamber) of 19 April
a preliminary ruling from the
2007 (reference
Finanzgericht
Germany) — Sunshine
Deutschland Handelsgesellschaft mbH v Hauptzollamt Kiel

Hamburg,

for

tariff and statistical nomenclature and on the Common Customs Tariff,
as amended by Commission Regulation (EC) No 1789/2003 of
11 September 2003, must be interpreted as meaning that shelled
pumpkin seeds which have lost their ability to germinate and which are
intended for use in the baking industry come under that subheading.

(1) OJ C 190, 12.8.2006.

Judgment of the Court (Eighth Chamber) of 19 April 2007
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-264/06) (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 261/2004 — Article 16(3) — Compensation and
assistance to passengers — Measures necessary)

(2007/C 96/29)

Language of the case: French

(Case C-229/06) (1)

(Common Customs Tariff — Tariff
classification —
Combined Nomenclature — Pumpkin seeds which have lost
their ability to germinate)

Parties

(2007/C 96/28)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Sunshine Deutschland Handelsgesellschaft mbH

Defendant: Hauptzollamt Kiel

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Interpretation of Annex I
to Council Regulation (EEC)
No 2658/87 on the tariff and statistical nomenclature and on
the Common Customs Tariff (OJ 1987 L 256, p. 1) — Subhead-
ings 1209 91 90 and 1212 99 80 — Shelled pumpkin seeds
which have lost the ability to germinate and are intended for
the baking industry

Operative part of the judgment

Subheading 1212 99 80 of the Combined Nomenclature in Annex I
to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the

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

Defendant: Grand Duchy of Luxembourg (represented by:
C. Schiltz)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt the measures necessary to comply with Article 16(3) of
Regulation (EC) No 261/2004 of the European Parliament and
of the Council of 11 February 2004 establishing common rules
on compensation and assistance to passengers in the event of
denied boarding and of cancellation or long delay of flights, and
repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1) —
Adoption of effective, proportionate and dissuasive sanctions

Operative part of the judgment

The Court:

1. Declares that, by not laying down sanctions for infringements of
Regulation (EC) No 261/2004 of the European Parliament and of
the Council of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of denied
boarding and of cancellation or long delay of flights, and repealing
Regulation (EEC) No 295/91, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 16(3) of that regu-
lation;