Case C-195/04: Judgment of the Court (Second Chamber) of 26 April 2007 — Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil obligations — Public supply contract for catering equipment — Article 28 EC — Quantitative restrictions on imports — Measures having equivalent effect — Principle of non-discrimination — Obligation of transparency)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, administrative transparency, award of contract, household electrical appliance, public contract, purchase

28.4.2007

EN

Official Journal of the European Union

C 96/3

Judgment of the Court (Third Chamber) of 29 March 2007
— Commission of the European Communities v United
Kingdom of Great Britain and Northern Ireland

(Case C-64/04) (1)

(Failure of a Member State to fulfil obligations — Fishing
licences — Regulation (EC) No 3690/93 — Vessels Cleopatra
and Ocean Quest — Definitive transfer of those vessels to
Argentina)

(2007/C 96/03)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: T. van Rijn and B. Doherty, acting as Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland (represented by: M. Bethell, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 5 of Council Regulation (EC) No 3690/93 of
20 December 1993 establishing a Community system laying
down rules for the minimum information to be contained in
fishing licences — Failure to withdraw the fishing licences of the
vessels Cleopatra and Ocean Quest after their definitive transfer to
Argentina

Operative part of the judgment

The Court:

1. Dismisses the action;

Defendant: Council of
F. Florindo Gijón and G. Ramos Ruano, Agents)

the European Union (represented by:

Intervener in support of the defendant: Commission of the Euro-
pean Communities (represented by: T. van Rijn and S. Pardo
Quintillán, Agents)

Re:

Annulment in part of Council Regulation (EC) No 2287/2003
of 19 December 2003 fixing for 2004 the fishing opportunities
and associated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and,
for Com-
munity vessels, in waters where catch limitations are required
(OJ 2003 L 344, p. 1) in so far as new fishing opportunities in
the North Sea and in the Baltic are not allocated having regard
to the interests of Spain despite the end of the transitional
regime — Discrimination — Application of Article 20(2) of
Council Regulation (EC) No 2371/2002 of 20 December 2002
on the conservation and sustainable exploitation of fisheries
resources under the Common Fisheries Policy (OJ 2002 L 358,
p. 59)

Operative part of the judgment

The Court:

1. Dismisses the action;

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

3. Orders the Commission of the European Communities to bear its

own costs.

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 106 of 30.4.2004.

(1) OJ C 94, 17.4.2004.

Judgment of the Court (Seventh Chamber) of 19 April
2007 — Kingdom of Spain v Council of the European
Union

(Case C-134/04) (1)

(Fisheries — Regulation (EC) No 2287/2003 distributing
catch quotas among Member States — Act of Accession of
Spain — End of the transitional period — Requirement of
relative stability — Principle of non-discrimination — New
fishing opportunities)

(2007/C 96/04)

Language of the case: Spanish

Judgment of the Court (Second Chamber) of 26 April 2007
— Commission of the European Communities v Republic
of Finland

(Case C-195/04) (1)

(Failure of a Member State to fulfil obligations — Public
supply contract for catering equipment — Article 28 EC —
Quantitative restrictions on imports — Measures having
equivalent effect — Principle of non-discrimination — Obli-
gation of transparency)

(2007/C 96/05)

Language of the case: Finnish

Parties

Parties

Applicant: Kingdom of Spain (represented by: M.A. Sampol
Pucurull and E. Braquehais Conesa, Agents)

Applicant: Commission of the European Communities (repre-
sented by: M. Huttunen and K. Wiedner, Agents)

C 96/4

EN

Official Journal of the European Union

28.4.2007

Defendant: Republic of Finland (represented by: T. Pynnä and
E. Bygglin, Agents)

Interveners in support of
the defendant: Kingdom of Denmark
(represented by: J. Molde, Agent), Federal Republic of Germany
(represented by: A. Tiemann and M. Lumma, Agents), Kingdom
of
(represented by: H. G. Sevenster and
C.M. Wissels and by P. van Ginneken, Agents)

the Netherlands

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 28 EC — Purchase by a public undertaking of
institutional kitchen equipment — Obligation of transparency

Operative part of the judgment

The Court:

1. Dismisses the action as inadmissible;

Article 43 EC), Article 58 (now Article 48 EC) and Article 73b
(now Article 56 EC) — National legislation on corporation tax
limiting the set-off by resident parent companies of
losses
resulting from the writing down of holdings in subsidiary
companies resident for tax purposes in other Member States

Operative part of the judgment

In circumstances such as those of the main proceedings, in which a
parent company holds shares in a non-resident subsidiary which give it
a definite influence over the decisions of that foreign subsidiary and
allow it to determine its activities, Article 52 of the EC Treaty (now,
after amendment, Article 43 EC) and Article 58 of the EC Treaty
(now Article 48 EC) preclude legislation of a Member State which
restricts the right of a parent company which is resident in that State
to deduct for tax purposes losses incurred by that company in respect
of write-downs to the book value of its shareholdings in subsidiaries
established in other Member States.

2. Orders the Commission of the European Communities to pay the

(1) OJ C 273, 6.11.2004.

costs.

(1) OJ C 179, 10.7.2004.

Judgment of the Court (Second Chamber) of 29 March
2007 (reference
a preliminary ruling from the
Finanzgericht Köln — Germany) — Rewe Zentralfinanz eG,
ITS Reisen GmbH v
as universal

successor of

legal

for

Finanzamt Köln-Mitte

(Case C-347/04) (1)

(Freedom of establishment — Corporation tax — Immediate
offsetting of losses incurred by parent companies — Losses
stemming from write-downs to the book value of sharehold-
ings in subsidiaries established in other Member States)

(2007/C 96/06)

Language of the case: German

Judgment of the Court (Second Chamber) of 26 April 2007
(reference for a preliminary ruling from the Court of
Appeal — United Kingdom) — Boehringer Ingelheim KG,
Boehringer
Ingelheim Pharma GmbH & Co. KG v
Swingward Ltd, and Boehringer Ingelheim KG, Boehringer
Ingelheim Pharma GmbH & Co. KG v Dowelhurst Ltd, and
Glaxo Group Ltd v Swingward Ltd, and Glaxo Group Ltd,
The Wellcome Foundation Ltd v Dowelhurst Ltd, and
SmithKline Beecham plc, Beecham Group plc, SmithKline
& French Laboratories Ltd v Dowelhurst Ltd, and Eli Lilly
and Co. v Dowelhurst Ltd

(Case C-348/04) (1)

(Industrial and commercial property — Trade mark rights —
Pharmaceutical products — Parallel imports — Repackaging
of the product bearing the trade mark)

(2007/C 96/07)

Language of the case: English

Referring court

Finanzgericht Köln

Parties to the main proceedings

Referring court

Court of Appeal

Applicant: Rewe Zentralfinanz eG, as universal legal successor of
ITS Reisen GmbH

Parties to the main proceedings

Defendant: Finanzamt Köln-Mitte

Re:

Reference for a preliminary ruling — Finanzgericht Köln —
amendment,
52
Interpretation

of Article

(now,

after

Ingelheim KG, Boehringer

Ingelheim
Applicants: Boehringer
Pharma GmbH & Co. KG, Glaxo Group Ltd, The Wellcome
Foundation Ltd, SmithKline Beecham plc, Beecham Group plc,
SmithKline & French Laboratories Ltd, and Eli Lilly and Co.

Defendants: Swingward Ltd and Dowelhurst Ltd