Case C-188/06 P: Order of the Court of 9 March 2007 — Schneider Electric SA v Commission of the European Communities (Appeals — Concentrations between undertakings — Electricity distribution market — Decisions to initiate and close proceedings)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, General Court (EU), action for annulment (EU), appeal, dominant position, economic concentration, electrical equipment, electricity supply, merger control

C 96/22

EN

Official Journal of the European Union

28.4.2007

Other parties to the proceedings: Commission of the European
Communities
(represented by: X. Lewis and F. Simonetti,
Agents), Republic of Finland

Parties

Applicant: Ceramika Paradyż sp.z oo

Defendant: Dyrektor Izby Skarbowej w Łodzi

Re:

of

against

brought

judgment

Appeal
the Court
the
of First Instance (Third Chamber) of 14 December 2005 in Case
T-369/03 Arizona Chemical and Others v Commission,
in
which the Court of First
Instance declared inadmissible an
action for annulment of Commission Decision D(2003)430245
of 20 August 2003, rejecting the applicant's request to withdraw
rosin from the list of dangerous substances set out in Annex I
to Council Directive 67/548/EEC of 27 June 1967 on the
approximation of the laws, regulations and administrative provi-
sions relating to the classification, packaging and labelling of
dangerous substances (OJ L 196, p. 1)

Re:

Reference for a preliminary ruling — Wojewódzki Sąd Adminis-
tracyny w Łodzi (Poland) — Interpretation of the second para-
graph of Article 2 of First Council Directive 67/227/EEC of
11 April 1967 on the harmonisation of legislation of Member
States concerning turnover taxes (OJ 1967 L 71, p. 1301), and
Articles 2, 10(1)(a), 10(2) and 27(1) of Directive 77/388/EEC:
Sixth Council Directive 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 assess-
ment (OJ 1977 L 145, p. 1) — National legislation providing
for the imposition of an additional tax in cases where irregulari-
ties are found in the return submitted by the taxable person

Operative part of the order

1. The appeal is dismissed.

Operative part of the order

2. Arizona Chemical BV, Eastman Belgium BVBA and Cray Valley

Iberica SA shall bear the costs.

The Court of Justice of the European Communities has no jurisdiction
to reply to the questions referred by the Wojewódzki Sąd Administra-
cyny w Łodzi.

(1) OJ C 121, 20.5.2006.

(1) OJ C 143, 17.6.2006.

Order of the Court (Sixth Chamber) of 6 March 2007
(reference for a preliminary ruling from the Wojewódzki
Sąd Administracyny w Łodzi
(Regional Administrative
Court, Łódź) — Ceramika Paradyż sp.z oo v Dyrektor Izby
Skarbowej w Łodzi

Order of

the Court of 9 March 2007 — Schneider

Electric SA v Commission of the European Communities

(Case C-188/06 P) (1)

(Case C-168/06) (1)

(Appeals — Concentrations between undertakings — Electri-
city distribution market — Decisions to initiate and close
proceedings)

(Article 104(3), first subparagraph, of the Rules of Procedure
— First and Sixth VAT Directives — Facts pre-dating the
accession of the Republic of Poland to the European Union —
Jurisdiction of the Court)

(2007/C 96/39)

Language of the case: French

(2007/C 96/38)

Language of the case: Polish

Parties

Referring court

Wojewódzki Sąd Administracyny w Łodzi

Applicant: Schneider Electric SA (represented by: A. Winckler,
I. Girgenson and M. Pittie, avocats)

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

28.4.2007

EN

Official Journal of the European Union

C 96/23

Re:

Appeal brought against the Order of the Court of First Instance
(Fourth Chamber) of 31 January 2006 in Case T-48/03
Schneider Electric SA v Commission, rejecting as inadmissible
an application for annulment of the Commission's Decision of
4 December 2002 to initiate
examination
of
the concentration between Schneider and Legrand (Case
COMP/M.2283 — Schneider/Legrand II) and of the Commis-
sion's Decision of 13 December 2002 to close the proceedings
examining the concentration.

detailed

a

the call

the tenders submitted by the applicants in the context of the
procedure for
tenders bearing the reference
‘EuropeAid/119860/C/SV/multi-Lot 7’ and, second, of any other
decision taken by the Commission in the context of the same
call for tenders following the decisions of 12 October 2005

for

Operative part of the order

The Court:

1. Dismisses the appeal;

Operative part of the order

1. The appeal is dismissed.

2. Orders TEA-CEGOS SA and Services

techniques

globaux

(STG) SA to pay the costs.

2. Schneider Electric SA is ordered to pay the costs.

(1) OJ C 165, 15.7.2006.

(1) OJ C 165, 15.7.2006.

Order of the Court of 20 April 2007 — TEA-CEGOS, SA,
Services
SA v GHK
globaux
Consulting Ltd, Commission of the European Communities

techniques

(STG)

Order of the Court (Sixth Chamber) of 6 March 2007 —
(Reference for a preliminary ruling from the Tribunale di
Lecce (Italy)) — Criminal proceedings against Aniello
Gallo, Gianluca Damonte

(Case C-191/06) (1)

(Case C-189/06 P) (1)

(Appeal — Public contracts for services — Call for tenders
relating to a multiple framework contract for the short term
recruitment of experts responsible for providing technical
assistance to third countries — Rejection of the appellants'
tender — Appeal manifestly unfounded)

(Article 104(3), first subparagraph, of the Rules of Procedure
— Freedom of establishment — Freedom to provide services
— Interpretation of Articles 43 EC and 49 EC — Games of
chance — Collection of bets on sporting events — Licensing
requirement — Exclusion of certain operators by reason of
their type of corporate form — Requirement of police authori-
sation — Criminal penalties)

(2007/C 96/40)

Language of the case: French

(2007/C 96/41)

Language of the case: Italian

Parties

Referring court

globaux
Appellants: TEA-CEGOS, SA, Services
(STG) SA (represented by: G. Vandersanden and L. Levi, avocats)

techniques

Tribunale di Lecce (Italy)

Other parties to the proceedings: GHK Consulting Ltd, Commission
of the European Communities (represented by: M. Wilderspin
and G. Boudot, Agents)

Criminal proceedings against

Aniello Gallo, Gianluca Damonte

Re:

Action

Appeal brought against the judgment of
the Court of First
Instance (Second Chamber) of 14 February 2006 in Joined
Cases T-376/05 and T-383/05 TEA-CEGOS and Others v
Commission dismissing the application for annulment, first, of
the Commission's decisions of 12 October 2005 rejecting

Reference for a preliminary ruling — Tribunale di Lecce —
Interpretation of Articles 31, 43, 49 and 81 to 86 EC —
National law making the activity of collecting bets subject to
prior authorisation