Case C-72/06: Judgment of the Court (Fifth Chamber) of 19 April 2007 — Commission of the European Communities v Hellenic Republic (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)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, admission of aliens, national implementing measure, political asylum, right of asylum

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)