Case C-191/06: 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 (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 authorisation — Criminal penalties)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, EU law, application of the law, decision, freedom to provide services, frontier worker, interpretation of the law, national law, penalty, right of establishment

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

C 96/24

EN

Official Journal of the European Union

28.4.2007

Operative part of the judgment

1. National legislation which prohibits the pursuit of the activities of
collecting, taking, booking and forwarding offers of bets, in particu-
lar bets on sporting events, without a licence or a police authorisa-
tion issued by the Member State concerned, constitutes a restriction
on the freedom of establishment and the freedom to provide services,
provided for in Articles 43 EC and 49 EC respectively.

2. It is for the national courts to determine whether,

in so far as
national
legislation limits the number of operators active in the
betting and gaming sector, it genuinely contributes to the objective
of preventing the exploitation of activities in that sector for criminal
or fraudulent purposes.

3. Articles 43 EC and 49 EC must be interpreted as precluding
national legislation, such as that at issue in the main proceedings,
which excludes — and, moreover, continues to exclude — from the
betting and gaming sector operators in the form of companies
whose shares are quoted on the regulated markets.

4. Articles 43 EC and 49 EC must be interpreted as precluding
national legislation, such as that at issue in the main proceedings,
which imposes a criminal penalty on persons such as the defendants
in the main proceedings for pursuing the organised activity of
collecting bets without a licence or a police authorisation as required
under the national legislation, where those persons were unable to
in
obtain licences or authorisations because that Member State,
breach of Community law, refused to grant licences or authorisa-
tions to such persons.

Other parties to the proceedings: Office for Harmonisation in the
Internal Market
(represented by:
(Trade Marks and Designs)
D. Botis, Agent), CompUSA Management Co

Re:

the national

Appeal against the judgment of the Court of First Instance (First
Chamber) of 7 February 2006 in Case T-202/03 Alecansan v
OHIM by which the Court of First Instance dismissed an action
brought by the proprietor of
figurative mark
‘COMP USA’ in respect of goods in Class 39 for annulment of
Decision R 711/2002-1 of the First Board of Appeal of OHIM
of 24 March 2003 dismissing the appeal against the decision of
the Opposition Division rejecting the opposition lodged against
the application for registration of
the figurative Community
trade mark ‘COMP USA’ in respect of goods in Classes 9 and 37
— Similarity
between the marks — Infringement of
Article 8(1)(b) of Council Regulation (EC) No 40/94 of
20 December 1993 on the Community trade mark (OJ 1994
L 11, p. 1)

Operative part of the order

1. The appeal is dismissed.

2. Alecansan SL shall bear the costs.

(1) OJ C 165, 15.7.2006.

(1) OJ C 190, 12.8.2006.

Order of the Court (Seventh Chamber) of 9 March 2007 —
Alecansan SL v Office for Harmonisation in the Internal
CompUSA
Market

and Designs),

(Trade Marks

Management Co

(Case C-196/06 P) (1)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 8(1)(b) — Application for registration of
a figurative mark — Opposition of the proprietor of an earlier
national figurative mark — Likelihood of confusion — None
— No similarity between the goods and services covered by
the conflicting trade marks)

Order of the Court of 8 March 2007 — Guido Strack v
Commission of the European Communities

(Case C-237/06 P) (1)

(Appeals — Staff cases — Decision to close an OLAF investi-
gation — Allegations of fraud made by an official — Locus
standi of the official)

(2007/C 96/43)

Language of the case: Italian

(2007/C 96/42)

Language of the case: English

Parties

Parties

Appellant: Alecansan SL (represented by: P. Merino Baylos and
A. Velázquez Ibáñez, abogados)

Other party/parties to the proceedings: Commission of the Euro-
pean Communities (represented by: H. Kraemer and C. Laden-
burger, as Agents)

Applicant(s): Guido Strack (represented by: L. Füllkrug, Rechtsan-
walt)