Case C-145/07: Action brought on 13 March 2007 — Commission of the European Communities v Kingdom of Sweden
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, air safety, common transport policy, data collection, exchange of information, national implementing measure

28.4.2007

EN

Official Journal of the European Union

C 95/33

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden lodged on 2 March 2007 — J.C.M. Beheer B.V.
v Staatssecretaris van Financiën

(Case C-124/07)

(2007/C 95/62)

Language of the case: Dutch

Question referred

The following question is referred to the Court of Justice of the
European Communities in Luxembourg pursuant to Article 234
EC: Does Article 90 EC prevent the application of Paragraph 1
of the Regulation of the Minister for Infrastructure of 28 July
2003 on the amount of the charges for a vehicle registration
card to the extent that it makes registration of a vehicle brought
in from outside the Republic of Poland, from another Member
State, dependent upon payment of a charge for issue of a
vehicle registration card amounting to PLN 500?

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: J.C.M. Beheer B.V.

Defendant: Staatssecretaris van Financiën

Question referred

Do the provisions of Article 13 B(a) of the Sixth Directive (1)
extend to activities of a (legal) person which performs character-
istic and essential activities of an insurance broker and insurance
agent, whereby negotiations are carried out in the name of
another insurance broker or insurance agent in connection with
the bringing about of insurance transactions?

Action brought on 13 March 2007 — Commission of the
European Communities v Kingdom of Sweden

(Case C-145/07)

(2007/C 95/64)

Language of the case: Swedish

(1) Sixth Council Directive 77/388/EEG of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment,
OJ 1977 L 145, p. 1.

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

Parties

Defendant: Kingdom of Sweden

Form of order sought

— declare that, by failing to adopt the laws, regulation and
administrative provisions necessary to comply with Directive
2003/42/EC of the European Parliament and of the Council
of 13 June 2003 (1) on occurrence reporting in civil aviation
or,
in any event, by failing to notify the Commission
thereof, the Kingdom of Sweden has failed to fulfil its obli-
gations under the Directive, and

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The time-limit for implementing the Directive expired on 4 July
2005.

(1) OJ 2003 L 167, p. 23.

Reference for a preliminary ruling from the Sąd Rejonowy
w Jaworznie (Republic of Poland) lodged on 7 March 2007
— Piotr Kawala v Gmina Miasta Jaworzna

(Case C-134/07)

(2007/C 95/63)

Language of the case: Polish

Referring court

Sąd Rejonowy w Jaworznie

Parties to the main proceedings

Applicant: Piotr Kawala

Defendant: Gmina Miasta Jaworzna