Case C-264/06: Judgment of the Court (Eighth Chamber) of 19 April 2007 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Regulation (EC) No 261/2004 — Article 16(3) — Compensation and assistance to passengers — Measures necessary)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, approximation of laws, carrier, indemnification, infringement of EU law, national implementing measure

28.4.2007

EN

Official Journal of the European Union

C 96/17

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, as regards financial services other
than private insurance, the laws, regulations and administrative
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, the Kingdom of Spain has failed to fulfil
its obligations under that directive;

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

(1) OJ C 121 of 20.5.2006.

Judgment of the Court (Seventh Chamber) of 19 April
a preliminary ruling from the
2007 (reference
Finanzgericht
Germany) — Sunshine
Deutschland Handelsgesellschaft mbH v Hauptzollamt Kiel

Hamburg,

for

tariff and statistical nomenclature and on the Common Customs Tariff,
as amended by Commission Regulation (EC) No 1789/2003 of
11 September 2003, must be interpreted as meaning that shelled
pumpkin seeds which have lost their ability to germinate and which are
intended for use in the baking industry come under that subheading.

(1) OJ C 190, 12.8.2006.

Judgment of the Court (Eighth Chamber) of 19 April 2007
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-264/06) (1)

(Failure of a Member State to fulfil obligations — Regulation
(EC) No 261/2004 — Article 16(3) — Compensation and
assistance to passengers — Measures necessary)

(2007/C 96/29)

Language of the case: French

(Case C-229/06) (1)

(Common Customs Tariff — Tariff
classification —
Combined Nomenclature — Pumpkin seeds which have lost
their ability to germinate)

Parties

(2007/C 96/28)

Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Applicant: Sunshine Deutschland Handelsgesellschaft mbH

Defendant: Hauptzollamt Kiel

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Interpretation of Annex I
to Council Regulation (EEC)
No 2658/87 on the tariff and statistical nomenclature and on
the Common Customs Tariff (OJ 1987 L 256, p. 1) — Subhead-
ings 1209 91 90 and 1212 99 80 — Shelled pumpkin seeds
which have lost the ability to germinate and are intended for
the baking industry

Operative part of the judgment

Subheading 1212 99 80 of the Combined Nomenclature in Annex I
to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the

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

Defendant: Grand Duchy of Luxembourg (represented by:
C. Schiltz)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt the measures necessary to comply with Article 16(3) of
Regulation (EC) No 261/2004 of the European Parliament and
of the Council of 11 February 2004 establishing common rules
on compensation and assistance to passengers in the event of
denied boarding and of cancellation or long delay of flights, and
repealing Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1) —
Adoption of effective, proportionate and dissuasive sanctions

Operative part of the judgment

The Court:

1. Declares that, by not laying down sanctions for infringements of
Regulation (EC) No 261/2004 of the European Parliament and of
the Council of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of denied
boarding and of cancellation or long delay of flights, and repealing
Regulation (EEC) No 295/91, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 16(3) of that regu-
lation;

C 96/18

EN

Official Journal of the European Union

28.4.2007

2. Orders the Grand Duchy of Luxembourg to pay the costs.

2. Orders the Italian Republic to pay the costs of the proceedings.

(1) OJ C 190, 12.8.2006.

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Sixth Chamber) of 19 April 2007
— Commission of the European Communities v Italian
Republic

(Case C-313/06) (1)

(Failure of a Member State to fulfil its obligations — Directive
2004/26/EC of the European Parliament and of the Council of
21 April 2004 amending Directive 97/68/EC on the approxi-
mation of the laws of the Member States relating to measures
against the emission of gaseous and particulate pollutants
from internal combustion engines to be installed in non-road
to transpose within the
mobile machinery — Failure

prescribed period)

(2007/C 96/30)

Language of the case: Italian

Parties

Judgment of the Court (Seventh Chamber) of 29 March
the European Communities v
2007 — Commission of

Kingdom of Belgium

(Case C-320/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/14/EC — Establishment of a general framework for
in the European
informing and
to implement within the period
Community — Failure
prescribed)

consulting employees

(2007/C 96/31)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and G. Rozet, acting as Agent)

Defendant: Kingdom of Belgium (represented by: D. Haven,
Agent)

Applicant: Commission of the European Communities (repre-
sented by: D. Lawunmi and D. Recchia, acting as Agents)

Re:

Defendant: Italian Republic (represented by: I.M. Braguglia and
M. Fiorilli, acting as Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Directive 2004/26/EC of the European Parliament
and of
the Council of 21 April 2004 amending Directive
97/68/EC on the approximation of the laws of the Member
States relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to be
installed in non-road mobile machinery (OJ 2004 L 146, p. 1)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2004/26/EC
of the European Parliament and of the Council of 21 April 2004
amending Directive 97/68/EC on the approximation of the laws of
the Member States relating to measures against the emission of
gaseous and particulate pollutants
combustion
engines to be installed in non-road mobile machinery, the Italian
Republic has failed to fulfil its obligations under that directive.

from internal

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the measures necessary
to comply with Directive 2002/14/EC of the European Parlia-
ment and of the Council of 11 March 2002 establishing a
general framework for informing and consulting employees in
the European Community — Joint declaration of the European
Parliament,
the Council and the Commission on employee
representation (OJ 2002 L 80, p. 29)

Operative part of the judgment

The Court:

1. Declares that, by failing, within the period prescribed, to adopt all
the laws, regulations and administrative provisions necessary to
comply with Directive 2002/14/EC of the European Parliament
and of
the Council of 11 March 2002 establishing a general
framework for informing and consulting employees in the European
Community, the Kingdom of Belgium has failed to fulfil its obliga-
tions under that directive;

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 212, 2.9.2006.