Case C-160/06: Judgment of the Court (Seventh Chamber) of 8 March 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil its obligations — Directive 2003/51/EC — Company law — Annual accounts of certain types of companies — Failure to transpose within the prescribed period)
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, bank, consolidated account, financial institution, insurance company, national implementing measure, publication of accounts

28.4.2007

EN

Official Journal of the European Union

C 95/13

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt within the prescribed period all measures necessary to
comply with Directives 2002/96/EC of the European Parliament
and of the Council of 27 January 2003 on waste electrical and
electronic equipment
(OJ 2003 L 137, p. 24) and
2003/108/EC of the European Parliament and of the Council of
8 December 2003 amending Directive 2002/96/EC (OJ 2003
L 345, p. 106)

(WEEE)

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, all the provisions necessary
to comply with Directive 2003/51/EC of the European Parlia-
ment and of the Council of 18 June 2003 amending Direc-
tives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC
on the annual and consolidated accounts of certain types of
companies, banks and other financial institutions and insurance
undertakings (OJ 2003 L 178, p. 16)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-

istrative provisions necessary to comply with:

— Directive 2002/96/EC of the European Parliament and of the
Council of 27 January 2003 on waste electrical and electronic
equipment (WEEE), and

— Directive 2003/108/EC of the European Parliament and of
the Council of 8 December 2003 amending Directive
2002/96,

the United Kingdom of Great Britain and Northern Ireland has
failed to fulfil its obligations under those Directives;

2. Orders the United Kingdom of Great Britain and Northern Ireland

to pay the costs.

(1) OJ C 108 of 6.5.2006.

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive 2003/51/EC
of the European Parliament and of the Council of 18 June 2003
amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC
and 91/674/EEC on the annual and consolidated accounts of
certain types of companies, banks and other financial institutions
and insurance undertakings, the Italian Republic has failed to fulfil
its obligations under that directive;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 131, 3.6.2006.

Judgment of the Court (Seventh Chamber) of 15 March
2007 — T.I.M.E. ART Uluslararasi Saat Ticareti ve diş
Ticaret AŞ v Office for Harmonisation in the Internal
Market (Trade Marks and Designs), Devinlec Développe-
ment Innovation Leclerc SA

Judgment of the Court (Seventh Chamber) of 8 March
the European Communities v
2007 — Commission of

(Case C-171/06 P) (1)

Italian Republic

(Case C-160/06) (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2003/51/EC — Company law — Annual accounts of
certain types of companies — Failure to transpose within the
prescribed period)

(Appeal — Community trade mark — Regulation (EC)
No 40/94 — Article 8(1)(b) — Figurative mark — Opposi-
tion by the proprietor of an earlier national trade mark —
Likelihood of confusion)

(2007/C 95/22)

Language of the case: English

(2007/C 95/21)

Language of the case: Italian

Parties

Parties

Appellant: T.I.M.E. ART Uluslararasi Saat Ticareti ve diş Ticaret
AŞ (represented by: M. Francetti and F. Jacobacci, avvocati)

Applicant: Commission of the European Communities (repre-
sented by: E. Montaguti and G. Zavvos, acting as Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent,
P. Gentili, avvocato)

Other parties to the proceedings: Office for Harmonisation in the
Internal Market
(represented by:
(Trade Marks and Designs)
A. Folliard Monguiral and J. Novais Gonçalves, Agents), Devinlec
J.-
Développement
P. Simon, avocet)

Innovation Leclerc SA (represented by: