Case C-112/07: Action brought on 26 February 2007 — Commission of the European Communities v Italian Republic
Date: 2007-05-26
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, area of freedom, security and justice, indemnification, national implementing measure, victim

26.5.2007

EN

Official Journal of the European Union

C 117/5

2. Does

it

correct

interpretation

follow from a

of
Article 18(1)(d) of the Sixth Council Directive 77/388/EEC
of 17 May 1977 that national legislation may not, in regu-
lating the ‘formalities’ referred to in that provision by means
of the reverse charge procedure governed by the combined
provisions of Articles 17(3), 23 and 25 of DPR 633/72,
make (solely to the detriment of the taxpayer) the exercise of
the right to deduct permitted by Article 17 of the Directive
conditional upon compliance with a time limit such as that
laid down in Article 19 of DPR 633/72?

(1) OJ 1977 L 145, p. 1.

Action brought on 26 February 2007 — Commission of
the European Communities v Italian Republic

(Case C-112/07)

(2007/C 117/07)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. De Persio and M. Condou-Durande, acting as
Agents)

Defendant: Italian Republic

Forms of order sought

The applicant claims that the Court should:

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/80/EC of 29 April 2004 relating to compen-
sation to crime victims (1) or, in any case, by not communi-
cating to the Commission the text of those provisions, the
Italian Republic has failed to fulfil its obligations under that
Directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
transposition of Directive
the
2004/80/EC into national law expired on 1 January 2006, with
the exception of Article 12(2) of that Directive, in respect of
which the date of compliance was 1 July 2005.

(1) OJ L 261, 6.8.2004, p. 15.

Appeal brought on 27 February 2007 by Selex Sistemi
Integrati S.p.A.
judgment delivered on
the
12 December 2006 in Case T-155/04 Selex Sistemi Integrati
S.p.A. v Commission of the European Communities

against

(Case C-113/07 P)

(2007/C 117/08)

Language of the case: Italian

Parties

Appellant: Selex Sistemi Integrati S.p.A. (represented by: F. Sciau-
done, R. Sciaudone and D. Fioretti, avvocati)

Other parties to the proceedings: Commission of the European
Communities, Eurocontrol — European Organisation for the
Safety of Air Navigation

Forms of order sought

The appellant claims that the Court should:

— set aside the judgment of the Court of First Instance of the
European Communities
of 12 December 2006 in
Case T-155/04 and refer the case back to that Court for a
ruling on the merits in the light of guidance provided by the
Court of Justice;

— order the Commission to pay the costs of

the present
proceedings, and those of the proceedings in Case T-155/04.

Pleas in law and main arguments

In support of the forms of order sought, the appellant alleges a
number of errors in law in relation both to the procedure and
to the merits.

Errors in law in relation to the procedure

By way of errors in law on the part of the Court of First
Instance in relation to the procedure, the appellant alleges:

— infringement of Article 116(6) of the Rules of Procedure of
the Court of First Instance, in so far as that Court authorised
communication of
and
the pleadings
permitted the latter to lodge written pleadings;

to Eurocontrol

— infringement of Article 48(2) of the Rules of Procedure of
the Court of First Instance, in so far as the facts on the basis
of which the new pleas adduced by the appellant were ruled
inadmissible were distorted;

— infringement of Article 48(2) of the Rules of Procedure of
the Court of First Instance, in so far as the Commission's
conduct vis-à-vis the facts on the basis of which the new
pleas adduced by the appellant were ruled inadmissible was
not taken into consideration;