Case C-391/04: Judgment of the Court (Third Chamber) of 10 May 2007 (reference for a preliminary ruling from the Simvoulio tis Epikratias (Greece)) — Ipourgos Ikonomikon, Proistamenos DOI Amfissas v Charilaos Georgakis (Directive 89/592/EEC — Insider dealing — Meaning of inside information and taking advantage of inside information — Stock-market transactions agreed on in advance and carried out within a group of persons capable of being insider dealers — Artificial increase in the price of transferable securities disposed of)
Date: 2007-06-23
Institutions: Court of Justice
Subjects: approximation of laws, insider trading, interpretation of the law, securities

C 140/2

EN

Official Journal of the European Union

23.6.2007

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Third Chamber) of 10 May 2007
(reference for a preliminary ruling from the Simvoulio tis
Epikratias (Greece)) — Ipourgos Ikonomikon, Proistamenos
DOI Amfissas v Charilaos Georgakis

stock-market transactions in the transferable securities of that company
in order to support artificially the price of those securities, they are in
possession of inside information of which they do not take advantage
with full knowledge of the facts when they carry out those transactions.

(Case C-391/04) (1)

(Directive 89/592/EEC — Insider dealing — Meaning of
‘inside information’ and ‘taking advantage of inside informa-
tion’ — Stock-market transactions agreed on in advance and
carried out within a group of persons capable of being insider
dealers — Artificial increase in the price of transferable secu-
rities disposed of)

(1) OJ C 273, 06.11.2004.

(2007/C 140/02)

Language of the case: Greek

Judgment of the Court (Fourth Chamber) of 10 May 2007
— Commission of the European Communities v Republic
of Austria

Referring court

Simvoulio tis Epikratias (Council of State) (Greece)

Parties to the main proceedings

Applicant: Ipourgos Ikonomikon (Greek Minister for Economic
Affairs),
authority of
Amphissa)

Proistamenos DOI Amfissas

(Tax

(Case C-508/04) (1)

(Failure of a Member State to fulfil obligations — Directive
92/43/EEC — Conservation of natural habitats and of wild
fauna and flora — Measures transposing the directive)

(2007/C 140/03)

Language of the case: German

Defendant: Charilaos Georgakis

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias —
Interpretation of Articles 1 to 4 of Council Directive
89/592/EEC of 13 November 1989 coordinating regulations on
insider dealing (OJ 1989 L 334, p. 30) — Concept of possessing
and making use of inside information

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and B. Schima, acting as Agents, and by
M. Lang, avocat)

Defendant: Republic of Austria (represented by E. Riedl and H.
Dossi, acting as Agents)

Operative part of the judgment

Re:

Articles 1 and 2 of Council Directive 89/592/EEC of 13 November
1989 coordinating regulations on insider dealing must be interpreted
as meaning that, when the main shareholders and members of the
board of directors of a company agree to effect between themselves

Failure of a Member State to fulfil its obligations — Incomplete
and incorrect transposition of Council Directive 92/43/EEC of
21 May 1992 on the conservation of natural habitats and of
wild fauna and flora (OJ 1992 L 206, p. 7)