Case C-80/06: Judgment of the Court (Third Chamber) of 7 June 2007 (reference for a preliminary ruling from the Tribunale ordinario di Novara — Italy) — Carp Snc di L. Moleri e V. Corsi, Associazione Nazionale Artigiani Legno e Arredamenti v Ecorad Srl (Directive 89/106/EC — Construction products — Procedure for attestation of conformity — Commission Decision 1999/93/EC — Horizontal direct effect — No such effect)
Date: 2007-07-21
Institutions: Court of Justice
Subjects: Community certification, building industry, interpretation of the law, joinery, production control, quality label, safety standard, technical standard

21.7.2007

EN

Official Journal of the European Union

C 170/7

Operative part of the judgment

The Court:

of Regulation No 17/62 — Breach of the principles of equality
and legal certainty

1. Declares that, by not applying to citizens of the Union Council
Directive 64/221/EEC of 25 February 1964 on the co-ordination
of special measures concerning the movement and residence of
foreign nationals which are justified on grounds of public policy,
public security or public health, but by applying to them general
legislation relating to foreign nationals which makes it possible to
establish a systematic and automatic connection between a criminal
conviction and a measure ordering expulsion, the Kingdom of the
Netherlands has failed to fulfil its obligations under that directive;

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Britannia Alloys & Chemicals Ltd to pay the costs.

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

(1) OJ C 108, 6.5.2006.

(1) OJ C 96, 22.4.2006.

Judgment of the Court (Fourth Chamber) of 7 June 2007 —
Britannia Alloys & Chemicals Ltd v Commission of the
European Communities

(Case C-76/06 P) (1)

(Appeals — Competition — Agreements, decisions and
concerted practices — Fines — ‘Preceding business year’ for
determining the turnover on which the calculation of the fine
is based)

(2007/C 170/11)

Judgment of the Court (Third Chamber) of 7 June 2007
(reference for a preliminary ruling from the Tribunale ordi-
nario di Novara — Italy) — Carp Snc di L. Moleri e
V. Corsi, Associazione Nazionale Artigiani Legno e
Arredamenti v Ecorad Srl

(Case C-80/06) (1)

(Directive 89/106/EC — Construction products — Procedure
conformity — Commission Decision
for attestation of

1999/93/EC — Horizontal direct effect — No such effect)

(2007/C 170/12)

Language of the case: Italian

Language of the case: English

Referring court

Parties

Tribunale ordinario di Novara

Parties to the main proceedings

Appellant: Britannia Alloys & Chemicals Ltd (represented by:
S. Mobley and M. Commons, solicitors)

Applicant: Carp Snc di L. Moleri e V. Corsi, Associazione Nazio-
nale Artigiani Legno e Arredamenti

Other party to the proceedings: Commission of
Communities (represented by: F. Castillo de la Torre, Agent)

the European

Defendant: Ecorad Srl

Re:

Re:

of

against

brought

judgment

the Court
the
Appeal
of First Instance (Fifth Chamber) of 29 November 2005 in Case
T-33/02 Britannia Alloys and Chemicals Ltd v Commission of the
European Communities, dismissing as unfounded an application
for partial annulment of Commission Decision C(2001)4237
final of 11 December 2001 relating to a proceeding under
Article 81 of the EC Treaty (Case COMP/E-1/37.027 — Zinc
phosphate) or, in the alternative, reduction of the amount of the
fine imposed on the applicant — Infringement of Article 15(2)

Reference for a preliminary ruling — Tribunale ordinario di
Novara — Interpretation of Articles 2 and 3 of Commission
Decision 1999/93/EC of 25 January 1999 on the procedure for
attesting the conformity of construction products pursuant to
Article 20(2) of Council Directive 89/106/EEC as regards doors,
windows, shutters, blinds, gates and related building hardware
(OJ 1999 L 29, p. 51), and of Annexes II and III thereto —
Manufacture of doors fitted with panic bars by fitters who have
not complied with the attestation procedure laid down by the
decision — Exclusion?

C 170/8

EN

Official Journal of the European Union

21.7.2007

Operative part of the judgment

Operative part of the judgment

the

An individual cannot rely, in the context of legal proceedings against
another individual concerning contractual liability, on the infringement
by
latter of Articles 2 and 3 of Commission Decision
1999/93/EC of 25 January 1999 on the procedure for attesting the
conformity of construction products pursuant
to Article 20(2) of
Council Directive 89/106/EEC as regards doors, windows, shutters,
blinds, gates and related building hardware, and of Annexes II and III
thereto.

Article 7(2) of Council Regulation (EEC) No 3950/92 of 28 December
1992 establishing an additional levy in the milk and milk products
sector, as amended by Council Regulation (EC) No 1256/1999 of
17 May 1999, is to be interpreted as meaning that, on the expiry of
a rural lease on a milk production holding, the attached reference quan-
tity can revert to the lessor in so far as that lessor, not being a producer
himself and having no intention to become one, transfers the reference
quantity as soon as possible through a State sales office to a third
party who has that status.

(1) OJ C 131, 3.6.2006.

(1) OJ C 96, 22.4.2006.

Judgment of the Court (Fifth Chamber) of 7 June 2007
(reference for a preliminary ruling from the Bundesverwal-
(Germany)) — Manfred
v
tungsgericht
Landwirtschaftskammer Niedersachsen

Otten

Order of the Court (Fourth Chamber) of 10 May 2007
from the
preliminary
(reference
Regeringsrätten — Sweden) — Skatteverket v A and B

ruling

for

a

(Case C-278/06) (1)

(Case C-102/05) (1)

(Council Regulation (EEC) No 3950/92, as amended by
Council Regulation (EC) No 1256/1999 — Article 7(2) —
Expiry of a rural lease — Temporary acquisition of a reference
quantity by a lessor who is not, and does not intend to
become, a milk producer — Transfer of the reference quantity,
through the State sales office to a
as soon as possible,

producer)

(2007/C 170/13)

Language of the case: German

(First subparagraph of Article 104(3) of the Rules of Proce-
dure — Free movement of capital — Freedom of establishment
— Taxation — Dividends paid in respect of shares distributed
by a ‘close company’ — ‘Wage rules’ — Taxation of those
dividends as income from assets — Calculation of a flat-rate
yield — Percentage of capital invested and fraction of salaries
— Branch established in a third country — Failure to take
into account employees' wages at this branch)

(2007/C 170/14)

Language of the case: Swedish

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Manfred Otten

Defendant: Landwirtschaftskammer Niedersachsen

Referring court

Regeringsrätten

Parties

Applicant: Skatteverket

Defendant: A and B

Re:

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht
— Interpretation of Article 7(2) of Council Regulation (EEC)
No 3950/92 of 28 December 1992 establishing an additional
levy in the milk and milk products sector (OJ 1992 L 405,
p. 1), as amended by Council Regulation (EC) No 1256/1999 of
17 May 1999 (OJ 1999 L 160, p. 73) — Transfer of a reference
quantity on the expiry of a rural lease on a dairy holding to the
lessor who is not a producer himself

Reference for a preliminary ruling — Regeringsrätten — Inter-
pretation of Articles 56 EC and 58 EC — Taxation of dividends
paid by small public limited companies — Tax allowance corres-
ponding to a notional return on capital invested which takes
account of salaries paid by the company and its subsidiaries or
branches in so far as those salaries are taxable in Sweden —
Taking into account of salaries paid by a branch in a non-
member State