Case C-50/06: Judgment of the Court (Third Chamber) of 7 June 2007 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Citizenship of the Union — Freedom of movement for nationals of the Member States — Directive 64/221/EEC — Public policy — National legislation concerning expulsion — Criminal conviction — Expulsion)
Date: 2007-07-21
Institutions: Court of Justice
Subjects: EU national, European Commission, Netherlands, action for failure to fulfil an obligation, admission of aliens, public order, public safety

C 170/6

EN

Official Journal of the European Union

21.7.2007

Operative part of the judgment

Operative part of the judgment

of Thirteenth Council Directive 86/560/EEC of
Article 2(2)
17 November 1986 on the harmonisation of the laws of the Member
States relating to turnover taxes — Arrangements for the refund of
value added tax to taxable persons not established in Community terri-
tory must be interpreted as meaning that the ‘third States’ referred to
in that provision include all third States and that that provision is
without prejudice to the ability and the responsibility of the Member
States to comply with their obligations under international agreements
such as the General Agreement on Trade in Services.

The Court hereby:

1. Dismisses the main appeal and the cross-appeal.

2. Orders Mr Wunenburger to pay the costs of the main appeal.

3. Orders the Commission of the European Communities to pay the

costs of the cross-appeal.

(1) OJ C 315 of 10.12.2005.

(1) OJ C 281, 12.11.2005.

Judgment of the Court (Fourth Chamber) of 7 June 2007 —
the European
Jacques Wunenburger v Commission of

Communities

(Case C-362/05 P) (1)

Judgment of the Court (Third Chamber) of 7 June 2007 —
Commission of the European Communities v Kingdom of
the Netherlands

(Case C-50/06) (1)

(Appeals — Staff cases — Promotion — Selection procedure
— Rejection of the appellant's candidature — Retirement in
the interests of the service — Obligation to state the reasons
on which the decision is based — Error of law — Cross-
in
appeal — Subject-matter of

the dispute — Interest

bringing proceedings)

(Failure of a Member State to fulfil obligations — Citizenship
of the Union — Freedom of movement for nationals of the
Member States — Directive 64/221/EEC — Public policy —
National legislation concerning expulsion — Criminal convic-
tion — Expulsion)

(2007/C 170/09)

Language of the case: French

(2007/C 170/10)

Language of the case: Dutch

Parties

Appellant:
avocat)

Jacques Wunenburger (represented by: E. Boigelot,

Other party to the proceedings: Commission of
Communities
(represented by:
Agents and V. Dehin, avocat)

the European
J. Currall and G. Berscheid,

Re:

Appeal brought against the judgment of
the Court of First
Instance (First Chamber) of 5 July 2005 in Case T-370/03
Wunenburger v Commission which dismissed the appellant's appli-
to
cation for annulment of
proceed with his candidature for the post of Director of Directo-
rate
(AIDCO.C) and appointed
another candidate to that post.

the Commission's decision not

‘Africa, Caribbean, Pacific’

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, Agents)

Defendant: Kingdom of the Netherlands (represented by: H.G.
Sevenster and M. de Grave, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement
of 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 (OJ,
English Special Edition 1963-1964, p. 117) — National legisla-
tion applying without distinction to all foreign nationals and
thus failing to take account of the special position of citizens of
the European Union — Automatic connection between a
criminal conviction and a measure a ordering expulsion.

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?