Case C-64/06: Judgment of the Court (Second Chamber) of 14 June 2007 (reference for a preliminary ruling from the Obvodní soud pro Prahu 3 — Czech Republic) — Telefónica O2 Czech Republic as, formerly Český Telecom as v Czech On Line as (Electronic communications — Networks and services — Common regulatory framework — Dominant undertaking — Obligation of interconnection with other operators — Transitional provisions — Directive 97/33)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: competition law, interpretation of the law, national implementing measure, regulation of telecommunications, telecommunications industry

4.8.2007

EN

Official Journal of the European Union

C 183/11

Judgment of the Court (First Chamber) of 14 June 2007
(Reference for a preliminary ruling from the Finanzgericht
Düsseldorf, Germany) — Euro Tex Textilverwertung
GmbH v Hauptzollamt Duisburg

matching operations such as those described in the order for reference
are covered by the concept of simple operations of matching for the
purposes of that provision.

(Case C-56/06) (1)

(1) OJ C 86, 8.4.2006.

(Association between the European Communities and their
Member States and the Republic of Poland — Concept of
‘originating products’ — Used clothing)

(2007/C 183/17)

Language of the case: German

Referring court

Finanzgericht Düsseldorf

Parties to the main proceedings

Applicant: Euro Tex Textilverwertung GmbH

Judgment of the Court (Second Chamber) of 14 June 2007
(reference for a preliminary ruling from the Obvodní soud
pro Prahu 3 — Czech Republic) — Telefónica O2 Czech
Republic as, formerly Český Telecom as v Czech On Line as

(Case C-64/06) (1)

(Electronic communications — Networks and services —
Common regulatory framework — Dominant undertaking —
Obligation of interconnection with other operators — Transi-
tional provisions — Directive 97/33)

(2007/C 183/18)

Language of the case: Czech

Defendant: Hauptzollamt Duisburg

Referring court

Re:

the concept of

Reference for a preliminary ruling — Finanzgericht Düsseldorf
— Interpretation of Article 7(1)(b) of Protocol 4 to the Europe
Agreement establishing an association between the European
Communities and their Member States, of the one part, and the
Republic of Poland, of the other part — Protocol 4 concerning
‘originating products’ and
the definition of
methods of administrative cooperation (OJ 1993 L 348, p. 2),
as amended by Decision No 1/97 of the Association Council,
Association between the European Communities and their
Member States, of the one part, and the Republic of Poland, of
the other part, of 30 June 1997 (OJ 1997 L 221, p. 1) —
Concept of
the
origin of used items of clothing which have been separated and
sorted within the Community

‘originating products’ — Determination of

Operative part of the judgment

Since Article 7(1)(b) of Protocol 4 to the Europe Agreement estab-
lishing an association between the European Communities and their
Member States, of the one part, and the Republic of Poland, of the
other part, as amended by Decision No 1/97 of
the Association
Council, Association between the European Communities and their
Member States, of the one part, and the Republic of Poland, of the
other part, of 30 June 1997 does not make it possible to draw a
distinction between simple and more complex matching operations,

Obvodní soud pro Prahu 3 — Czech Republic

Parties to the main proceedings

Applicant: Telefónica O2 Czech Republic as,
Telecom as

formerly Český

Defendant: Czech On Line as

Re:

of

provisions

Preliminary ruling — Obvodní soud pro Prahu 3 (Czech
Republic) — Interpretation
of Directive
2002/19/EC of the European Parliament and of the Council of
7 March 2002 on access to, and interconnection of, electronic
communications networks and associated facilities
(Access
Directive) (OJ 2002 L 108, p. 7) and Directive 2002/21/EC of
the European Parliament and of the Council of 7 March 2002
on a common regulatory framework for electronic communica-
tions networks and services (Framework Directive)
(OJ 2002
L 108, p. 33) — Obligation imposed by the national regulatory
authority on an undertaking with significant power in the tele-
communications market to conclude a contract with another
following an
operator on the interconnection of networks,
administrative procedure which took place for the most part
before accession to the EU and was not preceded by a market
analysis procedure

C 183/12

EN

Official Journal of the European Union

4.8.2007

Operative part of the judgment

Operative part of the judgment

the

(the

accordance with

the European Parliament and of

communications networks and services

In
provisions
transitional
of Directive
the Council of
the European Parliament and of
2002/19/EC of
7 March 2002 on access to, and interconnection of, electronic commu-
nications networks and associated facilities, the ‘Access Directive’) and
of Directive 2002/21/EC of
the
Council of 7 March 2002 on a common regulatory framework for
electronic
‘Framework
Directive’), the Český telekomunikační úřad [Czech telecommunications
regulatory authority] was entitled to consider the obligation, on the
part of a telecommunications company with significant market power
within the meaning of Directive 97/33/EC of the European Parliament
and of the Council of 30 June 1997 on interconnection in telecommu-
nications with regard to ensuring universal service and interoperability
through application of
the principles of Open Network Provision
(ONP), as amended by Directive 98/61/EC of the European Parlia-
to conclude a
the Council of 24 September 1998,
ment and of
contract for the interconnection of its networks with that of another
operator, subsequent to 1 May 2004, within the context of the provi-
sions of Directive 97/33, as amended.

(1) OJ C 121, 20.5.2006.

Judgment of the Court (Eighth Chamber) of 14 June 2007
— Commission of the European Communities v Italian
Republic

(Case C-82/06) (1)

The Court:

1. Declares that, by failing to draw up:

— a waste management plan in accordance with Article 7(1) of
Council Directive 75/442/EEC of 15 July 1975 on waste, as
amended by Council Directive 91/156/EEC of 18 March
1991, for the Province of Rimini;

— waste management plans including suitable sites or installa-
tions for the disposal of waste in accordance with the fourth
indent of Article 7(1) of Directive 75/442, as amended by
Directive 91/156, for the Region of Lazio;

— waste management plans in accordance with Article 6 of
Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste for the Regions of Friuli Venezia-Giulia and
Puglia, the Autonomous Province of Bolzano Alto-Adige and
the Province of Rimini,

the Italian Republic has failed to fulfil its obligations under those
directives;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 86, 8.4.2006.

(Failure of a Member State to fulfil its obligations — Environ-
ment — Waste — Hazardous waste — Directives
75/442/EEC and 91/689/EEC — Obligation to draw up and
communicate waste management plans)

Judgment of the Court (First Chamber) of 21 June 2007
(reference for a preliminary ruling from the College van
Beroep voor het bedrijfsleven — Netherlands) — Stichting
ROM-projecten v Staatssecretaris van Economische Zaken

(2007/C 183/19)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and M. Konstantinidis, Agents)

Defendant: Italian Republic (represented by: I. Braguglia and G.
Fiengo, Agents)

Re:

(Case C-158/06) (1)

(Structural funds — Repayment of Community aid in the case
of irregularity — Failure to publish or make known the condi-
tions of grant of the aid — Beneficiary's lack of knowledge —
Good faith — Legal certainty — Effectiveness — Article 10
EC)

(2007/C 183/20)

Language of the case: Dutch

Referring court

College van Beroep voor het bedrijfsleven

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 7 of Council Directive 75/442/EEC of 15 July
1975 on waste (OJ 1975 L 194, p. 47), as amended by Council
Directive 91/156/EEC of 18 March 1991 (OJ 1991 L 78, p. 32),
and Article 6 of Council Directive 91/689/EEC of 12 December
1991 on hazardous waste (OJ 1991 L 377, p. 20) — Obligation
to communicate waste management plans

Parties to the main proceedings

Applicant: Stichting ROM-projecten

Defendant: Staatssecretaris van Economische Zaken