Case C-422/05: Judgment of the Court (Third Chamber) of 14 June 2007 — Commission of the European Communities v Kingdom of Belgium (Failure of a Member State to fulfil obligations — Directive 2002/30/EC — Air transport — Noise-related operating restrictions at Community airports — Adoption by a Member State of a measure liable seriously to compromise the result prescribed by the directive during the transposition period)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, aircraft, airport, noise protection

4.8.2007

EN

Official Journal of the European Union

C 183/7

Operative part of the judgment

Re:

1. In the case of a State such as the Portuguese Republic, which
acceded to the European Communities with effect from 1 January
1986, in the absence of derogating provisions in the Act of Acces-
sion of that State or in another Community document, Article 7(1)
of Council Directive 69/335/EEC of 17 July 1969 concerning
indirect taxes on the raising of capital, as amended by Council
Directive 85/303/EEC of 10 June 1985, must be interpreted to
mean that the mandatory exemption for which it provides applies
to all transactions falling within the scope of Directive 69/335
which, on 1 July 1984, were exempted, in that State, from capital
duty or which were subject
to that duty at a reduced rate of
0.50 % or less.

2. In the case of a State such as the Portuguese Republic, which
acceded to the European Communities with effect from 1 January
1986, Articles 7(1) and 10 of Directive 69/335, as amended by
Directive 85/303, prohibit
introduction, after 1 January
the
1986, of stamp duty on a transaction increasing share capital
falling within the scope of Directive 69/335 which, on 1 July
1984, was exempted from that duty under national law.

(1) OJ C 330, 24.12.2005.

Judgment of the Court (Third Chamber) of 14 June 2007 —
Commission of the European Communities v Kingdom of
Belgium

(Case C-422/05) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/30/EC — Air transport — Noise-related operating
restrictions at Community airports — Adoption by a Member
State of a measure liable seriously to compromise the result
prescribed by the directive during the transposition period)

(2007/C 183/11)

Language of the case: French

Failure of a Member State to fulfil obligations — Breach of the
second paragraph of Article 10 EC and the third paragraph of
Article 249 EC — Measures taken by a Member State during
the period laid down for
implementation of Directive
2002/30/EC of the European Parliament and of the Council of
26 March 2002 on the establishment of rules and procedures
with regard to the introduction of noise-related operating
restrictions at Community airports (OJ 2002 L 85, p. 40) which
are liable seriously to compromise the result prescribed by the
Directive — National legislation limiting night flights of certain
types of civil subsonic jet aircraft

Operative part of the judgment

1. Declares that, by adopting the Royal Decree of 14 April 2002
regulating night flights of certain types of civil subsonic jet aero-
planes, the Kingdom of Belgium has failed to fulfil its obligations
under Directive 2002/30/EC of the European Parliament and of
the Council of 26 March 2002 on the establishment of rules and
procedures with regard to the introduction of noise-related operating
restrictions at Community airports and under the second paragraph
of Article 10 EC, read in conjunction with the third paragraph of
Article 249 EC;

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

(1) OJ C 48, 25.2.2006.

Judgment of the Court (Third Chamber) of 21 June 2007 —
the European Communities v Sonja
Commission of

Hosman-Chevalier

(Case C-424/05 P) (1)

(Appeal — Remuneration — Expatriation allowance —
Condition laid down by Article 4(1)(a) of Annex VII to the
Staff Regulations — Concept of ‘work done for another
State’)

(2007/C 183/12)

Language of the case: French

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: F. Benyon and M. Huttunen, Agents, acting as
Agents)

Appellant: Commission of the European Communities (repre-
sented by: H. Kraemer and M. Velardo, acting as Agents)

Defendant: Kingdom of Belgium (represented by: M. Wimmer
and A. Hubert, Agents)

Other party to the proceedings: Sonja Hosman-Chevalier (repre-
sented by: J.-R. García-Gallardo Gil-Fournier, A. Sayagués Torres
and D. Dominguez Pérez, abogados)