Case C-358/05: Judgment of the Court (Eighth Chamber) of 21 June 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2003/54/EC — Internal market in electricity — Failure to transpose within the period prescribed)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, electrical industry, liberalisation of the market, single market

C 183/6

EN

Official Journal of the European Union

4.8.2007

Operative part of the judgment

The Court:

1. Declares that, by authorising wolf hunting on a preventive basis,
without it being established that the hunting is such as to prevent
serious damage within the meaning of Article 16(1)(b) of Council
Directive 92/43/EEC of 21 May 1992 on the conservation of
natural habitats and of wild fauna and flora,
the Republic of
Finland has failed to fulfil its obligations under Articles 12(1) and
16(1)(b) of that directive;

2. Dismisses the action as to the remainder;

3. Orders the Commission of

the European Communities and the

Republic of Finland to bear their own costs.

(1) OJ C 281, 12.11.2005.

Judgment of the Court (Eighth Chamber) of 21 June 2007
— Commission of the European Communities v Kingdom
of Spain

(Case C-358/05) (1)

regulation and administrative provisions

1. Declares that, by failing to adopt, within the period prescribed, the
to comply with
laws,
Directive 2003/54/EC of
the
Council of 26 June 2003 concerning common rules for the internal
market
the
Kingdom of Spain has failed to fulfil
its obligations under that
directive;

in electricity and repealing Directive 96/92/EC,

the European Parliament and of

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

(1) OJ C 296, 26.11.2005.

Judgment of the Court (Fourth Chamber) of 21 June 2007
(reference for a preliminary ruling from the Supremo
Tribunal Administrativo — Portugal) — Optimus —
Telecomunicações SA v Fazenda Pública

(Case C-366/05) (1)

taxes on the

(Indirect
capital — Directive
69/335/EEC, as amended by Directive 85/303/EEC —
Article 7(1) — Capital duty — Exemption — Conditions —
Situation as at 1 July 1984)

raising of

(Failure of a Member State to fulfil obligations — Directive
2003/54/EC — Internal market in electricity — Failure to
transpose within the period prescribed)

(2007/C 183/10)

Language of the case: Portuguese

(2007/C 183/09)

Language of the case: Spanish

Referring court

Parties

Supremo Tribunal Administrativo

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and S. Pardo Quintillán, acting as Agents)

Parties to the main proceedings

Defendants: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Directive 2003/54/EC of the European Parliament
and of the Council of 26 June 2003 concerning common rules
for the internal market in electricity and repealing Directive
96/92/EC — Statements made with regard to decommissioning
and waste management activities (OJ 2003 L 176, p. 37)

Operative part of the judgment

The Court:

Applicant: Optimus — Telecomunicações SA

Defendant: Fazenda Pública

Intervener: Ministério Público

Re:

taxes on the raising of capital

Preliminary ruling — Supremo Tribunal Administrativo — Inter-
pretation of Article 4(2), Article 7(1), Article 8 and Article 10
of Council Directive 69/335/EEC of 17 July 1969 concerning
indirect
(OJ English Special
Edition 1969 II, p. 412) as amended by Council Directive
85/303/EEC of 10 June 1985 (OJ 1985 L 156, p. 23) — Stamp
duty levied on an increase of capital of a public limited
company, paid up in cash, even though as at 1 July 1984 trans-
actions of that kind were exempt from such duty