Case C-342/05: Judgment of the Court (Second Chamber) of 14 June 2007 — Commission of the European Communities v Republic of Finland (Failure of a Member State to fulfil its obligations — Directive 92/43/EEC — Conservation of natural habitats — Wild fauna and flora — Wolf hunting)
Date: 2007-08-04
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, environmental law, hunting regulations, protection of animal life, wild mammal

4.8.2007

EN

Official Journal of the European Union

C 183/5

2) Article 12(1) of Directive 89/104 must be interpreted as meaning
that obstacles having a direct relationship with a trade mark which
make its use impossible or unreasonable and which are independent
of the will of the proprietor of that mark constitute ‘proper reasons
for non-use’ of the mark. It is for the national court or tribunal to
assess the facts in the main proceedings in the light of
that
guidance.

(1) OJ C 193, 16.8.2006.

Operative part of the judgment

1. Heading GC 020 of

the green list of wastes in Annex II to
Council Regulation (EEC) No 259/93 of 1 February 1993 on the
supervision and control of shipments of waste within, into and out
of the European Community, as amended by Commission Regu-
lation (EC) No 2557/2001 of 28 December 2001, is to be inter-
preted as covering wire cable only if such wire comes from electronic
equipment.

Judgment of the Court (First Chamber) of 21 June 2007
(reference for a preliminary ruling from the Rechtbank te
Rotterdam, Netherlands) — Criminal proceedings against
Omni Metal Service

(Case C-259/05) (1)

(Regulation (EEC) No 259/93 — Waste — Cables composed
of copper and PVC — Export to China for purposes of
recovery — Heading GC 020 — Mixed waste — Combination
of two materials mentioned in the green list of wastes — Such
mixed waste not included on the green list — Consequences)

(2007/C 183/07)

Language of the case: Dutch

Referring court

Rechtbank te Rotterdam

2. Regulation No

by

amended

259/93,

Regulation
as
No 2557/2001, is to be construed in such a way that the fact
that composite waste is a combination of two materials both of
which are mentioned in the green list of wastes in Annex II to that
regulation does not have the effect of making the rules laid down
by that regulation concerning the wastes mentioned on that list
applicable to such composite waste.

(1) OJ C 243, 1.10.2005.

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

(Case C-342/05) (1)

(Failure of a Member State to fulfil its obligations — Directive
92/43/EEC — Conservation of natural habitats — Wild
fauna and flora — Wolf hunting)

(2007/C 183/08)

Language of the case: Finnish

Party in the criminal prosecution in the main proceedings

Parties

Omni Metal Service

Re:

Reference for a preliminary ruling — Rechtbank Rotterdam —
Interpretation of Council Regulation (EEC) No 259/93 of
1 February 1993 on the supervision and control of shipments
of waste within,
into and out of the European Community
(OJ 1993 L 30, p. 1) — Whether cable scrap with a diameter of
15 cm and composed of different materials may be classified as
electronic scrap within the meaning of heading GC 020 of the
green list
is
possible to transport such waste without the notification proce-
dure or without the need to transport it separately

to that regulation — Whether it

in Annex II

Applicant: Commission of the European Communities (repre-
sented by: M. van Beek and I. Koskinen, Agents)

Defendant: Republic of Finland (represented by: E. Bygglin,
Agent)

Re:

Failure of a Member State to fulfil its obligations — Infringe-
and 16(1) of Council Directive
ment of Articles 12(1)
92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (OJ 1992 L 206, p. 7) —
Hunting of wolves

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