Case C-307/07: Action brought on 4 July 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-08-25
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, biology, pharmacist, recognition of diplomas, recognition of vocational training qualifications

25.8.2007

EN

Official Journal of the European Union

C 199/23

Reference for a preliminary ruling from High Court of
Justice (Chancery Division)
(United Kingdom) made on
14 June 2007 — The Commissioners of Her Majesty's
Revenue & Customs v Isle of Wight Council, Mid-Suffolk
District Council, South Tyneside Metropolitan Borough
Council, West Berkshire District Council

Parties to the main proceedings

Applicant: Galatea BVBA

Defendant: Sanoma Magazines Belgium NV

(Case C-288/07)

(2007/C 199/35)

Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings

Applicant: The Commissioners of Her Majesty's Revenue &
Customs

Defendants: Isle of Wight Council, Mid-Suffolk District Council,
South Tyneside Metropolitan Borough Council, West Berkshire
District Council

Questions referred

1. Is the expression ‘distortions of competition’ to be ascer-
tained on a public body by public body basis such that, in
the context of the present case, it should be determined by
reference to the area or areas where the particular body in
question provides off-street parking or by reference to the
totality of the national territory of the Member States?

2. What is meant by the expression ‘would lead to’? In particu-
lar, what degree of probability or level of certainty is required
for that condition to be satisfied?

3. What is meant by the word ‘significant’? In particular, does
‘significant’ mean an effect on competition that is more than
trivial or de minimis, a ‘material’ effect or an ‘exceptional’
effect?

Question referred

Do Article 49 of the EC Treaty concerning the freedom to
provide services and Directive 2005/29/EC (1) of the European
Parliament and of the Council concerning unfair commercial
practices preclude national legislation, such as Article 54 of the
Belgian Law of 14 July 1991 on trade practices and consumer
information and protection, which — except in the cases listed
exhaustively in that law — prohibits any linked offer by a
vendor to a consumer whereby the acquisition, whether or not
free of charge, of products, services, advantages or vouchers
with which they can be obtained is linked to the acquisition of
other, even identical, products or services, and this regardless of
the circumstances of the case, and especially regardless of the
influence which the specific offer may have on the average
consumer and regardless of whether that offer can be considered
in the specific circumstances to be contrary to professional dili-
gence or fair commercial practices?

(1) Directive 2005/29/EC of

the European Parliament and of

the
Council of 11 may 2005 concerning unfair business-to-consumer
commercial practices in the internal market and amending Council
Directive
and
2002/65/EC of the European Parliament and of the Council and
Regulation No 2006/2004 of the European Parliament and of the
Council (OJ 2005 L 149, p. 22).

84/450/EEC, Directives

98/27/EC

97/7/EC,

Action brought on 4 July 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-307/07)

(2007/C 199/37)

Language of the case: Portuguese

Parties

Reference for a preliminary ruling from the Rechtbank van
koophandel te Antwerpen (Belgium) lodged on 27 June
2007 — Galatea BVBA v Sanoma Magazines Belgium NV

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and P. Andrade, Agents)

(Case C-299/07)

(2007/C 199/36)

Language of the case: Dutch

Referring court

Defendant: Portuguese Republic

Form of order sought

— Declare that the Portuguese Republic, by failing to recognise
diplomas which give access to the profession of pharmacist
specialising in medical biology, has failed in relation to that
under Directive
to
profession
89/48/EEC (1).

obligations

fulfil

its

Rechtbank van koophandel te Antwerpen

— Order the Portuguese Republic to pay the costs.

C 199/24

EN

Official Journal of the European Union

25.8.2007

Pleas in law and main arguments

The Commission considers that the professional activity of phar-
macist specialising in medical biology is a regulated profession,
within the scope of Directive 89/48. The Portuguese transposing
legislation is restricted in its application to those professions
which are specified in a list. Since the profession of pharmacist
specialising in medical biology is not specified in that list, the
Portuguese Republic has failed to fulfil all of its obligations
under Directive 89/48.

also to Portuguese citizens resident in other areas of Portugal.
The concept of discrimination covers not only manifest discri-
mination on grounds of nationality, but also all measures which
by applying other differentiating criteria lead in fact to the same
result.

The Commission submits that the argument of the Portuguese
authorities, that if the candidate has a connection to the Auto-
nomous Region of the Azores the candidate may be thought
inclined to remain in the region, cannot be considered an objec-
tive factor which justifies the restriction in question on the
appointment of candidates in external competitions.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded on
completion of professional education and training of at least three
years' duration (OJ 1989, L 19, p. 16).

(1) OJ, English Special Edition 1968 (II), p. 475.

Action brought on 6 July 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-314/07)

(2007/C 199/38)

Language of the case: Portuguese

Order of the President of the Court of 13 June 2007 —
Commission of the European Communities v Kingdom of
Spain

(Case C-172/06) (1)

(2007/C 199/39)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and P. Costa de Oliveira, Agents)

The President of
removed from the register.

the Court has ordered that

the case be

Defendant: Portuguese Republic

Form of order sought

— Declare that the Portuguese Republic has failed to fulfil its
obligations under Article 39 EC and Article 3(1) of Regu-
lation (EEC) No 1612/68 of the Council (1) on freedom of
movement for workers within the Community by providing
that for the purposes of determining the ranking of candi-
dates in external competitions for teaching staff
in the
Autonomous Region of the Azores priority is to be given to
candidates who fall under Article 25(7)(a) of the Regula-
mento de Concurso (Competition regulation) adopted by
Decreto Legislativo Regional
(Regional Legislative Decree)
No 27/2003/A of 9 June 2003;

— Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

to determine the ranking of

The criteria for priority laid down in Article 25(7) of
the
Regional Legislative Decree No 27/2003/A of 9 June 2003 in
order
to be
appointed to posts in schools and teaching establishments in the
Autonomous Region of the Azores for a period of not less than
3 years constitute discrimination on grounds of nationality,
contrary to the provisions of Community law on freedom of
movement for workers, irrespective of the fact that they apply

the candidates

(1) OJ C 131, 3.6.2006.

the President of

Order of
the Court of 5 June 2007
(reference for a preliminary ruling from the Court of
Appeal — United Kingdom ) — British Telecommu-
nications plc, The Queen v The Commissioners of
Her Majesty's Revenue and Customs

(Case C-185/06) (1)

(2007/C 199/40)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 154, 1.7.2006.