Case C-340/06: Judgment of the Court (Sixth Chamber) of 5 July 2007 — Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 2003/4/EC — Public access to environmental information — Failure to transpose within the period prescribed)
Date: 2007-08-25
Institutions: Court of Justice
Subjects: Austria, European Commission, access to information, action for failure to fulfil an obligation, dissemination of information, environmental policy, right to information

C 199/12

EN

Official Journal of the European Union

25.8.2007

Re:

Re:

Reference for a preliminary ruling — Tribunal Administrativo e
Fiscal — Interpretation of Article 16(3) of Council Directive
96/67/EC of 15 October 1996 on access to the groundhandling
market at Community airports (OJ 1996 L 272, p. 36) —
Access to the groundhandling market at Community airports —
Levying of a fee for access to the market in ground administra-
tive assistance and supervision services

Failure of Member State to fulfil obligations — Failure to take,
within the period prescribed the measures necessary to comply
with Directive 2002/14/EC of the European Parliament and of
the Council of 11 March 2002 establishing a general framework
for informing and consulting employees in the European Com-
munity — Joint declaration of the European Parliament, the
Council and the Commission on employee representation
(OJ 2002 L 80, p. 29)

Operative part of the judgment

Community law precludes rules of national law such as those provided
for by Article 10(1) of Decree No 12/99 of 30 July 1999, and
Article 18(2) of Decree-Law No 120/90 of 21 March 1990, as
amended by Decree-Law No 280/99 of 26 July 1999, unless the fee
for ground administration and supervision provided for by that legisla-
tion is payable as the consideration for some or all of the services
defined in paragraph 1 of the Annex to Council Directive 96/67/EC
of 15 October 1996 on access to the groundhandling market at Com-
munity airports and does not constitute a second charge for services
already paid for through another fee or tax. If the examination carried
out by the referring court discloses that the fee at issue in the main
proceedings constitutes a fee for access to the airport installations, it is
a matter for that court to ascertain whether the fee at issue meets the
criteria of relevance, objectivity, transparency and non-discrimination as
specified in Article 16(3) of Directive 96/67.

(1) OJ C 154, 1.7.2006.

Judgment of the Court (Seventh Chamber) of 5 July 2007
— Commission of the European Communities v Kingdom
of Spain

(Case C-317/06) (1)

Operative part of the judgment

The Court:

1. Declares that, by not having adopted, within the period prescribed,
regulations and administrative measures necessary to
the laws,
comply with Directive 2002/14/EC of the European Parliament
and of
the Council of 11 March 2002 establishing a general
framework for informing and consulting employees in the European
Community, the Kingdom of Spain has failed to fulfil its obliga-
tions under that directive;

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

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Sixth Chamber) of 5 July 2007 —
Commission of the European Communities v Republic of
Austria

(Case C-340/06) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/4/EC — Public access to environmental information —
Failure to transpose within the period prescribed)

(2007/C 199/20)

Language of the case: German

(Failure of Member State to fulfil obligations — Directive
2002/14/EC — Informing and consulting employees in the
European Community — Failure to transpose within the
period prescribed)

Parties

(2007/C 199/19)

Language of the case: Spanish

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker, acting as Agent)

Defendant: Republic of Austria (represented by: E. Riedl, acting
as Agent)

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: J. Enegren and R. Vidal Puig, acting as Agents)

Defendant: Kingdom of Spain (represented by: M. A. Sampoll
Pucurull, agent)

Failure of a Member State to fulfil obligations — Failure to have
adopted within the period prescribed all the provisions neces-
sary to transpose Directive 2003/4/EC of the European Parlia-
ment and of the Council of 28 January 2003 on public access
to environmental information and repealing Council Directive
90/313/EEC (OJ 2003 L 41, p. 26)

25.8.2007

EN

Official Journal of the European Union

C 199/13

Operative part of the judgment

2. Orders the Portuguese Republic to pay the costs.

The Court:

1. By not adopting within the period prescribed all the laws, regula-
tions and administrative provisions necessary to transpose Directive
2003/4/EC of the European Parliament and of the Council of
28 January 2003 on public access to environmental information
the Republic of
and repealing Council Directive 90/313/EEC,
Austria has failed to fulfil its obligations under that directive.

2. Order the Republic of Austria to pay the costs.

(1) OJ C 249, 14.10.2006.

Judgment of the Court (Seventh Chamber) of 28 June 2007
v
— Commission

European Communities

the

of
Portuguese Republic

(Case C-410/06) (1)

(Failure of Member State to fulfil obligations — Directive
2002/15/EC — Organisation of the working time of persons
performing mobile road transport activities — Failure to
transpose within the period prescribed)

Parties

(1) OJ C 294, 2.12.2006.

Order of the Court of 15 May 2007 — Ricosmos BV v
Commission of the European Communities

(Case C-420/05 P) (1)

(Appeal — Customs code — External Community transit
operation — Remission of import duties — Conditions —
Compliance with time-limits — Compliance with the rights of
the defence — Principle of proportionality — Notion of mani-
fest negligence — Appeal manifestly inadmissible in part and
manifestly unfounded in part)

(2007/C 199/22)

Language of the case: Dutch

(2007/C 199/21)

Applicant: Ricosmos BV (represented by: J.H. Peek, advocaat)

Language of the case: Portuguese

the European
Other party to the proceedings: Commission of
Communities (represented by: B. Stromsky and M. van Beek,
acting as Agents)

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and G. Braga da Cruz, acting as agents)

Re:

Defendant(s): Portuguese Republic (represented by: L. Fernandes
and F. Ribeiro agents)

Re:

Failure of Member State to fulfil obligations — Failure to take
within the prescribed period the necessary measures to comply
with Directive 2002/15/EC of the European Parliament and of
the Council of 11 March 2002 on the organisation of
the
working time of persons performing mobile road transport
activities (OJ 2002 L 80, p. 35)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt within the period prescribed all
the laws regulations and administrative provisions necessary to
comply with Directive 2002/15/EC of the European Parliament
and of the Council of 11 March 2002 on the organisation of the
working time of persons performing mobile road transport activities,
the Portuguese Republic has failed to fulfil
its obligations under
that directive;

Appeal brought against the judgment of
the Court of First
Instance (First Chamber) of 13 September 2005 in Case
T-53/02 Ricosmos v Commission, by which the Court of First
Instance dismissed the application for annulment of Commis-
sion Decision REM 09/00 of 16 November 2001 informing the
Netherlands authorities that there were no grounds for remis-
sion of import duties in respect of a consignment of cigarettes
fraud
intended for the Czech Republic on the ground that
committed by third parties in the course of an external Com-
munity transit operation does not constitute a special situation
justifying remission of the import duties

Operative part of the order

1. The appeal is dismissed.

2. Ricosmos BV is ordered to pay the costs.

(1) OJ C 48, 25.2.2006.