Case C-326/05 P: Judgment of the Court (Third Chamber) of 18 July 2007 — Industrias Químicas del Vallés, SA v Commission of the European Communities (Appeal — Non-inclusion of metalaxyl in Annex I to Directive 91/414/EEC — Withdrawal of authorisations for plant protection products containing that active substance — Distortion of the clear sense of the evidence — Manifest error of appraisal)
Date: 2007-10-06
Institutions: Court of Justice
Subjects: General Court (EU), appeal, chemical industry, dangerous substance, plant health legislation, plant health product

6.10.2007

EN

Official Journal of the European Union

C 235/5

4. The fact that a Member State in which a person has been sentenced
by a final and binding judgment under its national law may issue
a European arrest warrant for the arrest of that person in order to
Framework Decision
under Council
enforce
2002/584/JHA of 13 June 2002 on the European arrest warrant
and the surrender procedures between Member States cannot affect
the interpretation of the notion of ‘enforcement’ within the meaning
of Article 54 of the CISA.

sentence

the

(1) OJ C 257, 15.10.2005.

Judgment of the Court (First Chamber) of 18 July 2007
(reference
from the
preliminary
Verwaltungsgericht Darmstadt — Germany) — Ismail
Derin v Landkreis Darmstadt-Dieburg

ruling

for

a

(Case C-325/05) (1)

(EEC-Turkey Association — Article 59 of the Additional
Protocol — Articles 6, 7 and 14 of Decision No 1/80 of the
Association Council — Right of free access to employment
under the second indent of the first paragraph of Article 7 —
Corollary right of residence — Turkish national over the age
of 21 years who is no longer dependent on his parents —
Criminal convictions — Conditions governing the loss of
acquired rights — Compatibility with the rule that
the
Republic of Turkey is not to receive more favourable treatment
than that applicable between Member States)

21 years of age and no longer maintained by his parents —
More favourable treatment than that given to nationals of the
Member States

Operative part of the judgment

A Turkish national, who was authorised while he was a child to enter
the territory of a Member State in order to join his family and who
has acquired the right of free access to any paid employment of his
choice under the second indent of the first paragraph of Article 7 of
Decision No 1/80 of 19 September 1980 on the development of the
Association, adopted by the Association Council set up by the Associa-
tion Agreement between the European Economic Community and
Turkey, loses the right of residence in the host Member State which is
a corollary of that right of free access only in two situations, that is:

— in the circumstances provided for in Article 14(1) of that decision,

or

— if he leaves the territory of the Member State concerned for a

significant length of time without legitimate reason,

even though he is over 21 years of age, is no longer dependent on his
parents, but lives independently in the Member State concerned, and
was not available to join the labour force for several years because he
was during that period serving an unsuspended sentence of imprison-
ment. Such an interpretation is not inconsistent with the requirements
of Article 59 of
signed at Brussels on
23 November 1970 and concluded, approved and confirmed on behalf
the Community by Council Regulation (EEC) No 2760/72 of
of
19 December 1972.

the Additional Protocol

(2007/C 235/07)

Language of the case: German

(1) OJ C 281, 12.11.2005.

Referring court

Verwaltungsgericht Darmstadt

Parties to the main proceedings

Applicant: Ismail Derin

Defendant: Landkreis Darmstadt-Dieburg

Re:

Reference for a preliminary ruling — Verwaltungsgericht
Darmstadt — Interpretation of the second indent of the first
paragraph of Article 7 of Decision No 1/80 of the EEC-Turkey
Association Council and of Article 59 of
the Additional
Protocol relating to the transitional stage provided for in the
Agreement establishing an Association between the European
Economic Community and Turkey signed on 23 November
1970 (OJ 1973 C 113, p. 17) — No loss of right of free access
to any paid employment and of the resulting right of residence
for a Turkish national who entered the national territory in
order to join his family, in circumstances where he is now over

Judgment of the Court (Third Chamber) of 18 July 2007 —
Industrias Químicas del Vallés, SA v Commission of the
European Communities

(Case C-326/05 P) (1)

(Appeal — Non-inclusion of metalaxyl in Annex I to Directive
for plant
91/414/EEC — Withdrawal of authorisations
protection products
substance —
Distortion of the clear sense of the evidence — Manifest error
of appraisal)

containing that active

(2007/C 235/08)

Language of the case: Spanish

Parties

Appellant: Industrias Químicas del Vallés, SA, (represented by: C.
Fernández Vicién, I. Moreno-Tapia Rivas and J. Sabater Marotias,
abogados)

C 235/6

EN

Official Journal of the European Union

6.10.2007

Other party to the proceedings: Commission of
Communities
Quintillán, Agents)

the European
(represented by: B. Doherty and S. Pardo

Party in the main proceedings

Norma Kraaijenbrink

Re:

the Court of First Instance
Appeal against the judgment of
(Second Chamber) of 28 June 2005 in Case T-158/03 Industrias
Químicas del Vallés v Commission dismissing an action for annul-
ment of Commission Decision 2003/308/EC of 2 May 2003
concerning the non-inclusion of metalaxyl
to
Council Directive 91/414/EEC and the withdrawal of authorisa-
tions
for plant-protection products containing this active
substance (OJ 2003 L 113, p. 8)

in Annex I

Operative part of the judgment

The Court:

1) Sets aside the judgment of

the
European Communities of 28 June 2005 in Case T-158/03
Industrias Químicas del Vallés v Commission;

the Court of First

Instance of

2) Annuls Commission Decision 2003/308/EC of 2 May 2003
concerning the non-inclusion of metalaxyl in Annex I to Council
Directive 91/414/EEC and the withdrawal of authorisations for
plant-protection products containing this active substance;

3) Orders the Commission of the European Communities to pay the
costs of the present proceedings and of the proceedings at first
instance,
including those relating to the proceedings for interim
measures before both the Court of Justice and the Court of First
Instance.

(1) OJ C 271, 29.10.2005.

Judgment of the Court (Second Chamber) of 18 July 2007
(reference for a preliminary ruling from the Hof van
Cassatie van België — Belgium) — Criminal proceedings
against Norma Kraaijenbrink

(Case C-367/05) (1)

(Convention implementing the Schengen Agreement —
Article 54 — Ne bis in idem principle — Notion of ‘same
acts’ — Different acts — Prosecution in two Contracting
States — Acts linked together by the same criminal intention)

(2007/C 235/09)

Language of the case: Dutch

Referring court

Hof van Cassatie van België

Re:

Reference for a preliminary ruling — Hof van Cassatie van
België — Interpretation of Article 54 of the Convention imple-
menting the Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic Union, the
Federal Republic of Germany, and the French Republic on the
gradual abolition of checks at their common borders (OJ 2000
L 239, p. 19) — Ne bis in idem principle — Acts different but
sharing a common intention and thus legally constituting a
single act — Whether or not these are ‘the same acts’ for the
purposes of Article 54 — Discovery, subsequent to conviction
in one State, of other acts committed during the same period as
the acts sanctioned and committed with the same criminal
intention — Right to prosecute these additional acts in another
State — Account to be taken of sentences already imposed in
the first State

Operative part of the judgment

Article 54 of the Convention implementing the Schengen Agreement
of 14 June 1985 between the Governments of
the
Benelux Economic Union, the Federal Republic of Germany and the
French Republic on the gradual abolition of checks at their common
borders, signed on 19 June 1990 in Schengen (Luxembourg), must be
interpreted as meaning that:

the States of

— the relevant criterion for the purposes of the application of that
article is identity of the material acts, understood as the existence
of a set of facts which are inextricably linked together, irrespective
of
interest
protected;

the legal classification given to them or

the legal

— different acts consisting,

first,

in holding in one
in particular,
Contracting State the proceeds of drug trafficking and, second, in
the exchanging at exchange bureaux in another Contracting State
of sums of money also originating from such trafficking should not
be regarded as ‘the same acts’ within the meaning of Article 54 of
the Convention implementing the Schengen Agreement merely
because the competent national court finds that those acts are
linked together by the same criminal intention;

— it is for that national court to assess whether the degree of identity
and connection between all the facts to be compared is such that it
is possible,
the said relevant abovementioned
criterion, to find that they are ‘the same acts’ within the meaning
the Convention implementing the Schengen
of Article 54 of
Agreement.

in the light of

(1) OJ C 48, 25.02.2007.