Case C-388/05: Judgment of the Court (Second Chamber) of 20 September 2007 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Conservation of natural habitats — Wild fauna and flora — Special Protection Area Valloni e steppe pedegarganiche )
Date: 2007-11-10
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, biotope, degradation of the environment, environmental protection, protected area, protection of animal life, wildlife

C 269/8

EN

Official Journal of the European Union

10.11.2007

Operative part of the judgment

Operative part of the judgment

framework agreement on fixed-term work,

1. The concept of ‘employment conditions’ referred to in clause 4(1) of
the
concluded on
18 March 1999, and which is set out in the Annex to Council
Directive 1999/70/EC of 28 June 1999 concerning the framework
agreement on fixed-term work concluded by ETUC, UNICE and
CEEP must be interpreted as meaning that it can act as a basis for
a claim such as that at issue in the main proceedings, which seeks
the grant to a fixed-term worker of a length-of-service allowance
which is reserved under national law solely to permanent staff.

2. Clause 4(1) of the framework agreement must be interpreted as
meaning that it precludes the introduction of a difference in treat-
ment between fixed-term workers and permanent workers which is
justified solely on the basis that it is provided for by a provision of
statute or secondary legislation of a Member State or by a collective
agreement concluded between the staff union representatives and the
relevant employer.

(1) OJ C 257, 15.12.2005.

Judgment of the Court (Grand Chamber) of 11 September
the European Communities v
2007 — Commission of

Federal Republic of Germany

(Case C-318/05) (1)

(Failure by a Member State to fulfil
its obligations —
Articles 18 EC, 39 EC, 43 EC and 49 EC — Income tax legis-
lation — School fees — Tax deductibility limited to school
fees paid to national private establishments)

1) By generally excluding school fees for attending a school situated in
another Member State from the tax deduction for special expenses
under Article 10(1)(9) of the Law on Income Tax (Einkommen-
steuergesetz) in the version published on 19 October 2002, the
Federal Republic of Germany has failed to fulfil
its obligations
under Articles 18 EC, 39 EC, 43 EC and 49 EC.

2) The remainder of the action is dismissed.

3) The Federal Republic of Germany is ordered to pay the costs.

(1) OJ C 257, 15.10.2005.

Judgment of the Court (Second Chamber) of 20 September
the European Communities v
2007 — Commission of

Italian Republic

(Case C-388/05) (1)

(Failure of a Member State to fulfil obligations — Conserva-
tion of natural habitats — Wild fauna and flora — Special
Protection Area ‘Valloni e steppe pedegarganiche’)

(2007/C 269/16)

Language of the case: Italian

(2007/C 269/15)

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu and D. Recchiqa, Agents,)

Defendant:. (represented by: I. Braguglia, Agent, and G. Fiengo,
Lawyer)

Applicant: Commission of the European Communities (repre-
sented by: K. Gross and R. Lyal, Agents)

Defendant:
M. Lumma and U. Forsthoff, Agents)

Federal Republic of Germany (represented by:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 18, 39, 43 and 49 EC — National income tax legis-
lation which excludes without exception the possibility to
deduct
fees of children who are
receiving education abroad.

tax in respect of school

Failure of a Member State to fulfil obligations — Breach of
Article 4(4) of Council Directive 79/409/EEC of 2 April 1979
on the conservation of wild birds (OJ 1979 L 103, p. 1) and of
Article 6(2),
(3) and (4) and Article 7 of Council Directive
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) —
Obligation to take appropriate steps to avoid deterioration of
natural habitats and species habitats within special areas of
conservation — Industrial developments affecting the Gargano
National Park

10.11.2007

EN

Official Journal of the European Union

C 269/9

Operative part of the judgment

Re:

The Court:

1. Declares that, by failing to take appropriate steps to avoid, in the
special protection area ‘Valloni e steppe pedegarganiche’, the dete-
rioration of natural habitats and the habitats of species as well as
disturbance of the species for which that area was established, the
Italian Republic failed, in respect of the period before 28 December
1998, to fulfil its obligations under Article 4(4) of Council Direc-
tive 79/409/EEC of 2 April 1979 on the conservation of wild
birds and, in respect of the period after that date, has failed to fulfil
its obligations under Article 6(2) of Council Directive 92/43/EEC
of 21 May 1992 on the conservation of natural habitats and of
wild fauna and flora;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 22, 28.1.2006.

Reference for a preliminary ruling — Supremo Tribunal de
Justiça — Interpretation of Article 33 of the Agreement on
Trade-Related Aspects of
Intellectual Property Rights (TRIPS)
annexed to the Agreement establishing the World Trade Organi-
sation (OJ 1994 L 336, p. 214) — Jurisdiction in relation to
interpretation — Direct effect

Operative part of the judgment

Intellectual Property Rights,

As Community legislation in the sphere of patents now stands, it is
not contrary to Community law for Article 33 of the Agreement on
Trade-Related Aspects of
constituting
Annex 1C to the Agreement establishing the World Trade Organisa-
tion, signed at Marrakesh on 15 April 1994 and approved by
Council Decision 94/800/EC concerning the conclusion on behalf of
the European Community, as regards matters within its competence, of
the agreements reached in the Uruguay Round multilateral negotia-
tions (1986-1994), to be directly applied by a national court subject
to the conditions provided for by national law.

(1) OJ C 36, 11.2.2006.

Judgment of the Court (Grand Chamber) of 11 September
2007 (reference
a preliminary ruling from the
Supremo Tribunal de Justiça — Portugal) — Merck
Genericos-Produtos Farmacêuticos L.da v Merck & Co. Inc.,
Merck Sharp & Dohme, L.da

for

(Case C-431/05) (1)

(Agreement establishing the World Trade Organisation —
Article 33 of the Agreement on Trade-related Aspects of
Intellectual Property Rights (TRIPs) — Patents — Minimum
term of protection — Legislation of a Member State providing
for a lesser term — Article 234 EC — Jurisdiction of the
Court — Direct effect)

(2007/C 269/17)

Judgment of the Court (Third Chamber) of 13 September
2007 — Land Oberösterreich and Republic of Austria v
Commission of the European Communities

(Joined Cases C-439/05 P and C-454/05 P) (1)

(Appeal — Directive 2001/18/EC — Decision 2003/653/EC
— Deliberate release into the environment of genetically modi-
fied organisms — Article 95(5) EC — National provisions
derogating from a harmonisation measure justified by new
scientific evidence and by a problem specific to one Member
State — Principle of the right to be heard)

Language of the case: Portugese

(2007/C 269/18)

Language of the case: German

Referring court

Supremo Tribunal de Justiça

Parties to the main proceedings

Parties

Land Oberösterreich

G.
Appellants:
Hörmanseder, Agent, and by F. Mittendorfer, Rechtsanwalt),
Republic of Austria (represented by H. Dossi and A. Hable,
Agents)

(represented

by

Applicant: Merck Genéricos-Produtos Farmacêuticos L.da

Defendant: Merck & Co. Inc., Merck Sharp & Dohme, L.da

Other party to the proceedings: Commission of
Communities
Agents)

the European
(represented by: U. Wölker and M. Patakia,