Case C-59/07: Judgment of the Court (Fifth Chamber) of 15 November 2007 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Directive 2003/109/EC — Status of third-country nationals who are long-term residents — Failure to transpose within the prescribed period)
Date: 2007-11-15
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, admission of aliens, foreign national, legal status, national implementing measure, residence permit, rights of aliens

C 8/4

EN

Official Journal of the European Union

12.1.2008

2. The transport by a private individual of 3 000 litres of heating oil
in three ‘intermediate bulk containers’ on board a van constitutes
an atypical mode of transport within the meaning of Article 9(3)
of Directive 92/12, as amended by Directive 92/108.

3. Article 7(4) of Directive 92/12, as amended by Directive 92/108,
does not preclude the legislation of a Member State of destination
in which excise duty is chargeable, as allowed under Article 9(3) of
that directive, from imposing on any private individual who has
personally acquired, for his own use, heating oil in another Member
State where it has been made available for consumption, and trans-
ported the product himself to the Member State of destination by
means of an atypical mode of transport, within the meaning of
Article 9(3), to have lodged a guarantee to ensure payment of the
excise duties and to have an accompanying document as well as a
document confirming lodgement of the guarantee of payment of the
excise duties.

(1) OJ C 271, 29.10.2005.

Judgment of the Court (First Chamber) of 15 November
2007 (reference for a preliminary ruling from the Tribunal
Supremo (Spain)) — International Mail Spain SL v
Administración del Estado, Correos

(Case C-162/06) (1)

(Directive 97/67/EC — Common rules for the development of
the internal market in postal services — Liberalisation of
postal services — Possibility to reserve cross-border post to
the universal postal service provider ‘to the extent necessary to
ensure the maintenance of universal service’)

(2008/C 8/06)

Language of the case: Spanish

Referring court

Tribunal Supremo (Spain)

Parties to the main proceedings

Appellant: International Mail Spain SL

European Parliament and of the Council of 15 December 1997
on common rules for the development of the internal market of
Community postal services and the improvement of quality of
service, prior to its amendment by Directive 2002/39/EC of the
European Parliament and of
the Council of 10 June 2002
(OJ 1998 L 15, p. 14) — Postal services reserved to universal
service providers — Cross-border mail — Assessment criteria
— Account taken solely of the effect on the financial equili-
brium of the universal service provider

Operative part of the judgment

Article 7(2) of Directive 97/67/EC of the European Parliament and of
the Council of 15 December 1997 on common rules for the develop-
ment of the internal market of Community postal services and the
improvement of quality of service must be interpreted as allowing
Member States to reserve cross-border mail to the universal postal
service provider only in so far as they establish

— that,

in the absence of such a reservation, achievement of that

universal service would be precluded, or

— that

that reservation is necessary to enable that service to be

carried out under economically acceptable conditions.

(1) OJ C 143, 17.6.2006.

Judgment of the Court (Fifth Chamber) of 15 November
the European Communities v
2007 — Commission of

Kingdom of Spain

(Case C-59/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/109/EC — Status of third-country nationals who are
to transpose within the
long-term residents — Failure

prescribed period)

(2008/C 8/07)

Language of the case: Spanish

Respondents: Administración del Estado, Correos

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and A. Alcover San Pedro,
Agents)

Reference for a preliminary ruling — Tribunal Supremo —
the
Interpretation of Article 7(2) of Directive 97/67/EC of

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

12.1.2008

EN

Official Journal of the European Union

C 8/5

Re:

Failure of the Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the provisions necessary to
comply with Council Directive 2003/109/EC of 25 November
2003 concerning the status of third-country nationals who are
long-term residents (OJ 2004 L 16, p. 44).

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Council Directive
2003/109/EC of 25 November 2003 concerning the status of
third-country nationals who are long-term residents, the Kingdom
of Spain has failed to fulfil its obligations under that directive;

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

does Article 15(c),
Convention, offer supplementary or other protection?

in comparison with Article 3 of

the

2. If Article 15(c) of the Directive, in comparison with Article 3
of the Convention, offers supplementary or other protection,
what are the criteria in that case for determining whether a
person who claims to be eligible for subsidiary protection
status runs a real risk of serious and individual threat by
indiscriminate violence within the terms of
reason of
Article 15(c) of
the Directive, read in conjunction with
Article 2(e) thereof?

(1) OJ L 304, p. 12.

(1) OJ C 69, 24.3.2007.

Reference for a preliminary ruling from the Landesarbeits-
gericht Düsseldorf (Germany), lodged on 22 October 2007
— Dietmar Klarenberg v Ferrotron Technologies GmbH

(Case C-466/07)

(2008/C 8/09)

Language of the case: German

Referring court

Landesarbeitsgericht Düsseldorf

Parties to the main proceedings

Applicant: Dietmar Klarenberg

Defendant: Ferrotron Technologies GmbH

Question referred

Is a part of an undertaking or business only transferred to
another employer within the meaning of Article 1(1)(a) and (b)
of Council Directive 2001/23/EC of 12 March 2001 on the
approximation of the laws of the Member States relating to the
safeguarding of employees' rights in the event of transfers of
undertakings, businesses or parts of undertakings or busi-
nesses (1), if the new employer operates the part of an under-
taking or business as an organisationally autonomous part of an
undertaking or business?

(1) OJ L 82, 12.3.2001, p. 16.

Reference for a preliminary ruling from the Raad van State
lodged on 17 October 2007 — M. and
(Netherlands)

N. Elgafaji v Staatssecretaris van Justitie

(Case C-465/07)

(2008/C 8/08)

Language of the case: Dutch

Referring court

Raad van State/Netherlands

Parties to the main proceedings

Appellants: M. Elgafaji, N. Elgafaji and Staatssecretaris van Justitie

Questions referred

1. Is Article 15(c) of Council Directive 2004/83/EC (1) on
minimum standards for the qualification and status of third
country nationals or stateless persons as refugees or as
persons who otherwise need international protection and the
content of
the protection granted to be interpreted as
offering protection only in a situation on which Article 3 of
the Convention for the Protection of Human Rights and
Fundamental Freedoms, as interpreted in the case-law of the
European Court of Human Rights, also has a bearing, or