Case C-330/05: Judgment of the Court (First Chamber) of 15 November 2007 (reference for a preliminary ruling from the Hovrätten för Övre Norrland (Sweden)) — Criminal proceedings against Fredrik Granberg (Excise duties — Mineral oils — Atypical transport)
Date: 2007-11-15
Institutions: Court of Justice
Subjects: excise duty, free movement of goods, fuel oil, interpretation of the law, tax law, tax-free allowance

12.1.2008

EN

Official Journal of the European Union

C 8/3

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber (Extended Composition)) of 14 April 2005 in Case
T-88/01 Sniace SA v Commission declaring inadmissible the
appellant's action for annulment of Commission Decision
2001/102/EC of 19 July 2000 on State aid granted by Austria
to Lenzing Lyocell GmbH & Co. KG (OJ 2001 L 38, p. 33)

meaning of Article 1(2) of Directive 2001/83/EC of the European
Parliament and of the Council of 6 November 2001 on the Com-
munity code relating to medicinal products for human use, the
its obligations
Federal Republic of Germany has failed to fulfil
under Article 28 EC and Article 30 EC;

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

Operative part of the judgment

1. Dismisses the appeal;

2. Orders Sniace SA to pay the costs;

3. Orders the Republic of Austria to bear its own costs.

(1) OJ C 193, 6.8.2005.

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

Federal Republic of Germany

(Case C-319/05) (1)

(Failure of a Member State to fulfil obligations — Articles 28
and 30 EC — Directive 2001/83/EC — Garlic preparation in
capsule form — Preparation legally marketed as a food
supplement in a number of Member States — Preparation
classified as a medicinal product in the Member State of
importation — Definition of ‘medicinal product’ — Obstacle
— Jurisdiction — Public health — Proportionality)

(1) OJ C 257, 15.10.2005.

Judgment of the Court (First Chamber) of 15 November
2007 (reference for
a preliminary ruling from the
Hovrätten för Övre Norrland (Sweden)) — Criminal
proceedings against Fredrik Granberg

(Case C-330/05) (1)

(Excise duties — Mineral oils — Atypical transport)

(2008/C 8/05)

Language of the case: Swedish

Referring court

Hovrätten för Övre Norrland

Party in the main proceedings

Fredrik Granberg

(2008/C 8/04)

Language of the case: German

Re:

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and B. Schima, Agents)

Defendant: Federal Republic of Germany (represented by: M.
Lumma and C. Schulze-Bahr, Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 28 and 30 EC — National administrative practice
classifying a garlic preparation in capsule form as a medicinal
product — Concept of medicinal product under Community
rules

Operative part of the judgment

1) By classifying as a medicinal product a garlic preparation in capsule
form not satisfying the definition of a medicinal product within the

Reference for a preliminary ruling — Hovrätten för Övre
Norrland — Interpretation of Article 9(3) of Council Directive
92/12/EEC of 25 February 1992 on the general arrangements
for products subject to excise duty and on the holding, move-
ment and monitoring of such products (OJ 1992 L 76, p. 1) —
Import by private individuals of mineral oils already released for
consumption in another Member State — Atypical means of
transport

Operative part of the judgment

The Court rules:

1. Article 9(3) of the Council Directive 92/12/EEC of 25 February
1992 on the general arrangements for products subject to excise
duty and on the holding, movement and monitoring of such
products, as amended by Council Directive 92/108/EEC of
14 December 1992, does not allow Member States generally to
impose excise duty in the Member State of consumption on heating
oil acquired in another Member State by a private individual for
own use and transported by him to the Member State of consump-
tion, irrespective of the means of transport used.

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)