Case C-262/06: Judgment of the Court (Second Chamber) of 22 November 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Deutsche Telekom AG v Bundesrepublik Deutschland (Telecommunications sector — Universal service and users' rights — Definition of obligations which are to be provisionally maintained — First paragraph of Article 27 of Directive 2002/21/EC (Framework Directive) and Article 16(1)(a) of Directive 2002/22/EC (Universal Service Directive) — Tariffs for the supply of voice telephony services — Requirement for administrative authorisation)
Date: 2007-11-22
Institutions: Court of Justice
Subjects: communications systems, competition, consumer protection, interpretation of the law, telecommunications, telephone, transmission network

C 22/8

EN

Official Journal of the European Union

26.1.2008

Judgment of the Court (Second Chamber) of 29 November
2007 — Stadtwerke Schwäbisch Hall GmbH, Stadtwerke
Tübingen GmbH, Stadtwerke Uelzen GmbH v Commission
of the European Communities, E.ON Kernkraft GmBH,
RWE Power AG, EnBW Energie Baden-Württemberg AG,
formerly
Vattenfall Europe Nuclear

Energy GmbH,
Hamburgische Electricitäts-Werke AG

(Case C-176/06 P) (1)

(Appeal — Aid allegedly granted by the German authorities
to nuclear power stations — Provisions for closure of power
stations and disposal of radioactive waste — Inadmissibility
of the action before the Court of First Instance — Absolute
bar)

(2008/C 22/14)

Language of the case: German

Parties

Appellants: Stadtwerke Schwäbisch Hall GmbH, Stadtwerke
Tübingen GmbH, Stadtwerke Uelzen GmbH (represented by: D.
Fouquet and P. Becker, Rechtsanwälte)

Other parties to the proceedings: Commission of the European
Communities
(represented by: V. Kreuschitz, Agent), E.ON
Kernkraft GmBH, RWE Power AG, EnBW Energie Baden-Würt-
temberg AG, Vattenfall Europe Nuclear Energy GmbH, formerly
Hamburgische Electricitäts-Werke AG (represented by: U.
Karpenstein and D. Sellner, Rechtsanwälte)

Re:

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber) of 26 January 2006 in Case T-92/02 Stadt-
werke Schwäbisch Hall GmbH and Others v Commission in which
the Court dismissed the action seeking annulment of Commis-
sion Decision C(2001) 3967 final of 11 December 2001
declaring that the German tax exemption scheme applied to the
reserves established by nuclear power stations for the purpose
of disposal of their radioactive waste and the permanent closure
of their plants does not constitute State aid as referred to in
Article 87(1) EC — Obligation of the Commission to initiate
the inter partes procedure provided for in Article 88(2) EC
where there are difficulties of assessment or doubts

3. Orders Stadtwerke Schwäbisch Hall GmbH, Stadtwerke Tübingen
GmbH and Stadtwerke Uelzen GmbH to pay the costs of the two
sets of proceedings.

(1) OJ C 131 of 3.6.2006.

Judgment of the Court (Second Chamber) of 22 November
2007 (reference for
a preliminary ruling from the
Bundesverwaltungsgericht — Germany) — Deutsche
Telekom AG v Bundesrepublik Deutschland

(Case C-262/06) (1)

(Telecommunications sector — Universal service and users'
rights — Definition of ‘obligations’ which are to be provision-
ally maintained — First paragraph of Article 27 of Directive
2002/21/EC (Framework Directive) and Article 16(1)(a) of
Directive 2002/22/EC (Universal Service Directive) — Tariffs
for the supply of voice telephony services — Requirement for
administrative authorisation)

(2008/C 22/15)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Deutsche Telekom AG

Defendant: Bundesrepublik Deutschland

Operative part of the judgment

The Court:

Re:

1. Annuls the judgment of the Court of First Instance of the European
Communities of 26 January 2006 in Case T-92/02 Stadtwerke
Schwäbisch Hall GmbH and Others v Commission;

seeking

2. Dismisses as inadmissible the action brought by Stadtwerke Schwä-
bisch Hall GmbH, Stadtwerke Tübingen GmbH and Stadtwerke
Uelzen GmbH before the Court of First Instance of the European
Communities
of Commission Decision
C(2001) 3967 final of 11 December 2001 declaring that the
German tax exemption scheme applied to the reserves established
by the operators of nuclear power stations for the purpose of the
safe disposal of their radioactive waste and the permanent closure
of
their plants does not constitute State aid as referred to in
Article 87(1) EC;

annulment

Reference for a preliminary ruling — Bundesverwaltungsgericht
— Interpretation of the first sentence of Article 27 of Directive
2002/21/EC of the European Parliament and of the Council of
7 March 2002 on a common regulatory framework for elec-
tronic communications networks and services
(Framework
Directive) (OJ 2002 L 108, p. 33) and Article 16(1)(a) of Direc-
tive 2002/22/EC of the European Parliament and of the Council
of 7 March 2002 on universal service and users' rights relating
to electronic communications networks and services (Universal
Service Directive) (OJ 2002 L 108, p. 51) — Meaning of ‘obliga-
tions’ to be provisionally maintained by the Member States —
Pre-existing requirement for authorisation of charges for the
supply of voice telephony services to end-users by an under-
taking with a dominant position

26.1.2008

EN

Official Journal of the European Union

C 22/9

Operative part of the judgment

The first paragraph of Article 27 of Directive 2002/21/EC of the
European Parliament and of the Council of 7 March 2002 on a
common regulatory framework for electronic communications networks
and services (Framework Directive) and Article 16(1)(a) of Directive
2002/22/EC of
the Council of
the European Parliament and of
7 March 2002 on universal service and users' rights relating to elec-
tronic communications networks and services (Universal Service Direc-
tive) must be interpreted as meaning that a statutory requirement for
the approval of tariffs for the supply of retail voice telephony services
provided by undertakings with a dominant position in that market,
such as that provided for in Paragraph 25 of the Law on Telecommu-
nications (Telekommunikationsgesetz) of 25 July 1996, enacted by
national
law and preceding the regulatory framework resulting from
those directives, together with administrative measures confirming that
requirement, must be temporarily maintained.

(1) OJ C 212, 2.9.2006.

Judgment of the Court (First Chamber) of 6 December
a preliminary ruling from the
2007 (reference
(Germany)) — Ursula Voß v
Bundesverwaltungsgericht

for

civil servants), which is lower
received if
context of
against female workers

than that which would be
the same number of hours were worked in the
full-time employment — Indirect discrimination

Operative part of the judgment

Article 141 EC is to be interpreted as precluding national legislation
on the remuneration of civil servants, such as that at issue in the main
proceedings — which defines overtime, for both full-time civil servants
and part-time civil servants, as hours worked over and above their
normal working hours, and which remunerates those additional hours
at a rate lower than the hourly rate applied to their normal working
hours, so that part-time civil servants are less well paid than full-time
civil servants in respect of hours which are worked over and above their
normal working hours, but which are not sufficient
to bring the
number of hours worked overall above the level of normal working
hours for full-time civil servants — where:

— in the group of workers subject to that legislation, a considerably
higher percentage of women is affected as compared with the
percentage of men so affected;

and

— the difference in treatment

is not

justified by objective factors

wholly unrelated to discrimination based on sex.

Land Berlin

(Case C-300/06) (1)

(1) OJ C 96, 22.4.2006.

(Article 141 EC — Principle of equal pay for men and women
— Civil servants — Overtime — Indirect discrimination
against women employed part-time)

(2008/C 22/16)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Ursula Voß

Defendant: Land Berlin

Re:

Reference for a preliminary ruling — Bundesverwaltungsgericht
— Interpretation of Article 141 of the EC Treaty — National
legislation laying down,
for both full-time and part-time
workers, a reduction in the remuneration for overtime as
against that received for normal working hours — Remunera-
tion of a female part-time teacher, who is a civil servant, who
works overtime (but not sufficient to bring the hours worked
overall above the level of normal working hours for full-time

Judgment of the Court (Second Chamber) of 22 November
2007 (reference for a preliminary ruling from the Juzgado
de lo Mercantil — Spain) — Alfredo Nieto Nuño v
Leonci Monlleó Franquet

(Case C-328/06) (1)

(Trade marks — Directive 89/104/EEC — Article 4(2)(d) —
‘Well-known’ marks in a Member State within the meaning
of Article 6 bis of the Paris Convention — Knowledge of the
trade mark — Geographical area)

(2008/C 22/17)

Language of the case: Spanish

Referring court

Juzgado de lo Mercantil

Parties to the main proceedings

Applicant: Alfredo Nieto Nuño

Defendant: Leonci Monlleó Franquet