Case C-6/06 P: Judgment of the Court (Second Chamber) of 22 November 2007 — Cofradía de pescadores San Pedro de Bermeo and Others v Council of the European Union, Commission of the European Communities and the French Republic (Appeal — Non-contractual liability of the Community — Principles of relative stability, legal certainty and legitimate expectations — Admissibility — Appeal in part unfounded and in part inadmissible — Cross appeal — Application to set aside part of the judgment of the Court of First Instance inasmuch as it holds that it is not necessary to rule on a plea of inadmissibility brought against an action which it dismissed as unfounded — No legal interest in bringing proceedings — Res judicata )
Date: 2007-11-22
Institutions: Court of Justice
Subjects: EC action to establish liability, General Court (EU), Portugal, appeal, catch quota, common fisheries policy

8.3.2008

EN

Official Journal of the European Union

C 64/5

Re:

Annulment of the provisions of point 2 of Annex I to Regu-
lation (EC) No 647/2005 of 13 April 2005 amending Council
Regulation (EEC) No 1408/71 on the application of social
security schemes to employed persons, to self-employed persons
and to members of their families moving within the Community
and Council Regulation (EEC) No 574/72 laying down the
procedure for
implementing Regulation (EEC) No 1408/71
relating to the headings W. Finland (b), X. Sweden (c) and
Y. United Kingdom (d), (e) and (f) (OJ 2005 L 117, p. 1) —
Special non-contributory cash benefits

Operative part of the judgment

The Court:

2005

amending

1. Annuls the provisions of point 2 of Annex I to Regulation (EC)
No 647/2005 of the European Parliament and of the Council of
13 April
(EEC)
No 1408/71 on the application of social security schemes to
employed persons, to self-employed persons and to members of their
families moving within the Community and (EEC) No 574/72
implementing Regulation (EEC)
laying down the procedure for
No 1408/71 under the headings ‘FINLAND’, (b),
‘SWEDEN’,
(c), and ‘UNITED KINGDOM’, (d) to (f);

Council Regulations

2. Maintains the effects of

the inclusion of

the heading ‘UNITED KINGDOM’,

the Disability Living
Allowance under
(d), of
Annex IIa to Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed
persons, to self employed persons and to members of their families
moving within the Community,
in the version amended and
updated by Council Regulation (EC) No 118/97 of 2 December
1996, as amended by Regulation No 647/2005, as regards solely
the ‘mobility’ part of that allowance so that, within a reasonable
period, appropriate measures can be taken to include it in that
annex;

3. Orders the European Parliament and the Council of the European
Union to bear their own costs and to pay, in equal shares, those of
the Commission of the European Communities;

4. Orders the Republic of Finland, the Kingdom of Sweden and the
United Kingdom of Great Britain and Northern Ireland to bear
their own costs.

(1) OJ C 243, 1.10.2005.

of

the

Court

Judgment
of
22 November 2007 — Cofradía de pescadores ‘San Pedro’
de Bermeo and Others v Council of the European Union,
Commission of the European Communities and the French
Republic

Chamber)

(Second

(Case C-6/06 P) (1)

(Appeal — Non-contractual
liability of the Community —
Principles of relative stability, legal certainty and legitimate
expectations — Admissibility — Appeal in part unfounded
and in part inadmissible — Cross appeal — Application to
set aside part of the judgment of the Court of First Instance
inasmuch as it holds that it is not necessary to rule on a plea
inadmissibility brought against an action which it
of
interest in bringing
dismissed as unfounded — No legal

proceedings — Res judicata)

(2008/C 64/05)

Language of the case: Spanish

Parties

Appellants: Cofradía de pescadores ‘San Pedro’ de Bermeo and
Others (represented by: M. Troncoso Ferrer, abogado)

Other parties to the proceedings: Council of the European Union,
(represented by: F. Florindo Gijón and M. Balta, Agents),
Commission of
(represented by:
the European Communities,
F. Jimeno Fernández) and the French Republic

Re:

Appeal brought against the judgment of
the Court of First
Instance (Third Chamber) of 19 October 2005 in Case
T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and Others v
Council in which the Court dismissed the action for damages to
compensate for the loss allegedly suffered by the applicants
following the Council's authorisation of
the transfer to the
French Republic of part of the quota for anchovy allocated to
the Portuguese Republic

Operative part of the judgment

The Court:

1. Dismisses the principal appeal, brought by Cofradía de pescadores
‘San Pedro’ de Bermeo and the other applicants, whose names are
set out in the Annex to the judgment of the Court of First Instance
of
the European Communities of 19 October 2005 in Case
T-415/03 Cofradía de pescadores ‘San Pedro’ de Bermeo and
Others v Council;

2. Dismisses the cross appeal brought by the Council of the European

Union;

C 64/6

EN

Official Journal of the European Union

8.3.2008

3. Orders Cofradía de pescadores ‘San Pedro’ de Bermeo and the other
applicants, whose names are set out in the Annex to the judgment
of the Court of First Instance of the European Communities of
19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San
Pedro’ de Bermeo and Others v Council, and the Council of the
European Union, to bear their own costs;

4. Orders the Commission of the European Communities to bear its

own costs.

(1) OJ C 60, 11.3.2006.

Judgment of the Court (Third Chamber) of 17 January
2008 (reference
a preliminary ruling from the
Finanzgericht Hamburg, Germany) — Viamex Agrar
Handels GmbH (C-37/06), Zuchtvieh-Kontor GmbH (ZVK)
(C-58/06) v Hauptzollamt Hamburg-Jonas

for

(Joined Cases C-37/06 and C-58/06) (1)

(Regulation (EC) No 615/98 — Directive 91/628/EEC —
Export refunds — Protection of bovine animals during trans-
port — Payment of export refunds for bovine animals subject
to compliance with Directive 91/628/EEC — Principle of
proportionality — Forfeiture of export refunds)

ture of a refund as a result of a failure to observe prescribed rest
periods during the transport of the animals

Operative part of the judgment

1) Consideration of the first question has disclosed nothing capable of
casting doubt on the validity of Article 1 of Commission Regu-
lation (EC) No 615/98 of 18 March 1998 laying down specific
detailed rules of application for the export refund arrangements as
regards the welfare of live bovine animals during transport.

2) Consideration of the second question has disclosed nothing capable
of casting doubt on the validity of Article 5(3) of Regulation
No 615/98 in the light of the principle of proportionality. It is for
the Finanzgericht Hamburg to assess whether
competent
authorities have applied the relevant provisions of Regulation
No 615/98 in a manner that is consonant with that principle.

the

(1) OJ C 96, 22.4.2006.

Judgment of the Court (First Chamber) of 10 January 2008
v
— Commission

European Communities

the

of
Portuguese Republic

(2008/C 64/06)

Language of the case: German

(Case C-70/06) (1)

(Failure of a Member State to fulfil obligations — Judgment
of the Court establishing the failure of a Member State to
fulfil its obligations — Non-compliance — Financial penalty)

Referring court

Finanzgericht Hamburg

(2008/C 64/07)

Language of the case: Portuguese

Parties to the main proceedings

Parties

Applicants: Viamex Agrar Handels GmbH (C-37/06), Zuchtvieh-
Kontor GmbH (ZVK) (C-58/06)

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, A. Caeiros and P. Andrade, Agents)

Defendant: Hauptzollamt Hamburg-Jonas

Defendant: Portuguese Republic (represented by: L. Fernandes,
P. Fragoso Martins and J. A. de Oliveira, Agents)

Re:

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Validity of Articles 1 and 5(3) of Commission Regulation (EC)
No 615/98 of 18 March 1998 laying down specific detailed
rules of application for the export refund arrangements as
regards the welfare of
live bovine animals during transport
(OJ 1998 L 82, p. 19) — Payment of export refunds for bovine
animals subject to compliance with the provisions of Council
Directive 91/628/EEC of 19 November 1991 on the protection
of
amending Directives
90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17) — Forfei-

transport

animals

during

and

Failure of a Member State to fulfil obligations — Article 228 EC
— Failure to comply with the judgment of the Court of Justice
of 14 October 2004 in Case C-275/03 — Imperfect transposi-
tion into domestic law of Council Directive 89/665/EEC of
21 December 1989 on the coordination of the laws, regulations
and administrative provisions relating to the application of
review procedures to the award of public supply and public
works contracts (OJ 1989 L 395, p. 33) — Request that a
penalty should be fixed