Joined Cases C-463/04 and C-464/04: Judgment of the Court (First Chamber) of 6 December 2007 (reference for a preliminary ruling from the Tribunale Amministrativo Regionale per la Lombardia (Italy) — Federconsumatori, Adiconsum, ADOC, Ercole Pietro Zucca (C-463/04) and Associazione Azionariato Diffuso dell'AEM SpA, Filippo Cuccia, Giacomo Fragapane, Pietro Angelo Puggioni, Annamaria Sanchirico, Sandro Sartorio (C-464/04) v Comune di Milano (Article 56 EC — Free movement of capital — Restrictions — Privatised undertakings — National provision under which the Articles of association of a company limited by shares may confer on the State or a public body holding shares in that company the power to appoint directly one or more directors to the board)
Date: 2007-12-06
Institutions: Court of Justice
Subjects: capital movement, company with share capital, interpretation of the law, public institution, shareholder, shareholding

C 22/2

EN

Official Journal of the European Union

26.1.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 6 December
2007 (reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Lombardia (Italy) —
Federconsumatori, Adiconsum, ADOC, Ercole Pietro Zucca
(C-463/04) and Associazione Azionariato Diffuso dell'AEM
SpA, Filippo Cuccia, Giacomo Fragapane, Pietro Angelo
Sartorio
Puggioni, Annamaria

Sanchirico,

Sandro

(C-464/04) v Comune di Milano

(Joined Cases C-463/04 and C-464/04) (1)

(Article 56 EC — Free movement of capital — Restrictions —
Privatised undertakings — National provision under which
the Articles of association of a company limited by shares may
confer on the State or a public body holding shares in that
company the power to appoint directly one or more directors
to the board)

Operative part of the judgment

Article 56 EC must be interpreted as precluding a national provision,
such as Article 2449 of the Italian Civil Code, under which the Arti-
cles of association of a company limited by shares may confer on the
State or a public body with a shareholding in that company the power
to appoint directly one or more directors which, on its own or, as in
the main proceedings, in conjunction with a provision such as Article
4 of Decree Law No 332 of 31 May 1994, which became, after
amendment, Law No 474 of 30 July 1994, as amended by Law No
350 of 24 December 2003, which grants that State or public body
the right to participate in the election on the basis of lists of the direc-
tors it has not appointed directly, is such as to enable that State or
public body to obtain a power of control which is disproportionate to
its shareholding in that company.

(2008/C 22/02)

(1) OJ C 249, 14.10.2006.

Language of the case: Italian

Referring court

Tribunale amministrativo regionale per la Lombardia

Parties to the main proceedings

(C-463/04)

Applicants: Federconsumatori, Adiconsum, ADOC, Ercole Pietro
and Associazione Azionariato Diffuso
Zucca
dell'AEM SpA, Filippo Cuccia, Giacomo Fragapane, Pietro
Angelo Puggioni, Annamaria Sanchirico, Sandro Sartorio
(C-464/04),

Defendant: Comune di Milano

Interested parties: AEM SpA (C-463/04 and C-464/04), Edison
SpA (C-463/04)

Re:

Reference for a preliminary ruling — Tribunale amministrativo
regionale per la Lombardia — Interpretation of Article 56 EC
— National law allowing public entities to appoint directors or
auditors in privatised undertakings — Application by a terri-
torial entity which retains a substantial holding in the privatised
undertaking.

Judgment of the Court (Third Chamber) of 6 December
the European Communities v
2007 — Commission of

Italian Republic

(Case C-280/05) (1)

(Failure of a Member State to fulfil obligations — State aid
— Incompatibility with the common market — Duty to
recover — Non-fulfilment)

(2008/C 22/03)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: V. Di Bucci and E. Righini, acting as Agents)