Case C-456/05: Judgment of the Court (Third Chamber) of 6 December 2007 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Article 43 EC — Psychotherapists admitted to practise — System of quotas — Derogating transitional rules — Proportionality — Admissibility)
Date: 2007-12-06
Institutions: Court of Justice
Subjects: EU law - national law, European Commission, Germany, access to a profession, action for failure to fulfil an obligation, equal treatment, psychology, right of establishment, therapeutics

C 22/4

EN

Official Journal of the European Union

26.1.2008

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 49 EC — Freedom to provide services — Requirement
for inspection bodies in the field of organic production of agri-
cultural products which are approved in another Member State
to have a place of business or permanent
infrastructure in
Austria

Operative part of the judgment

The Court:

1. Declares that, by requiring of private inspection bodies of organi-
cally-farmed products approved in another Member State that they
maintain an establishment in Austria in order to be able to provide
inspection services there, the Republic of Austria has failed to fulfil
its obligations under Article 49 EC;

for inspection bodies in the field of organic production of agri-
cultural products which are approved in another Member State
to have a place of business or permanent
infrastructure in
Germany

Operative part of the judgment

The Court:

1. Declares that, by requiring of private inspection bodies of organi-
cally-farmed products approved in another Member State that they
maintain an establishment in Germany in order to be able to
provide inspection services there, the Federal Republic of Germany
has failed to fulfil its obligations under Article 49 EC;

2. Orders the Federal Republic of Germany to pay the costs.

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 10 of 14.1.2006.

(1) OJ C 10, 14.1.2006.

Judgment of the Court (First Chamber) of 29 November
the European Communities v
2007 — Commission of

Federal Republic of Germany

(Case C-456/05) (1)

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

Federal Republic of Germany

(Case C-404/05) (1)

(Regulation (EEC) No 2092/91 — Organic production of
agricultural products — Private inspection bodies — Require-
ment of an establishment or permanent infrastructure in the
Member State where the services are provided — Justifications
— Connection with the exercise of official authority —
Article 55 EC — Consumer protection)

of a Member State

(Failure
obligations —
Article 43 EC — Psychotherapists admitted to practise —
System of quotas — Derogating transitional rules — Propor-
tionality — Admissibility)

fulfil

to

(2008/C 22/07)

Language of the case: German

(2008/C 22/06)

Language of the case: German

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and S. Grünheid, Agents

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and G. Braun, Agents)

Defendant: Federal Republic of Germany (represented by: M.
Lumma and U. Forsthoff, Agents)

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

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 49 EC — Freedom to provide services — Requirement

Failure of a Member State to fulfil obligations — Infringement
of Article 43 EC — Transitional rules concerning the authorisa-
tion of psychotherapists which require previous activities carried
out under the national sickness insurance scheme in order for
authorisation to be obtained

26.1.2008

EN

Official Journal of the European Union

C 22/5

Operative part of the judgment

The Court

the expatriation allowance under Article 4(1)(a) of Annex VII to
the Staff Regulations of Officials of the European Communities
and the allowances associated therewith

1. Declares that, by applying the transitional provisions or ‘established
rights’, which permit psychotherapists to obtain authorisation or
admission to practise independently of the applicable rules of the
statutory sickness insurance scheme, solely to psychotherapists who
have practised in a region of Germany under the German statutory
sickness insurance schemes and by failing to take account of
comparable
by
professional
psychotherapists in other Member States, the Federal Republic of
Germany has failed to fulfil its obligations under Article 43 EC;

performed

activity

similar

or

Operative part of the judgment

The Court

1. Dismisses the appeal;

2. Orders Ms Salvador García to pay the costs.

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 60, 11.3.2003.

(1) OJ C 86, 8.4.2006.

Judgment of the Court (Fourth Chamber) of 29 November
2007 — Beatriz Salvador García, v Commission of the
European Communities

(Case C-7/06 P) (1)

(Appeals — Officials — Remuneration — Expatriation allow-
ance — Condition laid down by Article 4(1)(a), second indent,
of Annex VII to the Staff Regulations — Concept of ‘work
done for another State’)

(2008/C 22/08)

Language of the case: Spanish

Parties

Appellants: Beatriz Salvador García, (represented by R. García-
Gallardo Gil-Fournier, D. Dominguez Peréz, A. Sayagués Torres,
abogados)

Other party to the proceedings: Commission of
Communities (represented by:
Gisbert, J. Rivas and M. Canal, abogados)

J. Currall, Agent,

the European
J. Gutierrez

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 25 October 2005 Salvador García v Commission
(T-205/02), dismissing an action for annulment of the Commis-
sion's decision of 27 March 2002 refusing to pay the applicant

Judgment of the Court (Fourth Chamber) of 29 November
the
2007 — Anna Herrero Romeu v Commission of

European Communities

(Case C-8/06 P) (1)

(Appeals — Officials — Remuneration — Expatriation allow-
ance — Condition laid down by Article 4(1)(a), second indent,
of Annex VII to the Staff Regulations — Concept of ‘work
done for another State’)

(2008/C 22/09)

Language of the case: Spanish

Parties

Appellant: Anna Herrero Romeu (represented by: J.-R. García-
Gallardo Gil-Fournier, D. Domínguez Peréz, A. Sayagéus Torres,
abogados)

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Currall, Agent, J. Rivas Andrés
and M. Canal, abogados)

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 25 October 2005 Herrero Romeu v Commission
(T-298/02), dismissing an action for annulment of the Commis-
sion's decision of 10 June 2002 refusing to pay the applicant
the expatriation allowance under Article 4(1)(a) of Annex VII to
the Staff Regulations of Officials of the European Communities
and the allowances associated therewith