Case C-161/06: Judgment of the Court (Grand Chamber) of 11 December 2007 (Reference for a preliminary ruling from the Krajský soud v Ostravě — Czech Republic) — Skoma-Lux sro v Celní ředitelství Olomouc (Act concerning the conditions of accession to the European Union — Article 58 — Community legislation — No translation into the language of a Member State — Enforceability)
Date: 2007-12-11
Institutions: Court of Justice
Subjects: Czechia, EU Official Journal, accession to the European Union, application of EU law, customs regulations, interpretation of the law

23.2.2008

EN

Official Journal of the European Union

C 51/13

Judgment of the Court (Second Chamber) of 18 December
2007 — Roderich Weißenfels v European Parliament

(Case C-135/06 P) (1)

Judgment of the Court (Grand Chamber) of 11 December
2007 (Reference for a preliminary ruling from the Krajský
soud v Ostravě — Czech Republic) — Skoma-Lux sro v
Celní ředitelství Olomouc

(Appeal — Remuneration — Dependent child allowance —
Deduction of the amount of an allowance of like nature paid
from other sources — Unlimited jurisdiction — Disputes of a
financial character)

(2008/C 51/20)

Language of the case: German

(Case C-161/06) (1)

(Act concerning the conditions of accession to the European
Union — Article 58 — Community legislation — No transla-
tion into the language of a Member State — Enforceability)

(2008/C 51/21)

Language of the case: Czech

Parties

Appellant: Roderich Weißenfels (represented by: G. Maximini,
Rechtsanwalt)

Referring court

Other party to the proceedings: European Parliament (represented
by: L.G. Knudsen, M. Ecker and U. Rösslein, Agents)

Krajský soud v Ostravě

Re:

Appeal brought against the judgment of
the Court of First
Instance (First Chamber) of 25 January 2006 in Case T-33/04
Roderich Weißenfels v Parliament, whereby the Court of First
Instance dismissed the appellant's application for annulment of
the decision of the Parliament of 26 June 2003 deducting from
the sum of the double dependent child allowance, granted to
the appellant under Article 67(3) of the Staff Regulations of offi-
cials of the European Communities, the amount of an allowance
of like nature received from another source — Conditions for
the application of the rule against overlapping referred to in
Article 67(2) of the Staff Regulations — meaning of ‘allowances
of like nature’

Operative part of the judgment

The Court:

1. Sets aside the judgment of

the
European Communities of 25 January 2006 in Case T-33/04
Roderich Weißenfels v European Parliament.

the Court of First

Instance of

2. Annuls the decisions of the European Parliament of 26 June 2003

and 28 April 2004.

3. Orders the European Parliament

to pay to Mr Weißenfels the
arrears of dependent child allowances which he should have received
as from 1 July 2003, together with interest at the statutory rate.

4. Orders the European Parliament to bear its own costs and to pay
the costs incurred by Mr Weißenfels before the Court of First
Instance of the European Communities and the Court of Justice of
the European Communties.

(1) OJ C 108, 6.5.2006.

Parties to the main proceedings

Applicant: Skoma-Lux sro

Defendant: Celní ředitelství Olomouc

Re:

Reference for a preliminary ruling — Krajský soud v Ostravě
(Czech Republic) — Interpretation of Article 58 of the Act
concerning the conditions of accession of the Czech Republic,
the Republic of Estonia, the Republic of Cyprus, the Republic of
Latvia, the Republic of Lithuania, the Republic of Hungary, the
Republic of Malta, the Republic of Poland, the Republic of
Slovenia and the Slovak Republic and the adjustments to the
Treaties on which the European Union is founded (OJ 2003
L 236, p. 33) — Imposition of a fine on a Czech importing
undertaking for making a customs declaration containing incor-
rect information, pursuant to Regulation (EEC) No 2454/93
which had not yet been published in Czech in the Official
Journal of the European Union

Operative part of the judgment

1. Article 58 of the Act concerning the conditions of accession to the
European Union of the Czech Republic, the Republic of Estonia,
the Republic of Cyprus, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
the Republic of Slovenia and the Slovak
Republic of Poland,
Republic and the adjustments
to the Treaties on which the
European Union is founded, precludes the obligations contained in
Community legislation which has not been published in the Official
Journal of the European Union in the language of a new Member
State, where that language is an official language of the European
Union,
from being imposed on individuals in that State, even
though those persons could have learned of that legislation by other
means.

C 51/14

EN

Official Journal of the European Union

23.2.2008

2. In holding that a Community regulation which is not published in
the language of a Member State is unenforceable against indivi-
duals in that State, the Court is interpreting Community law for
the purposes of Article 234 EC.

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

own costs.

(1) OJ C 154, 1.7.2007.

(1) OJ C 154, 1.7.2006.

Judgment of the Court (Sixth Chamber) of 13 December
2007 — Kingdom of Spain v Council of the European
Union

(Case C-184/06) (1)

(Fisheries — Regulation (EC) No 51/2006 — Allocation of
catch quotas among Member States — Act of Accession of
the Kingdom of Spain — End of the transitional period —
Requirement of relative stability — Principle of non-discrimi-
nation — New fishing opportunities)

(2008/C 51/22)

Language of the case: Spanish

Parties

Judgment of the Court (Second Chamber) of 18 December
the European Communities v
2007 — Commission of

Kingdom of Spain

(Case C-186/06) (1)

(Failure of a Member State to fulfil obligations — Directive
79/409/EEC — Conservation of wild birds — Irrigable area
of the Segarra-Garrigues Canal (Lleida))

(2008/C 51/23)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and A. Alcover San Pedro, Agents,)

Defendant: Kingdom of Spain (represented by: F. Díez Moreno,
Agent)

Applicant: Kingdom of Spain (represented by: N. Díaz Abad,
Agent)

Re:

Defendant: Council of the European Union (represented by: A.
De Gregorio Merino and A. Westerhof Löfflerova, Agents)

in support of

Intervener
the
European Communities (represented by: T. van Rijn and F.
Jimeno Fernández, Agents)

the defendant): Commission of

Re:

Annulment of Council Regulation (EC) No 51/2006 of
22 December 2005 fixing for 2006 the fishing opportunities
and associated conditions for certain fish stocks and groups of
fish stocks, applicable in Community waters and,
for Com-
munity vessels, in waters where catch limitations are required
(OJ 2006 L 16, p. 1) — Discrimination — Application of
Article 20(2) of Council Regulation (EC) No 2371/2002 of
20 December 2002 on the conservation and sustainable exploi-
tation of fisheries resources under the Common Fisheries Policy
(OJ 2002 L 358, p. 59)

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 2, 3 and 4(1) and (4) of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds
(OJ 1979 L 103, p. 1) — Plan to irrigate the irrigable area of
the Segarra-Garrigues Canal (Lleida)

Operative part of the judgment

The Court:

1. Declares that, by authorising the irrigation project in the irrigable
area of the Segarra-Garrigues Canal in the Province of Lleida, the
Kingdom of Spain has failed to fulfil its obligations under the first
sentence of Article 4(4) of Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds to take appropriate
measures to avoid, in the areas affected by that project which ought
to have been classified as special protection areas, the prohibited
disturbances;

2. Dismisses the action as to the remainder;

Operative part of the judgment

3. Orders each party to bear its own costs.

The Court:

1. Dismisses the action;

2. Orders the Kingdom of Spain to pay the costs;

(1) OJ C 154, 1.7.2006.