Case C-440/06: Judgment of the Court (Fifth Chamber) of 25 October 2007 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 91/271/EEC — Pollution and nuisance — Treatment of urban waste water — Articles 3 and 4)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, urban area, wastewater, water treatment

22.12.2007

EN

Official Journal of the European Union

C 315/19

Re:

Defendant:
kantoor Utrecht

Inspector

van de Belastingdienst Utrecht-Gooi/

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 30 May 2006 in Case T-87/94 J.C. Blom v Council
and Commission by which the Court dismissed an application for
compensation under Article 178 of
the EC Treaty (now
Article 235 EC) and the second paragraph of Article 215 of the
EC Treaty (now the second paragraph of Article 288 EC) for the
loss allegedly suffered as a result of
the applicant's being
prevented from marketing milk pursuant to Council Regulation
(EEC) No 857/84 of 31 March 1984 adopting general rules for
the application of the levy referred to in Article 5c of Regulation
(EEC) No 804/68 in the milk and milk products sector (OJ 1984
L 90, p. 13), as amended by Commission Regulation (EEC)
No 1371/84 of 16 May 1984 laying down detailed rules for the
application of the additional levy referred to in Article 5c of
Regulation No 804/68 (OJ 1984 L 132, p. 11)

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Mr Blom to pay the costs.

(1) OJ C 261 of 28.10.2006.

Re:

Reference for a preliminary ruling — Gerechtshof te Amsterdam
— Interpretation of Article 4(1) of Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonisation of the laws
of the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment (OJ 1977
L 145, p. 1) — Meaning of independent economic activity —
Natural person having the sole activity of actually carrying out
all the work of a private limited company as sole director, share-
holder and member of staff.

Operative part of the judgment

the purposes of

the application of

the second paragraph of
For
Article 4(4) of the Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation of the laws of the Member States relating
to turnover taxes — Common system of value added tax: uniform
basis of assessment, a natural person carrying out all work in the
name and on behalf of a company that is a taxable person pursuant to
a contract of employment binding him to that company of which he is
also the sole shareholder, the sole manager and the sole member of
staff,
is not himself a taxable person within the meaning of
Article 4(1) of that Directive.

Judgment of the Court (Second Chamber) of 18 October
2007 (reference
a preliminary ruling from the
Gerechtshof te Amsterdam (Netherlands)) — J.A. van der
Steen v Inspector van de Belastingdienst Utrecht-Gooi/
kantoor Utrecht

for

(Case C-355/06) (1)

(Sixth VAT Directive — Independent economic activity —
Private limited company — Company's activities carried out
by a natural person as sole director, sole shareholder and sole
member of staff)

(2007/C 315/31)

Language of the case: Dutch

Referring court

Gerechtshof te Amsterdam

Parties to the main proceedings

Applicant: J.A. van der Steen

(1) OJ C 294, 2.12.2006.

Judgment of the Court (Fifth Chamber) of 25 October
the European Communities v
2007 — Commission of

Hellenic Republic

(Case C-440/06) (1)

(Failure of a Member State to fulfil obligations — Directive
91/271/EEC — Pollution and nuisance — Treatment of urban
waste water — Articles 3 and 4)

(2007/C 315/32)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and M. Konstantinidis, Agents)

Defendant: Hellenic Republic (represented by: E. Skandalou,
Agent)

C 315/20

EN

Official Journal of the European Union

22.12.2007

Re:

Failure of a Member State to fulfil obligations — Breach of Arti-
cles 3 and 4 of Council Directive 91/271/EEC of 21 May 1991
concerning urban waste water (OJ 1991 L 135, p. 40) —
Failure to have ensured appropriate treatment of urban waste
water in 24 agglomerations

of Articles 2 and 3 of the decision and Article 10 EC and the
fourth paragraph of Article 249 EC — Obligation to recover aid
deemed illegal — Practical difficulties in calculating the precise
amount of the aid to be recovered and the existence of an appli-
cation brought against the decision of the Commission declaring
the aid illegal have no impact on that obligation

Operative part of the judgment

The Court:

1. Declares that, by failing to ensure that the agglomerations of Arte-
mida, Chrysoupoli,
Igoumenitsa, Heraklion (Crete), Katerini,
Koropi, Lefkimmi, Litochoro (Prieria), Malia, Markopoulo, Megara,
Nea Kidonia (Crete), Navpaktos, Nea Makri, Parikia (Paros),
zone), Tripoli,
Poros-Galatas, Rafina, Thessaloniki
Zakynthos, Alexandria (Imathia), Edessa and Kalymnos are, where
appropriate, provided with collecting systems for urban waste water
meeting the
requirements of Article 3 of Council Directive
91/271/EEC of 21 May 1991 concerning urban waste water
and/or urban waste water treatment systems satisfying the require-
ments of Article 4 of that directive, the Hellenic Republic has failed
to fulfil its obligations under those articles;

(tourist

2. Dismisses the remainder of the action;

3. Orders the Hellenic Republic to pay the costs.

(1) OJ C 310, 16.12.2003.

Judgment of the Court (Fourth Chamber) of 18 October
the European Communities v
2007 — Commission of

French Republic

(Case C-441/06) (1)

(State aid — Duty of recovery — Duty of cooperation)

Operative part of the judgment

The Court:

1. Declares that, by failing to give effect, within the prescribed period,
to Commission Decision 2005/709/EC of 2 August 2004 on the
State aid implemented by France for France Télécom, the French
Republic has failed to fulfil its obligations under Articles 2 and 3
of
that decision, the fourth paragraph of Article 249 EC and
Article 10 EC;

2. Orders the French Republic to pay the costs.

(1) OJ C 310, 16.12.2006.

Judgment of the Court (Third Chamber) of 18 October
2007 (reference for a preliminary ruling from the Korkein
hallinto-oikeus, Finland) — Proceedings brought by Avena
Nordic Grain Oy

(Case C-464/06) (1)

(Agriculture — System of export refunds on agricultural
products — Regulation (EC) No 800/1999 — Article 5 —
Lodging the export declaration — Transmission by fax)

(2007/C 315/34)

Language of the case: Finnish

(2007/C 315/33)

Language of the case: French

Referring court

Korkein hallinto-oikeus

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Giolito, acting as Agent)

Parties to the main proceedings

Applicant Avena Nordic Grain Oy

Defendant: French Republic (represented by: G. de Bergues and S.
Ramet, Agents)

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to give
effect, within the prescribed period, to Commission Decision
2005/709/EC of 2 August 2004 on the State aid implemented
by France for France Télécom (OJ 2005 L 269, p. 30) — Breach

Reference for a preliminary ruling — Korkein hallinto-oikeus —
Interpretation of Article 5(5) of Commission Regulation (EC)
No 800/1999 of 15 April 1999 laying down common detailed
rules for the application of the system of export refunds on
agricultural products (OJ 1999 L 102, p. 11) — Failure to take
account of an export declaration sent by fax, the original not
reaching the authorities concerned until after loading operations
— Principles of proportionality and good administration