Case C-440/05: Judgment of the Court (Grand Chamber) of 23 October 2007 — Commission of the European Communities v European Parliament (Action for annulment — Articles 31(1)(e) EU, 34 EU and 47 EU — Framework Decision 2005/667/JHA — Enforcement of the law against ship-source pollution — Criminal penalties — Community competence — Legal basis — Article 80(2) EC)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: Council of the European Union, action for annulment (EU), penalty, pollution control measures, pollution from ships

22.12.2007

EN

Official Journal of the European Union

C 315/9

Re:

Re:

Annulment of the Commission decision approving a project
relating to border security in the Philippines (ASIA/2004/016-
924; budgetary line 19 10 02) adopted in implementation of
Council Regulation (EEC) No 443/92 of 25 February 1992 on
financial and technical assistance to, and economic cooperation
the developing countries in Asia and Latin America
with,
(OJ 1992 L 52, p. 1)

Operative part of the judgment

The Court :

1. Annuls the decision of the Commission of the European Commu-
nities approving a project relating to border security in the Republic
of the Philippines to be financed by budget line 19 10 02 in the
general budget of the European Communities (Philippines Border
Management Project, No ASIA/2004/016-924);

2. Orders the Commission of the European Communities to pay the

costs;

3. Orders the Kingdom of Spain to bear its own costs.

(1) OJ C 10, 14.1.2006.

for a preliminary ruling — Commissione tributaria
Request
regionale di Genova — Interpretation of Article 21(3) of
Council Regulation No 2082/93 of 20 July 1993 amending
Regulation (EEC) No 4253/88 laying down provisions for imple-
menting Regulation (EEC) No 2052/88 as regards coordination
of the activities of the different Structural Funds between them-
selves and with the operations of the European Investment Bank
and the other existing financial instruments (OJ 1993 L 193,
p. 20) — Compatibility of a national provision which takes into
account Community funds received in the assessment of taxable
income

Operative part of the judgment

The second subparagraph of Article 21(3) of Council Regulation
(EEC) No 4253/88 of 19 December 1988 laying down provisions
for implementing Regulation (EEC) No 2052/88 as regards coordina-
tion of the activities of the different Structural Funds between them-
selves and with the operations of the European Investment Bank and
the other existing financial instruments, as amended by Council Regu-
lation (EEC) No 2082/93 of 20 July 1993, must be interpreted as
meaning that it does not preclude a national tax provision such as
Article 55(3)(b) of Decree No 917 of the President of the Republic of
22 December 1986, which includes grants paid by the Community
Structural Funds in the assessment of taxable income.

(1) OJ C 36, 11.2.2006.

Judgment of the Court (Fourth Chamber) of 25 October
2007 (reference
a preliminary ruling from the
Commissione tributaria regionale di Genova (Italy)) —
Agenzia delle Entrate — Ufficio di Genova 1 v Porto
Antico di Genova SpA

for

(Case C-427/05) (1)

(Structural Funds — Regulation (EEC) No 4253/88 —
Second subparagraph of Article 21(3) — Prohibition of
deduction — Calculation of taxable income — Taking account
of Community grants received)

(2007/C 315/14)

Language of the case: Italian

Judgment of the Court (Grand Chamber) of 23 October
the European Communities v
2007 — Commission of

European Parliament

(Case C-440/05) (1)

(Action for annulment — Articles 31(1)(e) EU, 34 EU and
47 EU — Framework Decision 2005/667/JHA — Enforce-
ment of the law against ship-source pollution — Criminal
penalties — Community competence — Legal basis —
Article 80(2) EC)

(2007/C 315/15)

Language of the case: French

Referring court

Commissione tributaria regionale di Genova

Parties

Parties to the main proceedings

Applicant: Commission of the European Communities (repre-
sented by: W. Bogensberger and R. Troosters, Agents)

Applicant: Agenzia delle Entrate — Ufficio di Genova 1

Defendant: Porto Antico di Genova SpA

Intervener in support of the applicant: European Parliament (repre-
sented by: M. Gómez-Leal,
J. Rodrigues and A. Auersperger
Matić, Agents)

C 315/10

EN

Official Journal of the European Union

22.12.2007

Defendant: Council of the European Union (represented by: J.-C.
Piris and J. Schutte, and by K. Michoel, Agents)

Interveners in support of the defendant: Kingdom of Belgium (repre-
sented by M. Wimmer, Agent), Czech Republic (represented by
T. Boček, Agent), Kingdom of Denmark (represented by J.
Molde, Agent), Republic of Estonia (represented by L. Uibo,
Agent), Hellenic Republic (represented by S. Chala and A.
Samoni-Rantou, Agents), French Republic (represented by E.
Belliard, G. de Bergues and S. Gasri, Agents), Ireland (represented
by D. O'Hagan, E. Fitzsimons and N. Hyland, Agents), Republic
of Latvia (represented by E. Balode-Buraka and E. Broks,
Agents), Republic of Lithuania (represented by D. Kriaučiūnas,
Agent), Republic of Hungary (represented by P. Gottfried,
Agent), Republic of Malta (represented by S. Camilleri, Agent,
and P. Grech, Deputy Attorney General), Kingdom of
the
Netherlands (represented by H.G. Sevenster and M. de Grave,
Agents), Republic of Austria (represented by C. Pesendorfer,
Agent), Republic of Poland (represented by E Ośniecka-Tamecka,
Agent), Portuguese Republic (represented by L. Fernandes and
M.L. Duarte, Agents), Slovak Republic (represented by R.
Procházka, Agent), Republic of Finland (represented by E.
Bygglin, Agent), Kingdom of Sweden (represented by K.
Wistrand, Agent), United Kingdom of Great Britain and
Northern Ireland (represented by E. O'Neill, D.J. Rhee and D.
Anderson, Agents),

Re:

Annulment of Council Framework Decision 2005/667/JHA of
12 July 2005 to strengthen the criminal-law framework for the
enforcement of the law against ship source pollution (OJ 2005
L 255, p. 164)

Operative part of the judgment

The Court:

1) Annuls Council Framework Decision 2005/667/JHA of 12 July
2005 to strengthen the criminal-law framework for the enforce-
ment of the law against ship-source pollution;

2) Orders the Council of the European Union to pay the costs;

3) Orders the Kingdom of Belgium, the Czech Republic, the Kingdom
of Denmark, the Republic of Estonia, the Hellenic Republic, the
French Republic, Ireland, the Republic of Latvia, the Republic of
Lithuania, the Republic of Hungary, the Republic of Malta, the
Kingdom of the Netherlands, the Republic of Austria, the Republic
of Poland,
the
Republic of Finland, the Kingdom of Sweden, and the United
Kingdom of Great Britain and Northern Ireland and also the
European Parliament to bear their own costs.

the Portuguese Republic,

the Slovak Republic,

(1) OJ 2006 C 22.

Judgment of the Court (Fourth Chamber) of 4 October
2007 (reference for
a preliminary ruling from the
Landgericht Wiesbaden — Germany) — Schutzverband der
Spirituosen-Industrie eV v Diageo Deutschland GmbH

(Case C-457/05) (1)

(Free movement of goods — Directive 75/106/EEC —
Approximation of the laws of the Member States — Liquids
in prepackages — Making up by volume — Article 5(3)(b)
and (d) — Baileys Minis — Marketing in prepackages with a
nominal volume of 0,071 litre)

(2007/C 315/16)

Language of the case: German

Referring court

Landgericht Wiesbaden

Parties to the main proceedings

Applicant: Schutzverband der Spirituosen-Industrie eV

Defendant: Diageo Deutschland GmbH

Re:

Preliminary ruling — Landgericht Wiesbaden — Interpretation
of Articles 28 EC and 30 EC — Validity of the second sentence
of the second paragraph of Article 5(3)(b), in conjunction with
Article 5(3)(d) and Annex III, section 4, of Council Directive
75/106/EEC of 19 December 1974 on the approximation of
the laws of the Member States relating to the making-up by
volume of certain prepackaged liquids (OJ 1975 L 42, p. 1), as
amended — Prohibition on the marketing in other Member
States of alcoholic drinks in packaging with a volume of
0,071 litre which are lawfully manufactured and marketed in
Ireland or the United Kingdom — Baileys Minis

Operative part of the judgment

the Republic of Latvia,

On a proper construction of Article 5(3)(b) of Council Directive
75/106/EEC of 19 December 1974 on the approximation of the
laws of the Member States relating to the making-up by volume of
certain prepackaged liquids, as amended by the Act concerning the
conditions of accession of the Czech Republic, the Republic of Estonia,
the Republic of
the Republic of Cyprus,
Lithuania,
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, prepackages with a nominal volume of 0,071 litre which
contain one of the products listed in section 4 of Annex III to that
directive and which are lawfully manufactured and marketed in Ireland
or the United Kingdom may also be marketed in the other EC Member
States.

the Republic of Hungary,

the Republic of Malta,