Case C-464/06: 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 (Agriculture — System of export refunds on agricultural products — Regulation (EC) No 800/1999 — Article 5 — Lodging the export declaration — Transmission by fax)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: customs formalities, customs inspection, customs regulations, export, facsimile, interpretation of the law

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

22.12.2007

EN

Official Journal of the European Union

C 315/21

Operative part of the judgment

Operative part of the judgment

Article 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, as amended by
Commission Regulation (EC) No 90/2001 of 17 January 2001,
must be interpreted as not precluding the competent customs authori-
ties from accepting an export declaration for agricultural products
which was transmitted by fax, where that
transmission took place
before loading for export transport, where the declaration transmitted
contains all the information necessary to enable physical checks to be
carried out on the goods exported and the export operation concerned
is not vitiated by any fraud or attempted fraud. Such is the case where
the goods covered by the export declaration transmitted by fax have
arrived in the third country of destination and the original declaration
subsequently transmitted is identical to the declaration transmitted by
fax. It is for the national court to ascertain whether those conditions
are satisfied in the main proceedings.

The Court:

1. Declares that, by failing to adopt, within the period prescribed, the
laws, regulations and administrative provisions necessary to comply
with Council Directive 2003/110/EC of 25 November 2003 on
assistance in cases of transit for the purposes of removal by air,
with the exception of Article 5(2) of that directive, the Kingdom of
Belgium has failed to fulfil its obligations thereunder;

2. Dismisses

the action in respect of

the

failure

to transpose

Article 5(2) of Directive 2003/110;

3. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 326, 30.12.2006.

(1) OJ C 69, 24.3.2007.

Judgment of the Court (Eighth Chamber) of 8 November
the European Communities v
2007 — Commission of

Kingdom of Belgium

(Case C-3/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/110/EC — Assistance in cases of transit — Removal by
air — Failure to transpose within the period prescribed)

Judgment of the Court (Eighth Chamber) of 8 November
the European Communities v
2007 — Commission of

Italian Republic

(Case C-40/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/42/EC — Assessment of the effects of certain plans and
programmes on the environment — Failure to transpose
within the period prescribed)

(2007/C 315/35)

Language of the case: French

(2007/C 315/36)

Language of the case: Italian

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, Agents)

Defendant: Kingdom of Belgium (represented by: S. Raskin,
Agent)

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and J.-B. Laignelot, Agents)

Italian Republic (represented by:
Defendant:
Agent, and S. Fiorentino, avvocato dello Stato)

I. M. Braguglia,

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, the measures necessary to
comply with Council Directive 2003/110/EC of 25 November
2003 on assistance in cases of
for the purposes of
removal by air (OJ 2003 L 321, p. 26)

transit

Failure of a Member State to fulfil obligations — Failure to
adopt, within the period prescribed, all the measures necessary
the European
to comply with Directive 2001/42/EC of
Parliament and of the Council of 27 June 2001 on the assess-
ment of the effects of certain plans and programmes on the
environment (OJ 2001 L 197, p. 30)