Case C-112/05: Judgment of the Court (Grand Chamber) of 23 October 2007 — Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Article 56 EC — Legislative provisions concerning the public limited company Volkswagen)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, board of directors, free movement of capital, right of establishment, share capital

22.12.2007

EN

Official Journal of the European Union

C 315/5

Judgment of the Court (First Chamber) of 18 October 2007
— Nordspedizionieri di Danielis Livio & C. Snc, in liquida-
the
tion, Domenico D'Alessandro v Commission of

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

Federal Republic of Germany

European Communities

(Case C-62/05 P) (1)

(Case C-112/05) (1)

(Appeal — Regulation (EEC) No 1430/79 — Remission of
import duties — Consignment of cigarettes destined for Spain
— Fraud committed in a Community transit operation)

(2007/C 315/07)

Language of the case: Italian

of a Member State

obligations —
(Failure
Article 56 EC — Legislative provisions concerning the public
limited company Volkswagen)

fulfil

to

(2007/C 315/08)

Language of the case: German

Parties

Appellants: Nordspedizionieri di Danielis Livio & C. Snc, in liqui-
dation, Livio Danielis and Domenico D'Alessandro (represented
by: G. Leone, lawyer)

Parties

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

Defendant: Federal Republic of Germany (represented by: M.
Lumma and A. Dittrich, Agents, assisted by H. Wissel, Lawyer)

Other party to the proceedings: Commission of
the European
Communities (represented by: X. Lewis, Agent, and G. Bambara,
lawyer)

Re:

Re:

the

annulment of

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 14 December 2004, in Case T-332/02 Nordspedi-
zionieri di Danielis Livio and Others v Commission dismissing an
the Commission decision
action for
(REM 14/01) of 28 June 2002 informing the Italian authorities
that there is no ground for the remission of import duties on a
cargo of cigarettes destined for Spain on the ground that a fraud
committed by third parties in the course of a Community
transit operation does not constitute a special situation justifying
the remission of import duties

Operative part of the judgment

The Court:

1) Dismisses the appeal;

Failure of a Member State to fulfil obligations — Articles 43 EC
and 56 EC — Conditions for the privatisation of Volkswagen-
werk GmbH — Allocation of special rights to certain share-
holders — Mandatory State representation on the supervisory
board of the company, irrespective of the numbers of shares
held

Operative part of the judgment

The Court:

1) Declares that, by maintaining in force Paragraph 4(1), as well as
Paragraph 2(1) in conjunction with Paragraph 4(3), of the Law of
21 July 1960 on the privatisation of equity in the Volkswagenwerk
limited company (Gesetz über die Überführung der Anteilsrechte an
der Volkswagenwerk Gesellschaft mit beschränkter Haftung in
private Hand), in the version applicable to the present dispute, the
Federal Republic of Germany has failed to fulfil
its obligations
under Article 56(1) EC;

2) Dismisses the remainder of the action;

2) Orders Nordspedizionieri di Danielis Livio & C. Snc, in liquidation,

and Mr Danielis and Mr D'Alessandro to pay the costs.

3) Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 82, 2.4.2005.

(1) OJ C 143, 11.6.2005.