Case C-457/05: 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 (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)
Date: 2007-12-22
Institutions: Court of Justice
Subjects: Ireland, United Kingdom, free movement of goods, interpretation of the law, marketing standard, preparation for market

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,

22.12.2007

EN

Official Journal of the European Union

C 315/11

The final sentence of the second subparagraph of Article 5(3)(b) of
Directive 75/106, as amended by that act, read in conjunction with
Article 5(3)(d) thereof is invalid in so far as it excludes the nominal
volume of 0,071 litre from the harmonised Community range of
nominal volumes appearing in column I of section 4 of Annex III to
that directive.

from that tax available for family undertakings those undertakings
which employ in the three years preceding the date of death of the
deceased at least five workers in another Member State, whereas it
grants such an exemption where the workers are employed in a region
of the first Member State.

(1) OJ C 131, 3.6.2007.

(1) OJ C 74, 25.3.2006.

Judgment of the Court (Fourth Chamber) of 25 October
a preliminary ruling from the
2007 (reference
Rechtbank van eerste aanleg te Hasselt — Belgium) —
Maria Geurts, Dennis Vogten v Administratie van de BTW,
registratie en domeinen, Belgische Staat

for

Judgment of the Court (Grand Chamber) of 23 October
for a preliminary ruling from the
2007 (references
Verwaltungsgericht Aachen (Germany)) — Rhiannon
Morgan (C-11/06) v Bezirksregierung Köln, Iris Bucher
(C-12/06) v Landrat des Kreises Düren

(Case C-464/05) (1)

(Joined Cases C-11/06 and C-12/06) (1)

(Articles 43 EC and 56 EC — National tax legislation —
Inheritance tax — Family company — Exemption — Condi-
tions — Employment of a certain number of workers in a
region of a Member State)

(2007/C 315/17)

Language of the case: Dutch

(Citizenship of the Union — Articles 17 EC and 18 EC —
Refusal to award an education or training grant to nationals
of Member States pursuing their studies in another Member
State — Requirement of continuation between studies pursued
in another Member State and those pursued previously for at
least one year in an establishment in the student's Member
State of origin)

Referring court

Rechtbank van eerste aanleg te Hasselt

Parties to the main proceedings

Applicants: Maria Geurts, Dennis Vogten

(2007/C 315/18)

Language of the case: German

Referring court

Verwaltungsgericht Aachen

Defendant: Administratie van de BTW, registratie en domeinen,
Belgische Staat

Parties to the main proceedings

Re:

Preliminary ruling — Burgerlijke Rechtbank van eerste aanleg te
Hasselt — Interpretation of Articles 43 EC and 56 EC — Inheri-
tance arising in a region of a Member State involving shares in a
family company in another Member State and claims against
that company — Provision for exemption from inheritance tax
if that company has employed at least five full-time workers in
that region during the three years prior to the death of the
deceased — Whether compatible with Articles 43 EC and 56 EC

Operative part of the judgment

In the absence of valid justification, Article 43 EC precludes inheritance
tax legislation of a Member State which excludes from the exemption

Applicants: Rhiannon Morgan (C-11/06), Iris Bucher (C-12/06)

Defendants: Bezirksregierung Köln (C-11/06), Landrat des Kreises
Düren (C 12/06)

Re:

Preliminary ruling — Verwaltungsgericht Aachen — Interpreta-
tion of Articles 17 EC and 18 EC — Refusal to award an educa-
tion or training grant (‘Ausbildungsförderung’) to a national
who is residing and pursuing studies in another Member State
on the ground that that national has not completed at least the
first year of those studies in an established situated within the
national territory