Case C-70/06: Judgment of the Court (First Chamber) of 10 January 2008 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Non-compliance — Financial penalty)
Date: 2008-01-10
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, award of contract, enforcement of ruling, fine, judgment of the Court (EU), national implementing measure, public contract, supplies contract, works contract

C 64/6

EN

Official Journal of the European Union

8.3.2008

3. Orders Cofradía de pescadores ‘San Pedro’ de Bermeo and the other
applicants, whose names are set out in the Annex to the judgment
of the Court of First Instance of the European Communities of
19 October 2005 in Case T-415/03 Cofradía de pescadores ‘San
Pedro’ de Bermeo and Others v Council, and the Council of the
European Union, to bear their own costs;

4. Orders the Commission of the European Communities to bear its

own costs.

(1) OJ C 60, 11.3.2006.

Judgment of the Court (Third Chamber) of 17 January
2008 (reference
a preliminary ruling from the
Finanzgericht Hamburg, Germany) — Viamex Agrar
Handels GmbH (C-37/06), Zuchtvieh-Kontor GmbH (ZVK)
(C-58/06) v Hauptzollamt Hamburg-Jonas

for

(Joined Cases C-37/06 and C-58/06) (1)

(Regulation (EC) No 615/98 — Directive 91/628/EEC —
Export refunds — Protection of bovine animals during trans-
port — Payment of export refunds for bovine animals subject
to compliance with Directive 91/628/EEC — Principle of
proportionality — Forfeiture of export refunds)

ture of a refund as a result of a failure to observe prescribed rest
periods during the transport of the animals

Operative part of the judgment

1) Consideration of the first question has disclosed nothing capable of
casting doubt on the validity of Article 1 of Commission Regu-
lation (EC) No 615/98 of 18 March 1998 laying down specific
detailed rules of application for the export refund arrangements as
regards the welfare of live bovine animals during transport.

2) Consideration of the second question has disclosed nothing capable
of casting doubt on the validity of Article 5(3) of Regulation
No 615/98 in the light of the principle of proportionality. It is for
the Finanzgericht Hamburg to assess whether
competent
authorities have applied the relevant provisions of Regulation
No 615/98 in a manner that is consonant with that principle.

the

(1) OJ C 96, 22.4.2006.

Judgment of the Court (First Chamber) of 10 January 2008
v
— Commission

European Communities

the

of
Portuguese Republic

(2008/C 64/06)

Language of the case: German

(Case C-70/06) (1)

(Failure of a Member State to fulfil obligations — Judgment
of the Court establishing the failure of a Member State to
fulfil its obligations — Non-compliance — Financial penalty)

Referring court

Finanzgericht Hamburg

(2008/C 64/07)

Language of the case: Portuguese

Parties to the main proceedings

Parties

Applicants: Viamex Agrar Handels GmbH (C-37/06), Zuchtvieh-
Kontor GmbH (ZVK) (C-58/06)

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis, A. Caeiros and P. Andrade, Agents)

Defendant: Hauptzollamt Hamburg-Jonas

Defendant: Portuguese Republic (represented by: L. Fernandes,
P. Fragoso Martins and J. A. de Oliveira, Agents)

Re:

Re:

Reference for a preliminary ruling — Finanzgericht Hamburg —
Validity of Articles 1 and 5(3) of Commission Regulation (EC)
No 615/98 of 18 March 1998 laying down specific detailed
rules of application for the export refund arrangements as
regards the welfare of
live bovine animals during transport
(OJ 1998 L 82, p. 19) — Payment of export refunds for bovine
animals subject to compliance with the provisions of Council
Directive 91/628/EEC of 19 November 1991 on the protection
of
amending Directives
90/425/EEC and 91/496/EEC (OJ 1991 L 340, p. 17) — Forfei-

transport

animals

during

and

Failure of a Member State to fulfil obligations — Article 228 EC
— Failure to comply with the judgment of the Court of Justice
of 14 October 2004 in Case C-275/03 — Imperfect transposi-
tion into domestic law of Council Directive 89/665/EEC of
21 December 1989 on the coordination of the laws, regulations
and administrative provisions relating to the application of
review procedures to the award of public supply and public
works contracts (OJ 1989 L 395, p. 33) — Request that a
penalty should be fixed

8.3.2008

EN

Official Journal of the European Union

C 64/7

Operative part of the judgment

The Court:

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Currall and L. Lozano Palacios,
Agents)

1) Declares that, by failing to repeal Decree-Law No 48 051 of
21 November 1967, making the award of damages to persons
injured by a breach of Community law relating to public contracts,
or the national laws implementing it, conditional on proof of fault
or fraud, the Portuguese Republic has failed to adopt the measures
necessary to comply with the judgment of 14 October 2004 in
Case C-275/03 Commission v Portugal and has thereby failed to
fulfil its obligations under Article 228(1) EC;

2) Orders the Portuguese Republic to pay to the Commission of the
‘European Community
into the account
European Communities,
own resources’, a penalty payment of EUR 19 392 for every day
of delay in implementing the measures necessary to comply with
the judgment in Case C-275/03 Commission v Portugal, from the
day on which the Court of Justice delivers judgment in the present
case until the day on which the judgment in Case C-275/03
Commission v Portugal is complied with;

3) Orders the Portuguese Republic to pay the costs.

(1) OJ C 86, 8.4.2006.

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 22 February 2006 in Case T-342/04 Herta Adam v
Commission dismissing an action seeking the annulment of the
Commission decision of 22 September 2003 refusing the appli-
cant the benefit of the expatriation allowance provided for by
Article 4 of Annex VII to the Staff Regulations of Officials of
the European Communities

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Adam to pay the costs.

(1) OJ C 165, 15.7.2006.

Judgment of the Court (Eighth Chamber) of 24 January 2008
the European
— Herta Adam v Commission of

Communities

(Case C-211/06 P) (1)

(Appeal — Officials — Remuneration — Expatriation allow-
ance — Condition provided for by the second indent of Article
4(1)(a) of Annex VII to the Staff Regulations — Definition of
‘work done for another State’)

(2008/C 64/08)

Language of the case: French

Judgment of the Court (Fourth Chamber) of 17 January
2008 (reference for a preliminary ruling from the Juzgado
de lo Social Único de Algeciras (Spain)) — Josefa Velasco
Navarro v Fondo de Garantía Salarial (Fogasa)

(Case C-246/06) (1)

(Social policy — Protection of workers in the event of insol-
vency of their employer — Directive 80/987/EEC amended by
Directive 2002/74/EC — Direct effect — Compensation for
unfair dismissal agreed under a judicial conciliation settlement
— Payment guaranteed by the guarantee institution —
Payment conditional upon the adoption of a judicial decision)

(2008/C 64/09)

Language of the case: Spanish

Parties

Appellant: Herta Adam (represented by: S. Orlandi and J.-N.
Louis, avocats)

Juzgado de lo Social Único de Algeciras

Referring court