Case C-19/07: Judgment of the Court (First Chamber) of 17 January 2008 (reference for a preliminary ruling from the Cour de cassation (France)) — Paul Chevassus-Marche v Groupe Danone, Société Kro beer brands SA (BKSA), Société Evian eaux minérales d'Evian SA (SAEME) (Approximation of laws — Directive 86/653/EEC — Self-employed commercial agents — Right of an agent entrusted with a specific geographical area to a commission — Transactions concluded without any action on the part of the principal)
Date: 2008-01-17
Institutions: Court of Justice
Subjects: commercial transaction, interpretation of the law, remuneration of work, sales occupation, trade intermediary

8.3.2008

EN

Official Journal of the European Union

C 64/11

Defendant: Republic of Finland (represented by: A. Guimaraes-
Purokoski, Agent)

Re:

electronic

Failure to fulfil obligations under Article 8(1), (2)(b) and 3(c) of
Directive 2002/21/EC of the European Parliament and of the
Council of 7 March 2002 on a common regulatory framework
for
services
(OJ 2002 L 108, p. 33) and under Article 8(1) and (4) of Direc-
tive 2002/19/EC of the European Parliament and of the Council
of 7 March 2002 on access to, and interconnection of, elec-
tronic
and associated facilities
(‘Access’ Directive) (OJ 2002 L 108, p. 7)

communications networks

communications

networks

and

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of

the European Communities and the

Republic of France to bear their own costs.

(1) OJ C 294, 2.12.2006.

Judgment of the Court (First Chamber) of 24 January 2008
(reference for a preliminary ruling from the Simvoulio tis
Epikratias, Greece) — Emm. G. Lianakis AE, Sima Anonymi
Techniki Etairia Meleton kai
Epivlepseon, Nikolaos
Vlachopoulos v Dimos Alexandroupolis, Planitiki AE,
Aikaterini Georgoula, Dimitrios Vasios, N. Loukatos kai
Synergates AE Meleton, Eratosthenis Meletitiki AE, A.
Pantazis — Pan. Kyriopoulos kai syn/tes OS Filon OE,
Nikolaos Sideris

(Case C-532/06) (1)

(Directive 92/50/EEC — Public service contracts — Carrying
out of a project in respect of the cadastre, town plan and
implementing measure for a residential area — Criteria which
may be accepted as ‘criteria for qualitative selection’ or ‘award
criteria’ — Economically most advantageous
tender —
Compliance with the award criteria set out in the contract
documents or contract notice — Subsequent determination of
weighting factors and sub-criteria in respect of the award
criteria referred to in the contract documents or contract
notice — Principle of equal treatment of economic operators
and obligation of transparency)

(2008/C 64/15)

Language of the case: Greek

Referring court

Simvoulio tis Epikratias

Parties to the main proceedings

Applicants: Emm. G. Lianakis AE, Sima Anonymi Techniki Etairia
Meleton kai Epivlepseon, Nikolaos Vlachopoulos

Defendants: Dimos Alexandroupolis, Planitiki AE, Aikaterini
Georgoula, Dimitrios Vasios, N. Loukatos kai Synergates AE
Meleton, Eratosthenis Meletitiki AE, A. Pantazis — Pan. Kyrio-
poulos kai syn/tes OS Filon OE, Nikolaos Sideris

Re:

Reference for a preliminary ruling — Simvoulio tis Epikratias —
Interpretation of Article 36 of Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for the
award of public service contracts (OJ 1992 L 209, p. 1) —
Criteria for awarding contract — Subsequent
the
specific weighting for each criterion when the award procedure
was already under way

fixing of

Operative part of the judgment

Read in the light of the principle of equal treatment of economic opera-
tors and the ensuing obligation of
transparency, Article 36(2) of
Council Directive 92/50/EEC of 18 June 1992 relating to the coordi-
the award of public service contracts, as
nation of procedures for
amended by European Parliament and Council Directive 97/52/EC of
13 October 1997, precludes the contracting authority in a tendering
procedure from stipulating at a later date the weighting factors and
sub-criteria to be applied to the award criteria referred to in the
contract documents or contract notice.

(1) OJ C 56, 10.3.2007.

Judgment of the Court (First Chamber) of 17 January 2008
(reference for a preliminary ruling from the Cour de cassa-
tion (France)) — Paul Chevassus-Marche v Groupe Danone,
Société Kro beer brands SA (BKSA), Société Evian eaux
minérales d'Evian SA (SAEME)

(Case C-19/07) (1)

(Approximation of
laws — Directive 86/653/EEC —
Self-employed commercial agents — Right of an agent
entrusted with a specific geographical area to a commission
— Transactions concluded without any action on the part of
the principal)

(2008/C 64/16)

Language of the case: French

Referring court

Cour de cassation

Parties to the main proceedings

Applicant: Paul Chevassus-Marche

C 64/12

EN

Official Journal of the European Union

8.3.2008

Defendants: Groupe Danone, Société Kro beer brands SA (BKSA),
Société Evian eaux minérales d'Evian SA (SAEME)

Parties to the main proceedings

Re:

Reference for a preliminary ruling — Cour de cassation — Inter-
pretation of Article 7(2) of Council Directive 86/653/EEC of
18 December 1986 on the coordination of the laws of the
Member States relating to self-employed commercial agents
(OJ 1986 L 382, p. 17) — Termination of the agency contract
— Commission owed to a commercial agent entrusted with a
specific geographical area or group of persons — Whether there
is a right to that commission in the absence of any control,
direct or indirect, by the principal over transactions between a
third party and a customer belonging to the geographical area
entrusted to the agent

Applicant: NV Lammers & Van Cleeff

Defendant: Belgische Staat

Re:

Reference for a preliminary ruling — Rechtbank van eerste
aanleg te Antwerpen — Interpretation of Articles 12 EC, 43 EC,
46 EC, 48 EC, 56 EC and 58 EC — National fiscal legislation
reclassifying as taxable dividends interest paid by a subsidiary by
way of remuneration in respect of loans provided by the parent
company established in another Member State, but not reclassi-
fying such interest as taxable dividends when paid to a company
established in Belgium

Operative part of the judgment

Operative part of the judgment

first

The
indent of Article 7(2) of Directive 86/653/EEC of
18 December 1986 on the coordination of the laws of the Member
States relating to self-employed commercial agents must be interpreted
as meaning that a commercial agent entrusted with a specific geogra-
phical area does not have the right to a commission for transactions
concluded by customers belonging to that area without any action,
direct or indirect, on the part of the principal.

(1) OJ C 69, 24.3.2007.

Articles 43 EC and 48 EC preclude national legislation, such as that
at issue in the main proceedings, under which interest payments made
by a company resident in a Member State to a director which is a
company established in another Member State are reclassified as divi-
dends and are, on that basis, taxable, where, at the beginning of the
taxable period, the total of the interest-bearing loans is higher than
the paid-up capital plus taxed reserves, whereas, in the same circum-
stances, where those interest payments are made to a director which is
a company established in the same Member State, those payments are
not reclassified as dividends and are, on that basis, not taxable.

(1) OJ C 95, 28.4.2007.

Judgment of the Court (Fourth Chamber) of 17 January
2008 (reference
a preliminary ruling from the
Rechtbank van eerste aanleg te Antwerpen, Belgium) —
NV Lammers & Van Cleeff v Belgische Staat

for

(Case C-105/07) (1)

(Freedom of establishment — Free movement of capital —
Tax legislation — Corporation tax — Interest paid by a
subsidiary on funds lent by the parent company established in
another Member State — Reclassification of the interest as
taxable dividends — No such reclassification where interest
payments are made to a resident company)

(2008/C 64/17)

Language of the case: Dutch

Judgment of the Court (Sixth Chamber) of 17 January 2008
— Commission of the European Communities v Hellenic
Republic

(Case C-342/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
2002/91/EC — Energy policy — Energy saving — Failure to
transpose within the prescribed period)

(2008/C 64/18)

Language of the case: Greek

Parties

Referring court

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and M.B. Schima, acting as Agents)

Rechtbank van eerste aanleg te Antwerpen

Defendant: Hellenic Republic (represented by: N. Dafniou, Agent)