Case C-449/06: Judgment of the Court (Fourth Chamber) of 14 February 2008 (reference for a preliminary ruling from the Tribunal du travail de Bruxelles (Belgium)) — Sophiane Gysen v Groupe S-Caisse d'Assurances sociales pour indépendants (Officials — Remuneration — Staff Regulations — Family allowances — Calculation of the amount of national family allowances — Determination of the ranking of the children — Child giving rise to entitlement to family allowances under the Staff Regulations)
Date: 2008-02-14
Institutions: Court of Justice
Subjects: European official, family benefit, interpretation of the law, regulations for civil servants, servant (EU), social security

29.3.2008

EN

Official Journal of the European Union

C 79/5

Operative part of the judgment

The Court:

1. Declares that, by maintaining in force measures such as those laid
down in the Supplementary Provision No 27 to Law 55/1999 of
29 December 1999 on fiscal, administrative and social measures,
in the version of that provision in Article 94 of Law 62/2003 of
30 December 2003, which limits the voting rights of shares held
by public bodies in Spanish undertakings operating in the energy
sector, the Kingdom of Spain has failed to fulfil
its obligations
under Article 56 EC.

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 212 of 2.9.2006.

Judgment of the Court (Fourth Chamber) of 14 February
the European Communities v
2008 — Commission of

Hellenic Republic

(Case C-419/06) (1)

(Failure of a Member State to fulfil obligations — State aid
— Obligation to recover)

(2008/C 79/07)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: E. Righini, M. Konstantinidis, D. Triantafyllou and I.
Chatzigiannis, acting as Agents)

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou,
P. Mylonopoulos, acting as Agents, V. Christianos and P. Anestis,
dikigoroi)

Re:

Failure of a Member State to fulfil obligations — Failure to take
measures to comply with Commission Decision C(2005) 2706
of 14 September 2005 on the recovery of aid granted to
Olympic Airlines

Operative part of the judgment

The Court:

1. Declares that, by not

taking, within the prescribed period, all
measures necessary to put an end to aid declared unlawful and

incompatible with the common market by the Commission Decision
of 14 December 2005 concerning State aid granted by Greece to
Olympic Airways and Olympic Airlines, and to recover that aid
its
from the recipients, the Hellenic Republic has failed to fulfil
obligations under Articles 2 to 4 of that decision.

2. Orders the Hellenic Republic to pay the costs.

(1) OJ C 310, 16.12.2006.

Judgment of the Court (Fourth Chamber) of 14 February
2008 (reference for a preliminary ruling from the Tribunal
du travail de Bruxelles (Belgium)) — Sophiane Gysen v
Groupe S-Caisse d'Assurances sociales pour indépendants

(Case C-449/06) (1)

(Officials — Remuneration — Staff Regulations — Family
allowances — Calculation of the amount of national family
allowances — Determination of the ranking of the children —
Child giving rise to entitlement to family allowances under the
Staff Regulations)

(2008/C 79/08)

Language of the case: French

Referring court

Tribunal du travail de Bruxelles (Belgium)

Parties to the main proceedings

Applicant: Sophiane Gysen

Defendant: Groupe S-Caisse d'Assurances sociales pour indépen-
dants

Re:

Reference for a preliminary ruling — Tribunal du travail de
Bruxelles — Interpretation [of Article 67] of Regulation (EEC,
Euratom, ECSC) No 259/68 of the Council of 29 February
1968 laying down the Staff Regulations of Officials and the
Conditions of Employment of Other Servants of the European
Communities (OJ 1968 L 56, p. 1) — Family allowances —
Permissibility of a national
family allowance system which
excludes, from the calculation of the order of the beneficiary
children, children in respect of whom there is entitlement to
family allowances under the Staff Regulations — Legal classifica-
tion of the Staff Regulations of Officials under national law

C 79/6

EN

Official Journal of the European Union

29.3.2008

Operative part of the judgment

Regulation (EEC, Euratom, ECSC) No 259/68 of
the Council of
29 February 1968 laying down the Staff Regulations of Officials and
the Conditions of Employment of Other Servants of
the European
Communities and instituting special measures temporarily applicable to
officials of the Commission, as amended by Council Regulation (EEC,
Euratom, ECSC) No 2074/83 of 21 July 1983, has general applica-
tion, is binding in its entirety and is directly applicable in all Member
States. In view of the direct applicability of that regulation in the legal
systems of the Member States, a child giving rise to entitlement to
family allowances under
the
European Communities must be treated in the same way as a child
giving rise to entitlement to family allowances under national law or
an international social security convention in force in the Member
State concerned.

the Staff Regulations of Officials of

(1) OJ C 326, 30.12.2006.

Judgment of the Court (Third Chamber) of 14 February
2008 (reference for a preliminary ruling from the Conseil
d'État (Belgium)) — Varec SA v Belgian State

(Case C-450/06) (1)

(Public procurement — Review — Directive 89/665/EEC —
Effective review — Meaning — Balance between the adver-
sarial principle and the right to observance of business secrets
— Protection, by the body responsible for the review, of the
confidentiality of information provided by economic operators)

contracts (OJ 1993 L 199, p. 1) and Articles 6 and 41(3) of
Directive 2004/18/EC of the European Parliament and of the
Council of 31 March 2004 on the coordination of procedures
for the award of public works contracts, public supply contracts
and public service contracts (OJ 2004 L 134, p. 114) — Supply
of military material — Balance between the principles that both
parties be heard and that defence rights be complied with and
the right to respect for business secrets and the protection of
sensitive or confidential information.

Operative part of the judgment

Article 1(1) of Council Directive 89/665/EEC of 21 December 1989
on the coordination of the laws, regulations and administrative provi-
sions relating to the application of review procedures to the award of
public supply and public works contracts, as amended by Council
Directive 92/50/EEC of 18 June 1992 relating to the coordination of
procedures for the award of public service contracts, read in conjunction
with Article 15(2) of Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply contracts, as
amended by European Parliament and Council Directive 97/52/EC of
13 October 1997, must be interpreted as meaning that the body
responsible for the reviews provided for in Article 1(1) must ensure
that confidentiality and business secrecy are safeguarded in respect of
information contained in files communicated to that body by the
parties to an action, particularly by the contracting authority, although
it may apprise itself of such information and take it into consideration.
It is for that body to decide to what extent and by what process it is
appropriate to safeguard the confidentiality and secrecy of that informa-
tion, having regard to the requirements of effective legal protection and
the rights of defence of the parties to the dispute and, in the case of
judicial review or a review by another body which is a court or tribunal
within the meaning of Article 234 EC, so as to ensure that the
proceedings as a whole accord with the right to a fair trial.

(2008/C 79/09)

(1) OJ C 326, 30.12.2006.

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicant: Varec SA

Defendant: Belgian State

Intervener: Diehl Remscheid GmbH & Co

Re:

Reference for a preliminary ruling — Conseil d'État (Belgium)
— Interpretation of Article 1(1) 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), read with
Article 15(2) of Council Directive 93/36/EEC of 14 June 1993
the award of public supply
coordinating procedures

for

Judgment of the Court (Fifth Chamber) of 31 January 2007
— Commission of the European Communities v Kingdom
of Spain

(Case C-32/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/84/EC — Copyright — Resale right for the benefit of
the author of an original work of art)

(2008/C 79/10)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig and W. Wils, acting as Agent(s))