Case C-348/06 P: Judgment of the Court (Third Chamber) of 21 February 2008 — Marie-Claude Girardot v Commission of the European Communities (Appeal — Temporary staff — Action for damages — Loss of an opportunity to be recruited — Actual and certain damage — Determination of extent of reparation for damage)
Date: 2008-02-21
Institutions: Court of Justice
Subjects: European Commission, European official, General Court (EU), action for annulment (EU), appeal, job access, staff assessment

12.4.2008

EN

Official Journal of the European Union

C 92/5

Operative part of the judgment

Operative part of the judgment

Article 15(2) of Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation of the laws of the Member States relating
to turnover taxes — Common system of value added tax: uniform
basis of assessment, as amended by Council Directive 95/7/EC of
10 April 1995, must be interpreted as not precluding a Member
State from granting an exemption from value added tax on the supply
of goods for export to a destination outside the European Community,
where the conditions for such an exemption are not met, but the
taxable person was not able to recognise — even by exercising due
commercial care — that they were not met, because the export proofs
provided by the purchaser had been forged.

Articles 6, 11, 22 and 25 of Directive 97/13/EC of the European
Parliament and of the Council of 10 April 1997 on a common frame-
work for general authorisations and individual licences in the field of
telecommunications services preclude a Member State from requiring
an operator, formerly the holder of an exclusive right to provide public
telecommunications services and then the holder of a general authorisa-
tion, to pay a pecuniary charge such as the charge in the main proceed-
ings, corresponding to the amount previously demanded for that exclu-
sive right, for one year from the final date laid down for transposition
of that directive into national law, namely 31 December 1998.

(1) OJ C 224, 16.9.2007.

(1) OJ C 224, 16.9.2006.

Judgment of the Court (Third Chamber) of 21 February
2008 (reference for a preliminary ruling from the Tribunale
amministrativo regionale del Lazio — Italy) — Telecom
Italia SpA v Ministero dell'Economia e delle Finanze,
Ministero delle Comunicazioni

(Case C-296/06) (1)

(Telecommunications services — Directive 97/13/EC — Arti-
cles 6, 11, 22 and 25 — Fees and charges for general authori-
licences — Obligation on former
sations and individual

holders of exclusive rights — Temporary continuation)

(2008/C 92/07)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale del Lazio

Parties to the main proceedings

Applicant: Telecom Italia SpA

Defendants: Ministero dell'Economia e delle Finanze, Ministero
delle Comunicazioni

Re:

Reference for a preliminary ruling — Tribunale amministrativo
regionale del Lazio — Interpretation of Articles 11, 22 and 25
of Directive 97/13/EC of the European Parliament and of the
Council of 10 April 1997 on a common framework for general
authorisations and individual licences in the field of telecommu-
nications services (OJ 1997 L 117, p. 15) — Whether it is
possible to impose fees and charges other than those permitted
by the directive

Judgment of the Court (Third Chamber) of 21 February
the
2008 — Marie-Claude Girardot v Commission of

European Communities

(Case C-348/06 P) (1)

(Appeal — Temporary staff — Action for damages — Loss of
an opportunity to be recruited — Actual and certain damage
— Determination of extent of reparation for damage)

(2008/C 92/08)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Martin and F. Clotuche-Duvieusart, agents)

Other party to the proceedings: Marie-Claude Girardot (represented
by: C. Bernard-Glanz and S. Rodrigues, lawyers)

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 6 June 2006 in Case T-10/02 Girardot v Commis-
sion, by which that Court fixed the level of compensation to be
paid by the Commission to Ms Marie-Claude Girardot under the
interim judgment of the Court of First Instance of 31 March
2004 at EUR 92 785,
from
6 September 2004, at the rate fixed by the European Central
Bank for its main refinancing operations, plus two percentage
points — Infringement of Article 236 EC and of the conditions
governing the liability of the Commission — Method of calcula-
tion of the sum payable by a Community institution to compen-
sate for the loss of an opportunity to be recruited in that institu-
tion resulting from an unlawful decision on its part

together with interest

as

C 92/6

EN

Official Journal of the European Union

12.4.2008

Operative part of the judgment

The Court:

1. Dismisses the main appeal and the cross-appeal.

2. Orders the Commission of the European Communities to pay the

costs of the main appeal.

3. Orders Mrs Girardot to pay the costs of the cross-appeal.

(1) OJ C 249, 14.10.2006.

over taxes — Common system of value added tax: uniform basis of
assessment, must be interpreted as meaning that there can be a
finding of an abusive practice when the accrual of a tax advantage
constitutes the principal aim of the transaction or transactions at
issue.

2. It is for the national court to determine, in light of the ruling on
the interpretation of Community law provided by the present judg-
ment, whether, for the purposes of the application of VAT, transac-
tions such as those at issue in the dispute in the main proceedings
can be considered to constitute an abusive practice under the Sixth
Directive.

(1) OJ C 326, 30.12.2006.

Judgment of the Court (Second Chamber) of 21 February
2008 (reference for a preliminary ruling from the Corte
suprema di cassazione (Italy)) — Ministero dell'Economia e
delle Finanze v Part Service Srl, in liquidation

(Case C-425/06) (1)

(Sixth VAT Directive — Articles 11A(1)(a) and 13B(a) and
(d) — Leasing — Artificial division of the supply into a
number of parts — Effect — Reduction of the taxable amount
— Exemptions — Abusive practice — Conditions)

(2008/C 92/09)

Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings

Judgment of the Court (Fourth Chamber) of 21 February
2008 (reference for a preliminary ruling from the Juzgado
de lo Social Único de Algeciras (Spain)) — Maira María
Robledillo Núñez v Fondo de Garantía Salarial (Fogasa)

(Case C-498/06) (1)

(Social policy — Protection of workers in the event of insol-
vency of the employer — Directive 80/987/EEC amended by
Directive 2002/74/EC — First paragraph of Article 3 and
Article 10(a) — Compensation for unfair dismissal agreed
under an extra-judicial conciliation procedure — Payment
guaranteed by the guarantee institution — Payment condi-
tional upon the adoption of a judicial decision — Principles of
equality and non-discrimination)

(2008/C 92/10)

Language of the case: Spanish

Applicant: Ministero dell'Economia e delle Finanze

Referring court

Defendant: Part Service Srl, in liquidation

Juzgado de lo Social Único de Algeciras

Re:

Reference for a preliminary ruling — Corte suprema di cassa-
zione — Interpretation of Sixth Council Directive 77/388/EEC
of 17 May 1977 on the harmonisation of the laws of the
Member States relating to turnover taxes — Common system of
value added tax: uniform basis of assessment (OJ 1977 L 145,
p. 1) — Leasing transaction split into a number of separate
contracts with the effect of obtaining a tax advantage — Inter-
pretation of the concept of abuse of rights as defined in the
judgment of the Court of Justice in Case C-255/02 Halifax and
Others

Operative part of the judgment

1. The Sixth Council Directive 77/338/EEC of 17 May 1977 on the
harmonisation of the laws of the Member States relating to turn-

Parties to the main proceedings

Applicant: Maira María Robledillo Núñez

Defendant: Fondo de Garantía Salarial (Fogasa)

Re:

Reference for a preliminary ruling — Juzgado de lo Social
Único de Algeciras — Interpretation of Article 3 of Council
Directive 80/987/EEC of 20 October 1980 on the approxima-
tion of the laws of the Member States relating to the protection
of employees in the event of the insolvency of their employer
(OJ 1980 L 283, p. 23), as amended by Directive 2002/74/EC
of the European Parliament and of the Council of 23 September