Case C-211/07: Judgment of the Court (Sixth Chamber) of 21 February 2008 — Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Incorrect transposition — Directive 84/5/EEC — Article 1(4) — Compulsory insurance for civil liability in respect of motor vehicles — Conditions for the exclusion from compensation of passengers in an uninsured vehicle)
Date: 2008-02-21
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, approximation of laws, indemnification, motor vehicle, personal accident insurance, third-party insurance

C 92/8

EN

Official Journal of the European Union

12.4.2008

Judgment of the Court (Second Chamber) of 21 Febru-
ary 2008 (reference for a preliminary ruling from the
Oberlandesgericht Innsbruck) — Malina Klöppel v Tiroler
Gebietskrankenkasse

benefit such as the Austrian childcare allowance, the period during
which a comparable benefit was drawn in another Member State as if
that period had been completed in its own territory.

(Case C-507/06) (1)

(1) OJ C 56, 10.3.2007.

(Entitlement to childcare allowance in Austria — Periods of
drawing family benefits in another Member State not taken
into account — Regulation (EEC) No 1408/71)

(2008/C 92/12)

Language of the case: German

Referring court

Oberlandesgericht Innsbruck

Parties to the main proceedings

Appellant: Malina Klöppel

Respondent: Tiroler Gebietskrankenkasse

Re:

for

Reference
a Preliminary ruling — Oberlandesgericht
Innsbruck — Interpretation of Article 72 of Council Regulation
(EEC) No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed persons
and to members of their families moving within the Community
(OJ 1971 L 149, p. 2) as amended by Regulation (EC)
No 1386/2001 of the European Parliament and of the Council
of 5 June 2001 (OJ 2001 L 187, p. 1), and Article as well as of
Article 10(2)(a) of Council Regulation (EEC) No 574/72 of
21 March 1972 fixing the procedure for implementing Regu-
lation (EEC) No 1408/71 on the application of social security
schemes to employed persons, to self-employed persons and to
members of
families moving within the Community
(OJ 1972 L 74, p. 1), as amended by Commission Regulation
(EC) No 410/2002 of 27 February 2002 (OJ 2002 L 62, p. 17)
— Childcare allowance — Possibility of extending the period of
granting from 30 months to 36 months where care of the child
is transferred and allowance granted to other parent — Account
not taken of periods, completed jointly by the father and the
mother, of granting of a similar allowance paid to the other
parent in another Member State

their

Judgment of the Court (Sixth Chamber) of 21 February
the European Communities v
2008 — Commission of

Ireland

(Case C-211/07) (1)

(Failure of a Member State to fulfil obligations — Incorrect
transposition — Directive 84/5/EEC — Article 1(4) —
Compulsory insurance for civil liability in respect of motor
vehicles — Conditions for the exclusion from compensation of
passengers in an uninsured vehicle)

(2008/C 92/13)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell, Agent)

Defendant: Ireland (represented by: D.J. O'Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 1(4) of Council Directive 84/5/EEC of 30 December
1983 on the approximation of the laws of the Member States
relating to insurance against civil liability in respect of the use
of motor vehicles (OJ 1984 L 8, p. 17) — Compensation in
respect of damage caused by inadequately insured vehicles —
Exclusion conditions going beyond those provided for by the
directive

Operative part of the judgment

Operative part of the judgment

The Court:

Article 3(1) of Council Regulation (EEC) No 1408/71 of 14 June
1971 on the application of social security schemes to employed
persons, to self-employed persons and to members of their families
moving within the Community, as amended and updated by Council
Regulation (EC) No 118/97 of 2 December 1996, as amended in
turn by Regulation (EC) No 1386/2001 of the European Parliament
and of the Council of 5 June 2001, precludes a Member State from
refusing to take into account, for the purposes of granting a family

1) Declares that, by maintaining in force clauses 5.2 and 5.3 of the
Motor
Insurance Agreement of 31 March 2004 between the
Minister for Transport and the Motor Insurers' Bureau of Ireland,
Ireland has failed to fulfil
its obligations under the third sub-
paragraph of Article 1(4) of Council Directive 84/5/EEC of
30 December 1983 on the approximation of
the
Member States relating to insurance against civil liability in respect
of the use of motor vehicles.

the laws of

12.4.2008

EN

Official Journal of the European Union

C 92/9

2) Orders Ireland to pay the costs.

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 155, 7.7.2007.

(1) OJ C 211, 8.9.2007.

Judgment of the Court (Sixth Chamber) of 26 February 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-273/07) (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2005/51/EC — Public procurement — Procedures for the
award of contracts)

(2008/C 92/14)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Kukovec, acting as Agent)

Judgment of the Court (Fifth Chamber) of 21 February
the European Communities v
2008 — Commission of

Grand Duchy of Luxembourg

(Case C-328/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2004/48/EC — Enforcement of intellectual property rights —
Failure to transpose within the prescribed period)

(2008/C 92/15)

Language of the case: French

Parties

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

Defendant: Grand Duchy of Luxembourg (represented by:
C. Schiltz, acting as Agent)

Defendant: Grand Duchy of Luxembourg (represented by:
C. Schiltz, Agent)

Re:

Re:

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, the provisions necessary to
comply with Commission Directive 2005/51/EC of 7 September
2005, amending Annex XX to Directive 2004/17/EC and
Annex VIII to Directive 2004/18/EC of the European Parliament
and the Council on public procurement
(OJ 2005 L 257,
p. 127)

Operative part of the judgment

The Court

1. Declares that, by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Commission Directive
2005/51/EC of 7 September 2005, amending Annex XX to
Directive 2004/17/EC and Annex VIII to Directive 2004/18/EC
of the European Parliament and the Council on public procurement,
the Grand Duchy of Luxembourg failed to fulfil
its obligations
under that directive;

Failure of a Member State to fulfil obligations — Failure to
adopt
the provisions necessary to comply with Directive
2004/48/EC of the European Parliament and of the Council of
29 April 2004 on the enforcement of
intellectual property
rights (OJ 2004 L 157, p. 45, and Corrigendum OJ 2004 L 195,
p. 16)

Operative part of the judgment

The Court:

1) Declares that, by failing to adopt, within the prescribed period, the
laws, regulations and administrative provisions necessary to comply
with Directive 2004/48/EC of the European Parliament and of
the Council of 29 April 2004 on the enforcement of intellectual
property rights, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under that directive;

2) Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 211, 8.9.2007.