Case C-296/06: 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 (Telecommunications services — Directive 97/13/EC — Articles 6, 11, 22 and 25 — Fees and charges for general authorisations and individual licences — Obligation on former holders of exclusive rights — Temporary continuation)
Date: 2008-02-21
Institutions: Court of Justice
Subjects: competition, freedom to provide services, interpretation of the law, principle of subsidiarity, right of establishment, telecommunications, trade licence

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