Case C-120/07: Order of the President of the Court of 27 February 2008 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2008-02-27
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, legal code, medical plant, medicinal product, national implementing measure, pharmaceutical legislation

7.6.2008

EN

Official Journal of the European Union

C 142/21

Relying in particular on Lindman and Safir, the Commission
points out that, according to that line of authority, the orga-
nising of
for the
lotteries is to be regarded as a ‘service’
the Treaty. Also according to that case-law,
purposes of
Article 49 EC prohibits any restriction on the freedom to
provide services, or any obstacle to that freedom — even where
such a restriction or obstacle applies equally to national provi-
ders of services and to those of the other Member States — and
precludes the application of any rule of national law the effect
of which is to make it more difficult
to provide services
between Member States than to provide services wholly within a
particular Member State. Given the particular features of the
gaming sector, the case-law accepts certain restrictions imposed
by Member States, provided that such measures can be shown
to be appropriate and proportionate, as well as non-discrimina-
tory.

The Commission maintains that the Spanish legislation is discri-
minatory because the exemption is reserved for certain entities
which that legislation defines precisely, and entities of other
Member States, albeit of the same nature and in pursuit of the
same objectives as the Spanish entities specified in the exemp-
tion rule, are excluded from the benefit of
that exemption.
Accordingly, even if the Spanish authorities had shown, in the
course of the infringement proceedings, that the legislation at
issue is a measure which is appropriate and proportionate to
the stated objective of protecting consumers and public order
— which they have failed to do — the legislation at issue could
not in any circumstances be regarded as compatible with Com-
munity law, in so far as it is wholly discriminatory.

Order of the President of the Court of 1 April 2008
(reference for a preliminary ruling from the Corte Suprema
Di Cassazione — Italy) — Ministero dell'Economia e delle
Finanze and Agenzie delle Entrate v Porto Antico di
Genova SpA

(Case C-149/06) (1)

(2008/C 142/35)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 310, 16.12.2006.

Order of the President of the Court of 10 March 2008 —
the European Communities v Federal
Commission of
Republic of Germany

(Case C-44/07) (1)

(2008/C 142/36)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 69, 24.3.2007.

Order of the President of the Court of 10 March 2008
(reference for a preliminary ruling from the Sozialgericht
Berlin — Germany) — Irene Werich v Deutsche Renten-
versicherung Bund

(Case C-111/06) (1)

(2008/C 142/34)

Language of the case: German

Order of the President of the Court of 27 February 2008
— Commission of the European Communities v Kingdom
of the Netherlands

(Case C-120/07) (1)

(2008/C 142/37)

Language of the case: Dutch

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 326, 30.12.2006.

(1) OJ C 95, 28.4.2007.