Case C-119/08: Reference for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas (Lithuania) lodged on 18 March 2008 — Mechel Nemunas UAB v Valstybinė mokesčių inspekcija prie Lietuvos Respublikos finansų ministerijos
Date: 2008-03-18
Institutions: Court of Justice
Subjects: EU law - national law, Lithuania, financing, interpretation of the law, road network, tax, tax law

24.5.2008

EN

Official Journal of the European Union

C 128/25

Parties to the main proceedings

maintenance and development programme in the form of the
tax which has been described earlier in this order?

Applicant: Transportes Urbanos y Servicios Generales, SAL

Defendant: Administración del Estado

Question referred

the Tribunal Supremo of

Is it contrary to the principles of equivalence and effectiveness
the
to apply differing case-law of
Kingdom of Spain in the judgments of 29 January 2004 and
24 May 2005 to actions for financial liability against the State
qua legislature in respect of administrative acts adopted pursuant
to a law which has been declared unconstitutional and to such
actions in respect of administrative acts adopted pursuant to a
measure which has been held to be contrary to Community
law?

(1) First Council Directive of 11 April 1967 on the harmonisation of
legislation of Member States concerning turnover taxes (OJ, English
Special Edition 1967, p. 14).

(2) Sixth Council Directive of 17 May 1977 on the harmonisation of
taxes —
the laws of
Common system of value added tax: uniform basis of assessment
(OJ 1977 L 45, p. 1).

the Member States relating to turnover

Action brought on 31 March 2008 — Commission of the
European Communities v Hellenic Republic

(Case C-130/08)

(2008/C 128/46)

Language of the case: Greek

Reference for a preliminary ruling from the Lietuvos
vyriausiasis administracinis teismas (Lithuania) lodged on
18 March 2008 — Mechel Nemunas UAB v Valstybinė
mokesčių inspekcija prie Lietuvos Respublikos finansų
ministerijos

(Case C-119/08)

(2008/C 128/45)

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Kontou-Durande)

Defendant: Hellenic Republic

Language of the case: Lithuanian

Form of order sought

Referring court

Lietuvos vyriausiasis administracinis teismas (Supreme Adminis-
trative Court of Lithuania)

Parties to the main proceedings

Claimant: Mechel Nemunas UAB

Defendant: Valstybinė mokesčių inspekcija prie Lietuvos Respu-
blikos finansų ministerijos (State Tax Inspectorate attached to
the Ministry of Finance of the Republic of Lithuania)

Question referred

Are First Council Directive 67/227/EEC (1) and/or Article 33 of
Sixth Council Directive 77/388/EEC (2)
to be interpreted as
having prohibited a Member State from maintaining, and
levying, deductions from income in accordance with the Law
the road
of

the Republic of Lithuania on the financing of

— declare that, by failing to adopt the laws, regulations and
administrative measures necessary to ensure, in every case,
the merits of applications for asylum of
examination of
third-country
accordance with
in
nationals who,
Article 16(1)(d) of Regulation (EC) No 343/2003, are trans-
ferred to Greece so as to be taken back for examination of
their applications, the Hellenic Republic has failed to fulfil its
obligations under Article 3(1) of Regulation No 343/2003;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

1. The United Nations High Commissioner for Refugees drew
the Commission's attention to the question whether Greek
legislation relating to the procedure for recognising foreign
nationals
compatible with Regulation
No 343/2003 in cases where the foreign national arbitrarily
has left the country and a decision discontinuing the proce-
dure for consideration of asylum has been made in his
regard.

refugees

as

is

2. This problem results from Article 2(8) of Presidential Decree
No 61/99 (FEK (Official Gazette) A 63) of 6 April 1999,
which concerns discontinuance of the procedure for consid-
arbitrary
eration

provision

asylum.

treats

That

of