Case C-417/07: Judgment of the Court (Seventh Chamber) of 1 April 2008 — Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Directive 2004/36/EC — Safety of third-country aircraft using Community airports — Failure to transpose within the prescribed period)
Date: 2008-04-01
Institutions: Court of Justice
Subjects: EU Member State, European Commission, Luxembourg, action for failure to fulfil an obligation, air safety, aircraft, civil aviation, national implementing measure, third country, transport safety

C 116/8

EN

Official Journal of the European Union

9.5.2008

Parties to the main proceedings

Re:

Ispettorato Provinciale dell'Agricoltura di Enna,
Applicants:
Assessorato all'agricoltura e foreste della Regione Sicilia, Regione
Sicilia

Defendant: Domenico Valvo

Re:

Reference for a preliminary ruling — Consiglio di Giustizia
Amministrativa per la Regione siciliana — Interpretation of
Council Regulation (EC) No 950/97 of 20 May 1997 on
improving the efficiency of agricultural structures — National
legislation refusing to grant the compensatory allowance for
permanent natural handicaps to farmers in receipt of a length-
of-service pension

Failure of a Member State to fulfil its obligations — Failure to
adopt, within the period prescribed, all the provisions necessary
to comply with Directive 2000/59/EC of the European Parlia-
ment and of the Council of 27 November 2000 on port recep-
tion facilities for ship-generated waste and cargo residues —
Commission declaration (OJ 2000 L 332, p. 81)

Operative part of the judgment

The Court:

1. Declares that, by failing to develop, implement and approve waste
reception and handling plans for ship-generated waste and cargo
residues, the Hellenic Republic has failed to fulfil
its obligations
under Article 5(1) and Article 16(1) of Directive 2000/59/EC of
the European Parliament and of
the Council of 27 November
2000 on port reception facilities for ship-generated waste and
cargo residues.

Operative part of the judgment

2. Orders the Hellenic Republic to pay the costs.

Articles 17 and 18 of Council Regulation (EC) No 950/97 of
20 May 1997 on improving the efficiency of agricultural structures
confer on Member States the right to grant a compensatory allowance
to a farmer who fulfils the conditions laid down in those two articles.
However, those articles do not preclude a Member State from refusing
payment of such an allowance where that farmer is in receipt of a
pension, in particular, a length-of-service pension.

(1) OJ C 69, 24.3.2007.

(1) OJ C 117, 26.5.2007.

Judgment of the Court (Third Chamber) of 13 March 2008
— Commission of the European Communities v Hellenic
Republic

(Case C-81/07) (1)

Judgment of the Court (Seventh Chamber) of 1 April 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

(Case C-417/07) (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2004/36/EC — Safety of third-country aircraft using
Community airports — Failure to transpose within the
prescribed period)

(2008/C 116/14)

Language of the case: French

(Failure of a Member State to fulfil its obligations — Environ-
ment — Directive 2000/59/EC — Waste reception and hand-
ling plans for ship-generated waste)

Parties

(2008/C 116/13)

Language of the case: Greek

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig, Agent)

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

Parties

Re:

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and K. Simonsson, Agents)

Defendant: Hellenic Republic (represented by: S. Chala and I.
Pouli, Agents)

Failure by a Member State to fulfil its obligations — Failure to
adopt, within the prescribed period, the necessary measures to
comply with Directive 2004/36/EC of the European Parliament
and of the Council of 21 April 2004 on the safety of third-
country aircraft using Community airports (OJ 2004 L 143,
p. 76)

9.5.2008

EN

Official Journal of the European Union

C 116/9

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 2004/36/EC of the European Parliament and of the
Council of 21 April 2004 on the safety of third-country aircraft
using Community airports, 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 247, 20.10.2007.

sion and in newspapers and magazines) in a manner which
goes as far as offering a cash payment for a lottery ticket
shortly before the lottery draw is made (‘TOI TOI TOI —
Believe in luck!’)?

3. Are Articles 43 EC and 49 EC to be interpreted as precluding
a provision under which all
licences granting the right to
operate games of chance and casinos are issued for a period
of 15 years on the basis of a scheme under which Com-
munity competitors (not belonging to that Member State) are
excluded from the tendering procedure?

Reference for a preliminary ruling from the Landesgericht
Linz (Austria) lodged on 19 February 2008 — Criminal
proceedings against Ernst Engelmann

(Case C-64/08)

(2008/C 116/15)

Language of the case: German

Referring court

Landesgericht Linz

Party to the main proceedings

Ernst Engelmann

Questions referred

1. Is Article 43 EC (Treaty establishing the European Com-
munity,
in the version of 2 October 1997, most recently
amended by the Treaty of 25 April 2005 concerning the
accession of the Republic of Bulgaria and Romania to the
European Union (OJ 2005 L 157, p. 11)) to be interpreted as
precluding a provision which provides that only public
limited companies established in the territory of a particular
Member State may there operate games of chance in casinos,
thereby necessitating the establishment or acquisition of a
company limited by shares in that Member State?

2. Are Articles 43 EC and 49 EC to be interpreted as precluding
a national monopoly on certain types of gaming, such as
games of chance in casinos,
if there is no consistent and
systematic policy whatsoever in the Member State concerned
to limit gaming,
licensed organisers
inasmuch as national
encourage participation in gaming — such as public sports
betting and lotteries — and advertise such gaming (on televi-

Action brought on 20 February 2008 — Commission of
the European Communities v Grand Duchy of Luxembourg

(Case C-70/08)

(2008/C 116/16)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and J. Enegren, Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/72/EC of 22 July 2003 supplementing the
Statute for a European Cooperative Society with regard to
the involvement of employees (1), or by not ensuring that
management and labour introduce the required provisions
by way of agreement, or, in any case, by failing to communi-
cate those measures to the Commission, the Grand Duchy of
Luxembourg has
its obligations under
Article 16(1) of that directive;

failed to fulfil

— order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The time-limit
expired on 18 August 2006.

for

transposition of Directive 2003/72/EC

(1) OJ 2003 L 207, p. 25.