Case C-143/08: Action brought on 7 April 2008 — Commission of the European Communities v Republic of Poland
Date: 2008-04-07
Institutions: Court of Justice
Subjects: Poland, action for failure to fulfil an obligation, financial instrument, financial legislation, financial market, financial transaction, investment company, national implementing measure, provision of services

C 142/18

EN

Official Journal of the European Union

7.6.2008

Parties to the main proceedings

Applicants: C. Cloet and J. Cloet

Defendants: CVBA Westvlaamse Intercommunale voor Econo-
mische Expansie, Huisvestingsbeleid en Technische Bijstand

Questions referred

1. Is a financial advantage granted to NV Metafox by the
Flemish Region/Flemish Community through a decentralised
administrative authority, the WVI, in the form of a preferen-
tial price for the purchase of industrial/commercial land of
1 ha 82 a 72 m2, performed by the WVI for a sum stated in
the sales instrument to be EUR 294 394,14 ‘for tax’
in
respect of a preferential price in reality of EUR 91 720,60,
compatible with the common market, given that the cost
price of purchasing such industrial/commercial
land under
normal circumstances, applying average values for such land
at that place, is EUR 1 007 926,40?

Parliament and of the Council of 21 April 2004 on markets
instruments (1), or in any event by failing to
in financial
inform the Commission of the adoption of such measures,
its obligations
the Republic of Poland has failed to fulfil
arising under that directive;

— order

the Republic of Poland to pay the costs of

the

proceedings.

Pleas in law and main arguments

The period for transposing Directive 2004/39/EC expired on
31 January 2007.

(1) OJ L 145, 30.4.2004, p. 1-44.

of

EUR

does

2. Through such expropriation and subsequent sale to NV
Metafox (specifically the preferential price paid by NV
Metafox
Flemish
91 720,60)
Region/Flemish Community, through the WVI, not indirectly
benefit the favoured undertaking, NV Metafox, by directly
conferring an economic advantage on it (namely the differ-
ence between the price paid and the ‘for tax’ sale price stated
in the sales instrument), since the favoured undertaking, NV
Metafox, could not have acquired this land under normal
market conditions (EUR 1 007 926,40) or at the ‘for tax’
sale price (EUR 294 394,14)?

the

Action brought on 7 April 2008 — Commission of the
European Communities v Republic of Poland

(Case C-143/08)

(2008/C 142/29)

Language of the case: Polish

Consequently, can such a measure of the WVI (specifically
the sale of industrial land for the preferential price actually
paid) be classified as a financial advantage that is contrary to
Article 87(1) EC?

Parties

Action brought on 7 April 2008 — Commission of the
European Communities v Republic of Poland

(Case C-142/08)

(2008/C 142/28)

Language of the case: Polish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Kaduczak and P. Dejmek, Agents)

Defendant: Republic of Poland

Form of order sought

— declare that, by failing to adopt the laws, regulations and
the purpose of
administrative provisions necessary for
to Commission Directive 2006/73/EC (1) of
giving effect
10 August 2006 implementing Directive 2004/39/EC of the
European Parliament and of the Council, or in any event by
failing to inform the Commission of the adoption of such
measures, the Republic of Poland has failed to fulfil its obli-
gations arising under that directive;

— order

the Republic of Poland to pay the costs of

the

proceedings.

Applicant: Commission of the European Communities (repre-
sented by: M. Kaduczak and P. Dejmek, Agents)

Pleas in law and main arguments

Defendant: Republic of Poland

Form of order sought

The period for transposing Directive 2006/73/EC expired on
31 January 2007.

(1) OJ L 241 of 2.9.2006, p. 26-58.

— declare that, by failing to adopt the laws, regulations and
the purpose of
the European

administrative provisions necessary for
giving effect

to Directive 2004/39/EC of