Case C-265/06: Judgment of the Court (Third Chamber) of 10 April 2008 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Free movement of goods — Articles 28 EC and 30 EC — Articles 11 and 13 of the EEA Agreement — Quantitative restrictions on imports — Measures having equivalent effect — Motor vehicles — Affixing of tinted film to windows)
Date: 2008-04-10
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, import restriction, marketing restriction, quantitative restriction, vehicle parts

C 128/6

EN

Official Journal of the European Union

24.5.2008

2. Where a consignment has not been presented at the office of desti-
nation and the place of the offence or irregularity cannot be estab-
lished, it is for the office of departure alone to make the notification
required within the 11-month and 3-month time-limits laid down
by Article 379(1) and (2) of Regulation No 2454/93.

3. It is not contrary to the principle of proportionality to hold a
customs clearance agent, in his capacity as principal, liable for a
customs debt.

(1) OJ C 190, 12.8.2006.

Judgment of the Court (Third Chamber) of 10 April 2008
v
— Commission

European Communities

the

of
Portuguese Republic

(Case C-265/06) (1)

(Failure of a Member State to fulfil obligations — Free move-
ment of goods — Articles 28 EC and 30 EC — Articles 11
and 13 of the EEA Agreement — Quantitative restrictions on
imports — Measures having equivalent effect — Motor vehi-
cles — Affixing of tinted film to windows)

(2008/C 128/08)

Language of the case: Portuguese

2) Orders the Portuguese Republic to pay the costs.

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Grand Chamber) of 1 April 2008
(Reference for a preliminary ruling from the Bayerisches
Verwaltungsgericht München (Germany)) — Tadao Maruko
v Versorgungsanstalt der deutschen Bühnen

(Case C-267/06) (1)

(Equal treatment in employment and occupation — Directive
2000/78/EC — Survivors' benefits under a compulsory occu-
pational pensions scheme — Concept of ‘pay’ — Refusal
because the persons concerned were not married — Same-sex
partners — Discrimination based on sexual orientation)

(2008/C 128/09)

Language of the case: German

Referring court

Bayerisches Verwaltungsgericht München

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros, P. Guerra e Andrade and M. Patakia,
Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes,
Agent, and by A. Duarte de Almeida, lawyer)

Parties to the main proceedings

Applicant: Tadao Maruko

Defendant: Versorgungsanstalt der deutschen Bühnen

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 28 EC and 30 EC — National legislation prohibiting
the affixing of tinted film to the windows of passenger or goods
vehicles

Operative part of the judgment

The Court:

Reference for a preliminary ruling — Bayerisches Verwaltungs-
gericht München — Interpretation of Articles 1, 2(2)(a), 3(1)(c)
and (3) of Council Directive 2000/78/EC of 27 November 2000
establishing a general framework for equal treatment in employ-
ment and occupation (OJ 2000 L 303, p. 16) — Meaning of
pay — Registered partner excluded from receipt of a survivor's
pension

Operative part of the judgment

1) Declares

that, by prohibiting in Article 2(1) of Decree-Law
No 40/2003 of 11 March 2003 the affixing of tinted film to the
windows of motor vehicles, the Portuguese Republic has failed to
fulfil its obligations under Articles 28 EC and 30 EC and Arti-
cles 11 and 13 of
the Agreement of 2 May 1992 on the
European Economic Area;

1) A survivor's benefit granted under an occupational pension scheme
such as that managed by the Versorgungsanstalt der deutschen
Bühnen falls within the scope of Council Directive 2000/78/EC of
27 November 2000 establishing a general framework for equal
treatment in employment and occupation;