Case C-390/06: Judgment of the Court (Grand Chamber) of 15 April 2008 (reference for a preliminary ruling from the Tribunale ordinario di Roma) — Nuova Agricast Srl v Ministero delle Attività Produttive (State aid — Aid scheme authorised for a specific period — Notification of the amended aid scheme for a new period — Transitional measures between the two schemes — Decision of the Commission not to raise objections — Information available to the Commission — Validity of the Commission's decision — Equal treatment — Statement of reasons)
Date: 2008-04-15
Institutions: Court of Justice
Subjects: State aid, control of State aid, equal treatment, interpretation of the law, investment aid, less-favoured region

C 142/6

EN

Official Journal of the European Union

7.6.2008

vessels of more than 12 m in length overall (notified under
document number C(2003) 1113) (OJ 2003 L 90, p. 48), but
dismissing the applications lodged by the appellants as inadmis-
sible — Persons (who are not) individually concerned by the
annulled decision

Parties to the main proceedings

Applicant: Nuova Agricast Srl

Defendant: Ministero delle Attività Produttive

Operative part of the judgment

Re:

The Court:

1. Sets aside the judgment of

Instance of

the Court of First

the
European Communities of 13 June 2006 in Joined Cases
T-218/03 to T-240/03 Boyle and Others v Commission (i) in so
far as it dismissed as inadmissible the applications of Mr Flaherty,
Mr Murphy and Ocean Trawlers Ltd for annulment of Commission
Decision 2003/245/EC of 4 April 2003 on the requests received
by the Commission to increase MAGP IV objectives to take into
account improvements on safety, navigation at sea, hygiene, product
quality and working conditions for vessels of more than 12 m in
length overall, and (ii) in so far as it ordered the appellants to bear
their own costs;

2. Annuls Decision 2003/245 in so far as it applies to the vessels of

Mr Flaherty, Mr Murphy and Ocean Trawlers Ltd;

3. Orders the Commission of the European Communities to pay the
costs incurred by Mr Flaherty, Mr Murphy and Ocean Trawlers Ltd
in respect of both the proceedings at first instance and the present
appeals.

(1) OJ C 281, 18.11.2006.
OJ C 294, 2.12.2006.

Preliminary ruling — Tribunale ordinario di Roma — Validity of
the Commission Decision of 12 July 2000 declaring compatible
with the Treaty an aid scheme provided for under Italian legisla-
tion in the form of aid for investment in the less-favoured
regions of Italy (SG(2000)D/105754)

Operative part of the judgment

Examination of the question submitted has revealed nothing which
might affect the validity of the decision of the Commission of 12 July
2000 not to raise objections against an aid scheme for investment in
the less-favoured regions of Italy until 31 December 2006 (State aid
No N 715/99 — Italy).

(1) OJ C 294, 2.12.2006.

the Court

Judgment of
(First Chamber) of 17 April
from
2008
a
the Bundesgerichtshof — Germany) — Quelle AG v
und
Bundesverband

Verbraucherzentralen

preliminary

(reference

ruling

der

for

Judgment of the Court (Grand Chamber) of 15 April 2008
(reference for a preliminary ruling from the Tribunale ordi-
nario di Roma) — Nuova Agricast Srl v Ministero delle
Attività Produttive

(Case C-390/06) (1)

(State aid — Aid scheme authorised for a specific period —
Notification of the amended aid scheme for a new period —
Transitional measures between the two schemes — Decision of
the Commission not to raise objections — Information avail-
able to the Commission — Validity of the Commission's deci-
sion — Equal treatment — Statement of reasons)

(2008/C 142/07)

Language of the case: Italian

Referring court

Tribunale ordinario di Roma

Verbraucherverbände

(Case C-404/06) (1)

(Consumer protection — Directive 1999/44/EC — Sale of
consumer goods and associated guarantees — Right of the
seller, where goods not in conformity are replaced, to require
the consumer to pay compensation for the use of those goods
— No charge for the use of the goods not in conformity)

(2008/C 142/08)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Applicant: Quelle AG

Defendant:
Verbraucherverbände

Bundesverband

der Verbraucherzentralen

und