Case C-404/06: Judgment of the Court (First Chamber) of 17 April 2008 (reference for a preliminary ruling from the Bundesgerichtshof — Germany) — Quelle AG v Bundesverband der Verbraucherzentralen und Verbraucherverbände (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)
Date: 2008-04-17
Institutions: Court of Justice
Subjects: consumer goods, consumer protection, contract, guarantee, interpretation of the law, sale

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

7.6.2008

EN

Official Journal of the European Union

C 142/7

Re:

Reference for a preliminary ruling — Bundesgerichtshof —
the
Interpretation of Article 3 of Directive 1999/44/EC of
European Parliament and of the Council of 25 May 1999 on
certain aspects of the sale of consumer goods and associated
guarantees (OJ 1999 L 171, p. 12) — Entitlement under
national law of a seller to seek compensation from consumers
for the use of goods not in conformity with the sale contract
during the period before their replacement

Operative part of the judgment

Article 3 of Directive 1999/44/EC of the European Parliament and of
the Council of 25 May 1999 on certain aspects of
the sale of
consumer goods and associated guarantees is to be interpreted as
legislation under which a seller who has sold
precluding national
consumer goods which are not in conformity may require the consumer
to pay compensation for the use of those defective goods until their
replacement with new goods.

(1) OJ C 310, 16.12.2006.

Judgment of the Court (Second Chamber) of 24 April 2008
— Kingdom of Belgium v Commission of the European
Communities

(Case C-418/06 P) (1)

(Appeal — EAGGF — Arable crop sector — Clearance of
EAGGF accounts — Reliable and operational
inspection
system — Expenditure excluded from Community financing
— Flat-rate correction — Retrospective application of the
rules relating to checks — Implicit obligations — Principle of
proportionality — Legal certainty — Unlimited jurisdiction)

the European Agricultural Guidance and Guarantee Fund
(EAGGF) (OJ 2004 L 40, p. 31), in so far as it imposes a flat-
rate correction of 2 % of the expenditure declared by Belgium
in respect of arable crops.

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders the Kingdom of Belgium and the Commission of

the

European Communities to bear their own costs.

(1) OJ C 294, 2.12.2006.

the Court (Fourth Chamber) of 17 April
Judgment of
2008 (reference for
a preliminary ruling from the
Bundesgerichtshof — Germany) — Peek & Cloppenburg
KG v Cassina SpA

(Case C-456/06) (1)

(Copyright — Directive 2001/29/EC — Article 4(1) —
Distribution to the public by sale or otherwise of the original
of a work or a copy thereof — Use of reproductions of copy-
right-protected furniture as items of furniture exhibited in a
sales area and in display windows — No transfer of ownership
or possession)

(2008/C 142/10)

Language of the case: German

(2008/C 142/09)

Language of the case: French

Referring court

Bundesgerichtshof

Parties

Appellant: Kingdom of Belgium (represented by: A. Hubert and
L. Van den Broeck, Agents, H. Gilliams, P. de Bandt and L.
Goossens, avocats)

Parties to the main proceedings

Applicant: Peek & Cloppenburg KG

Defendant: Cassina SpA

the European
Other party to the proceedings: Commission of
Communities (represented by: M. Nolin and L. Visaggio, Agents)

Re:

Re:

Appeal brought against the judgment delivered by the Court of
First
Instance (Second Chamber) on 25 July 2006 in Case
T-221/04 Belgium v Commission, by which the Court of First
Instance dismissed the application for partial annulment of
Commission Decision 2004/136/EC of 4 February 2004
excluding from Community financing certain expenditure
incurred by the Member States under the Guarantee Section of

Reference for a preliminary ruling — Bundesgerichtshof —
Interpretation of Articles 28 EC and 30 EC and of Article 4(1)
of Directive 2001/29/EC of the European Parliament and of the
Council of 22 May 2001 on the harmonisation of certain
aspects of copyright and related rights in the information
society (OJ 2001 L 167, p. 10) — Use, without the consent of
the copyright holder, of reproductions of copyright-protected
items of furniture as furnishings arranged in a sales area and for
decorative display purposes — Whether such use, which does
not involve any form of transfer of ownership or possession,
does or does not constitute a ‘form of distribution to the public’