Case C-418/06 P: Judgment of the Court (Second Chamber) of 24 April 2008 — Kingdom of Belgium v Commission of the European Communities (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)
Date: 2008-04-24
Institutions: Court of Justice
Subjects: Belgium, EAGGF Guarantee Section, European Commission, General Court (EU), action for annulment (EU), aid to agriculture, appeal, area of holding, crop production

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’