Case C-332/07: Order of the President of the Court of 30 April 2008 (reference for a preliminary ruling from the Verwaltungsgerichtshof — Austria) — Josef Holzinger v Bundesministerium für Bildung, Wissenschaft und Kultur
Date: 2008-04-30
Institutions: Court of Justice
Subjects: EU Member State, Switzerland, free movement of persons, frontier worker, interpretation of the law, promotion

30.8.2008

EN

Official Journal of the European Union

C 223/39

Form of order sought

— declare that, by not adopting all the laws, regulations and
administrative provisions necessary to comply with Directive
2005/29/EC (1), or,
in any event, by not communicating
those provisions to the Commission, the Federal Republic of
Germany has failed to fulfil
its obligations under Com-
munity law, in particular under Article 19 of that directive;

— order the Federal Republic of Germany to pay the costs.

27 February 1997, by the departmental head office of
customs of the Regions of Apulia and Basilicata, located in
Bari, of irregular authorisations to create and operate Type C
customs bonded warehouses in Taranto, followed by conse-
cutive authorisations for processing under customs control
and to use the inward processing procedure, until their revo-
cation on 4 December 2002;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The period for implementing the Directive expired on 12 June
2007.

(1) Directive 2005/29/EC of

the European Parliament and of

the
Council of 11 May 2005 concerning unfair business-to-consumer
commercial practices in the internal market and amending Council
Directive
and
2002/65/EC of the European Parliament and of the Council and
Regulation (EC) No 2006/2004 of the European Parliament and of
the Council (‘Unfair Commercial Practices Directive’); OJ 2005 L 149,
p. 22.

84/450/EEC, Directives

98/27/EC

97/7/EC,

Action brought on 18 July 2008 — Commission of the
European Communities v Italian Republic

By the present action the Commission of the European Commu-
nities complains that the Italian Government has refused to
make available to the European Communities the own resources
— quantified at approximately EUR 23 million — corre-
sponding to certain irregular customs authorisations issued in
Taranto in the period from February 1997 to December 2002
inclusive.

transactions

The contested subject-matter concerns, essentially,
liability for
the amounts relating to the resources not collected owing to the
irregular
in question. The Italian Government
submits that it is not liable for the missing revenue caused by
those irregularities, since the latter were solely attributable to
the officials who caused the loss, whereas the Commission takes
the view that the Community legislation in force requires the
Italian State to make itself responsible for all the financial conse-
quences deriving from the action — including irregular action
— of officials who act in its name and on its behalf.

(Case C-334/08)

(2008/C 223/65)

Language of the case: Italian

(1) OJ L 253 of 7.10.2000, p. 42.
(2) OJ L 130 of 31.5.2000, p. 1.

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu and A. Caeiros, acting as Agents)

Defendant: Italian Republic

Form of order sought

— declare that the Italian Republic has failed to fulfil its obliga-
tions under Article 10 EC, Article 8 of Council Decision
2000/597/EC, Euratom of 29 September 2000 on the
the European Communities' own resources (1),
system of
and Articles 2, 6, 10, 11 and 17 of Council Regulation (EC,
Euratom) No 1150/2000 of 22 May 2000 implementing
Decision 94/728/EC, Euratom on the system of the Commu-
nities' own resources (2) by refusing to make available to the
Commission the own resources corresponding to the
from
customs

from the

obligation

deriving

issue,

Order of the President of the Court of 30 April 2008
from the
preliminary
(reference
Verwaltungsgerichtshof — Austria) — Josef Holzinger v
Bundesministerium für Bildung, Wissenschaft und Kultur

ruling

for

a

(Case C-332/07) (1)

(2008/C 223/66)

Language of the case: German

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 269, 10.11.2007.