Case C-308/06: Judgment of the Court (Grand Chamber) of 3 June 2008 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)) — The Queen on the application of International Association of Independent Tanker Owners (Intertanko), International Association of Dry Cargo Shipowners (Intercargo), Greek Shipping Co-operation Committee, Lloyd's Register, International Salvage Union v Secretary of State for Transport (Maritime transport — Ship-source pollution — Directive 2005/35/EC — Validity — United Nations Convention on the Law of the Sea — Marpol 73/78 Convention — Legal effects of the Conventions — Ability to rely on them — Serious negligence — Principle of legal certainty)
Date: 2008-06-03
Institutions: Court of Justice
Subjects: environmental liability, environmental offence, interpretation of the law, law of the sea, pollution from ships

C 183/2

EN

Official Journal of the European Union

19.7.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (First Chamber) of 5 June 2008 —
the European Communities v French
Commission of

2. Orders the French Republic to pay the costs.

Republic

(Case C-226/06) (1)

(1) OJ C 165, 15.7.2006.

(Failure of a Member State to fulfil obligations — Directive
89/391/EEC — Measures to encourage improvements in the
safety and health of workers at work — Articles 2, 10(1)
and 12(3) and (4) — Defective transposition)

(2008/C 183/02)

Language of the case: French

Parties

Judgment of the Court (Grand Chamber) of 3 June 2008
(reference for a preliminary ruling from the High Court of
Justice of England and Wales, Queen's Bench Division
(Administrative Court)) — The Queen on the application of
International Association of Independent Tanker Owners
International Association of Dry Cargo
(Intertanko),
(Intercargo), Greek Shipping Co-operation
Shipowners
Committee, Lloyd's Register, International Salvage Union v
Secretary of State for Transport

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and I. Kaufmann-Bühler, acting as Agents)

(Case C-308/06) (1)

Defendant: French Republic (represented by: G. de Bergues and
C. Bergeot-Nunes, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, all the provisions necessary
to comply with Articles 2, 10(1), and 12(3) and (4) of Council
Directive 89/391/EEC of 12 June 1989 on the introduction of
measures to encourage improvements in the safety and health of
workers at work (OJ 1989 L 183, p. 1)

Operative part of the judgment

The Court:

1. Declares that, by failing to adopt, within the period prescribed,
all
the provisions necessary to comply with Articles 2, 10(1),
and 12(3) and (4) of Council Directive 89/391/EEC of 12 June
1989 on the introduction of measures to encourage improvements
in the safety and health of workers at work, the French Republic
has failed to fulfil its obligations under that directive;

(Maritime transport — Ship-source pollution — Directive
2005/35/EC — Validity — United Nations Convention on the
Law of the Sea — Marpol 73/78 Convention — Legal effects
of the Conventions — Ability to rely on them — Serious
negligence — Principle of legal certainty)

(2008/C 183/03)

Language of the case: English

Referring court

High Court of Justice of England and Wales, Queen's Bench
Division (Administrative Court)

Parties to the main proceedings

Applicants: The Queen on the application of International Asso-
ciation of
Interna-
Independent Tanker Owners (Intertanko),
tional Association of Dry Cargo Shipowners (Intercargo), Greek
Interna-
Shipping Co-operation Committee, Lloyd's Register,
tional Salvage Union

Defendant: Secretary of State for Transport

19.7.2008

EN

Official Journal of the European Union

C 183/3

Re:

Parties to the main proceedings

Reference for a preliminary ruling — High Court of Justice of
England and Wales, Queen's Bench Division (Administrative
Court) — Validity of Articles 4 and 5(1) and (2) of Directive
2005/35/EC of the European Parliament and of the Council of
7 September 2005 on ship-source pollution and on the intro-
duction of penalties for infringements (OJ 2005 L 255, p. 11)
— Community provisions having the effect of
limiting a
number of exceptions contained in an international convention
(International Convention for the Prevention of Pollution from
Ships (MARPOL Convention)) — Provisions imposing criminal
penalties in situations in which an international convention
(United Nations Convention on the Law of the Sea (UNCLOS))
does not impose any such penalties

Operative part of the judgment

1. The validity of Directive 2005/35/EC of the European Parliament
and of the Council of 7 September 2005 on ship-source pollution
and on the introduction of penalties for infringements cannot be
assessed:

— either in the light of

the International Convention for the
Prevention of Pollution from Ships, signed in London on
supplemented by the Protocol of
2 November 1973, as
17 February 1978,

— or in the light of the United Nations Convention on the Law
of the Sea, signed in Montego Bay on 10 December 1982.

Applicant: Industria Lavorazione Carni Ovine Srl

Defendant: Regione Lazio

Re:

Reference for a preliminary ruling — Corte suprema di cassa-
zione — Interpretation of Council Regulation (EEC) No 866/90
of 29 March 1990 on improving the processing and marketing
conditions for agricultural products (OJ 1990 L 91, p. 1) —
Exclusion of investments in the marketing and/or processing of
products from third countries — Exclusion in the case of invest-
ments which also concern products
from Member States,
complying with the specific programme under which the finan-
cing was obtained

Operative part of the judgment

On a proper construction of Article 13 of Council Regulation (EEC)
No 866/90 of 29 March 1990 on improving the processing and
marketing conditions for agricultural products, in circumstances such as
those of the case in the main proceedings, payment of financial assis-
the marketing or processing of
tance is not excluded in cases of
products including products originating beyond the territory of
the
Community, when the specific programme for which that financial
assistance was granted has been observed, in so far as products origin-
ating within the Community have been marketed or processed in the
quantities provided for.

2. Examination of the fourth question has revealed nothing capable of
affecting the validity of Article 4 of Directive 2005/35 in the light
of the general principle of legal certainty.

(1) OJ C 42, 24.2.2007.

(1) OJ C 261, 28.10.2006.

Judgment of the Court (Eighth Chamber) of 5 June 2008
(reference for a preliminary ruling from the Corte Suprema
di Cassazione — Italy) — Industria Lavorazione Carni
Ovine Srl v Regione Lazio

(Case C-534/06) (1)

(Common agricultural policy — EAGGF — Article 13 of
Regulation (EEC) No 866/90 — Exclusion of investments
relating to the processing of products from third countries —
Principle of proportionality)

(2008/C 183/04)

Language of the case: Italian

Judgment of the Court (Second Chamber) of 5 June 2008
(reference for a preliminary ruling from the Tribunal de
grande Instance de Nantes — Commission d'Indemnisation
des Victimes d'infractions — France) — James Wood v
Fonds de Garantie des victimes des actes de Terrorisme et
d'autres Infractions

(Case C-164/07) (1)

(Article 12 EC — Discrimination on grounds of nationality
— Compensation awarded by the Fonds de garantie des
victimes des actes de terrorisme et d'autres infractions — Not
included)

(2008/C 183/05)

Language of the case: French

Referring court

Corte Suprema di Cassazione

Referring court

Tribunal de Grande Instance de Nantes — Commission d'Indem-
nisation des Victimes d'infractions