Case C-164/07: 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 (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)
Date: 2008-06-05
Institutions: Court of Justice
Subjects: EU national, discrimination on the basis of nationality, indemnification, interpretation of the law, survivor's benefit

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

C 183/4

EN

Official Journal of the European Union

19.7.2008

Parties to the main proceedings

Applicant: James Wood

Defendant: Republic of Poland (represented by: E. Osniecka-
Tamecka, Agent)

Defendant: Fonds de Garantie des victimes des actes de Terror-
isme et d'autres Infractions

Re:

Re:

Reference for a preliminary ruling — Tribunal de grande
instance de Nantes (France) — Commission d'Indemnisation des
Victimes d'infractions — Interpretation of Article [12] of the
EC Treaty — Compatibility, with regard to the general principle
of non-discrimination, of national legislation which excludes a
lawfully
national of another Member State of
residing in France and father of a child holding French nation-
ality who died outside French territory,
to
compensation paid by a Fonds de garantie, on the sole ground
of his nationality

from the right

the Union,

Failure of a Member State to fulfil obligations — Breach of
legislation requiring imported
Article 28 EC — National
second-hand vehicles to undergo a roadworthiness test prior to
their registration, whereas domestic vehicles with the same char-
acteristics are not subject to such a requirement

Operative part of the judgment

The Court:

1. Declares that, by subjecting imported second-hand vehicles regis-
tered in other Member States to a roadworthiness test prior to their
registration in Poland, the Republic of Poland has failed to fulfil its
obligations under Article 28 EC;

Operative part of the judgment

2. Orders the Republic of Poland to pay the costs.

Community law precludes legislation of a Member State which excludes
nationals of other Member States who live and work in its territory
from the grant of compensation intended to make good losses resulting
from offences against the person where the crime in question was not
committed in the territory of that State, on the sole ground that they
do not have the nationality of that State.

(1) OJ C 183, 4.8.2007.

(1) OJ C 129, 9.6.2007.

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

(Case C-170/07) (1)

(Failure of Member State to fulfil obligations — Internal
taxation — Requirement for imported second-hand vehicles to
undergo a roadworthiness test — Articles 28 EC and 30 EC
— Directive 96/96/EC — Recognition of roadworthiness tests
carried out in other Member States)

(2008/C 183/06)

Language of the case: Polish

Parties

Judgment of the Court (Seventh Chamber) of 5 June 2008
(reference for a preliminary ruling from the Tribunal
(France)) — JVC France SAS v
d'instance de Paris
(Direction Nationale du
Administration des douanes

Renseignement et des Enquêtes douanières)

(Case C-312/07) (1)

(Common Customs Tariff — Tariff
classification —
Combined Nomenclature — Camcorders — Explanatory notes
— Body of legal rules)

(2008/C 183/07)

Language of the case: French

Referring court

Tribunal d'instance de Paris

Parties to the main proceedings

Applicant: JVC France SAS

Applicant: Commission of the European Communities (repre-
sented by: J. Hottiaux and K. Herrmann, acting as Agents)

Defendant: Administration des douanes (Direction Nationale du
Renseignement et des Enquêtes douanières)