Case C-261/08: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Murcia (Spain) lodged on 19 June 2008 — María Julia Zurita García v Delegado del Gobierno en la Región de Murcia
Date: 2008-06-19
Institutions: Court of Justice
Subjects: Schengen Agreement, border control, fine, foreign national, interpretation of the law, removal, residence permit

15.8.2008

EN

Official Journal of the European Union

C 209/33

4. The Commission maintains in addition that Article 4(1) of
Directive 79/409/EEC has not been transposed correctly
because no formal procedure for designating areas as SPAs
has been provided for, there is no express reference and link
between the species in Annex I and the requirement to desig-
nate SPAs and there is no reference to the requirement to
take into account trends and variations in population levels
of protected species.

5. The Commission then finds that Article 5 of Directive
79/409/EEC has not been transposed fully and correctly
because the Greek legislation contains no general require-
ment of species protection as laid down by the directive but
is oriented towards hunting. Furthermore, the prohibition of
deliberate killing of protected species and deliberate taking of
their eggs has not been transposed.

6. Lastly, the Commission considers that Article 8(1) of Direc-
tive 79/4409/EEC has not been transposed correctly, because
in the Greek legislation there is no general prohibition of the
use of all means, arrangements or methods used for the
large-scale or non-selective capture or killing of birds or
capable of causing the local disappearance of a species.

7. The Commission accordingly considers that

the Hellenic
Republic has not
transposed fully and/or correctly the
requirements resulting from Articles 3(1) and (2), 4(1), 5
and 8(1) of Directive 79/409/EEC on the conservation of
wild birds.

(1) OJ L 103 of 25.4.1979, p. 1.

Question referred

Should Article 62(1) and (2)(a) of the Treaty Establishing the
European Community and Articles 5, 11 and 13 of Regulation
(EC) No 562/2006 (1) of the European Parliament and of the
Council of 15 March 2006 establishing a Community Code on
the rules governing the movement of persons across borders
(Schengen Borders Code) be interpreted as precluding national
legislation, and the case-law which interprets it, which permits
the substitution of the expulsion of any ‘third country national’
who does not have documentation authorising him to enter and
remain in the territory of the European Union by the imposition
of a fine?

(1) OJ L 105, p. 1.

Reference for a preliminary ruling from the Østre Landsret
(Eastern Regional Court) (Denmark) lodged on 19 June
2008 — CopyGene A/S v Skatteministeriet

(Case C-262/08)

(2008/C 209/50)

Language of the case: Danish

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Murcia (Spain) lodged on 19 June
2008 — María Julia Zurita García v Delegado del Gobierno
en la Región de Murcia

(Case C-261/08)

(2008/C 209/49)

Language of the case: Spanish

Referring court

Østre Landsret

Parties to the main proceedings

Applicant: CopyGene A/S

Defendant: Skatteministeriet

Questions referred

Referring court

Tribunal Superior de Justicia de Murcia

Parties to the main proceedings

Applicant: María Julia Zurita García

Defendant: Delegado del Gobierno en la Región de Murcia

1. Is the term activity ‘closely related’

to hospital care in
Article 13A(1)(b) of the Sixth Directive (1) to be interpreted
as implying a temporal requirement so that the hospital care
to which the service is closely related must exist or be specifi-
cally performed, commenced or envisaged, or is it sufficient
that the service will potentially be closely related to possible,
but as yet non-existent or undetermined future hospital care,
so that the services supplied by a stem cell bank, consisting
in the collection,
transportation, analysis and storage of
umbilical cord blood from newborns for autologous use, are
covered by it?

In that connection, is it relevant that the services described
cannot be performed at a later time than the time of
delivery?