Case C-225/07: Order of the Court (Third Chamber) of 3 July 2008 — (reference for a preliminary ruling from the Amtsgericht Landau/Isar (Germany)) — Criminal proceedings against Rainer Günther Möginger (First paragraph of Article 104(3) of the Rules of Procedure — Directive 91/439/EEC — Mutual recognition of driving licences — Withdrawal of driving licence — Temporary ban on obtaining a new right to drive — Validity of a permit obtained in another Member State during the period of the ban)
Date: 2008-07-03
Institutions: Court of Justice
Subjects: driving licence, interpretation of the law, mutual recognition principle, traffic regulations

8.11.2008

EN

Official Journal of the European Union

C 285/11

Order of
the Court (Sixth Chamber) of 10 July 2008
(reference for a preliminary ruling from the Cosiglio di
Stato (Italy)) — Salvatore Aiello and Others v Comune di
Milano, Sindaco di Milano, Comitato tecnico-scientifico per
l'emergenza del
traffico e della mobilità nella città di
Milano, Provincia di Milano, Regione Lombardia, Ministero
delle Infrastrutture e dei Trasporti, Ministero dell'Interno,
Presidenza del Consiglio dei Ministri, Euromilano SpA,
Metropolitana milanese SpA

(Case C-156/07) (1)

(Reference for a preliminary ruling — Directive 85/337/EEC
— Assessment of the effects of certain public and private
projects on the environment — Construction of a road in
Milan)

(2008/C 285/17)

Language of the case: Italian

Referring court

Consiglio di Stato (Italy)

Parties

Applicant: Salvatore Aiello and Others

Defendants: Comune di Milano, Sindaco di Milano, Comitato
tecnico-scientifico per l'emergenza del traffico e della mobilità
nella città di Milano, Provincia di Milano, Regione Lombardia,
Ministero delle Infrastrutture e dei Trasporti, Ministero dell'In-
terno, Presidenza del Consiglio dei Ministri

Interveners: Euromilano SpA, Metropolitana milanese SpA

Re:

Reference for a preliminary ruling — Consiglio di Stato — Inter-
pretation of Articles 2 and 4 of Council Directive 85/337/EEC
of 27 June 1985 on the assessment of the effects of certain
public and private projects on the environment (OJ 1985 L 175,
p. 40), and of Annex III thereto — Selection criteria to be taken
into account in evaluating a project — Construction of a road
(‘the Interquartiere Nord’) in Milan

and II of the directive, as provided in Article 4 of the directive and
subject to Article 1(4) and (5) and Article 2(3) of the directive;

2. Member States are under an obligation to take into account the
relevant selection criteria set out in Annex III of Directive 85/337,
as amended by Directive 97/11, when they determine, for projects
listed in Annex II of the directive — on the basis of a case-by-case
assessment or on the basis of thresholds or criteria that they lay
down — whether the project at issue must be made subject to an
environmental impact assessment;

3. Where a Member State chooses to determine on a case-by-case
basis which of the projects listed in Annex II of Directive 85/337,
as amended by Directive 97/11, must be made subject to an envir-
onmental impact assessment, it must ensure — either by having its
national rules refer back to Annex III of the directive or by incor-
porating the criteria set out in Annex III in its national rules —
that, as long as a particular one is relevant to the project at issue,
all of
those criteria can effectively be taken into account, and
cannot explicitly or implicitly exclude one of them.

(1) OJ C 140, 23.6.2007.

Order of the Court (Third Chamber) of 3 July 2008 —
(reference for a preliminary ruling from the Amtsgericht
Landau/Isar (Germany)) — Criminal proceedings against
Rainer Günther Möginger

(Case C-225/07) (1)

(First paragraph of Article 104(3) of the Rules of Procedure
— Directive 91/439/EEC — Mutual recognition of driving
licences — Withdrawal of driving licence — Temporary ban
on obtaining a new right to drive — Validity of a permit
obtained in another Member State during the period of
the ban)

(2008/C 285/18)

Language of the case: German

Operative part of the order

1. Article 2(1) of Council Directive 85/337/EEC of 27 June 1985
on the assessment of the effects of certain public and private projects
on the environment, as amended by Council Directive 97/11/EC of
3 March 1997, must be interpreted as meaning that it does not
require any project that may have a significant effect on the envir-
onment to be made subject to the impact assessment provided for
in that directive, but only projects of a kind listed in Annexes I

Referring court

Amtsgericht Landau/Isar (Germany)

Criminal proceedings against

Rainer Günther Möginger

C 285/12

EN

Official Journal of the European Union

8.11.2008

Action

Reference for a preliminary ruling — Amtsgericht Landau/Isar
— Interpretation of Article 8(2) and (4) of Council Directive
91/439/EEC of 29 July 1991 on driving licences (OJ 1991
L 237, p. 1) — Non-recognition by the Member State of resi-
dence, on its territory, of a driving licence obtained in another
Member State during the period of a temporary ban on applying
for a new licence in the Member State of residence

Operative part of the judgment

Articles 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of
29 July 1991 on driving licences, as amended by Regulation (EC)
No 1882/2003 of the European Parliament and of the Council of
29 September 2003, must be interpreted as meaning that they do not
preclude a Member State from refusing to recognise the validity of a
driving licence issued by another Member State where the holder of
that licence was, on the date the licence was issued, subject to a
temporary ban on obtaining a new right to drive in the first Member
State. In this respect, the fact that the question of validity arises after
the date that marked the end of the period of the ban is irrelevant.

Other party to the proceedings: Commission of
Communities
Guerrero, acting as Agents)

the European
(represented by: A. Aresu and L. Escobar

Re:

Appeal brought against the order of the Court of First Instance
(Fourth Chamber) of 12 July 2007, Ayuntamiento de Madrid and
Madrid Calle 30, SA v Commission (T-177/06) dismissing as inad-
missible an action for annulment of the Eurostat news release
No 48/2006 of 24 April 2006 to the extent that it contains a
decision of the Commission (Eurostat) on the classification of
Madrid Calle 30 in the ‘public administration’ sector within the
European System of Accounts (ESA 95)

Operative part of the order

1. The appeal is dismissed.

2. Ayuntamiento de Madrid and Madrid Calle 30, SA are ordered to

pay the costs.

(1) OJ C 183, 4.8.2007

(1) OJ C 283, 24.11.2007.

Order of the Court of 20 June 2008 — Ayuntamiento de
the
Madrid, Madrid Calle 30, SA v Commission of

European Communities

Order of the Court (Fifth Chamber) of 27 June 2008 —
Philip Morris Products SA v Office for Harmonisation in
the Internal Market (Trade Marks and Designs)

(Case C-448/07 P) (1)

(Case C-497/07 P) (1)

(Appeal — Provision of data relating to the excessive deficit
procedure — Regulation (EC) No 3605/93 — European
System of Accounts 1995 (ESA 1995) — Regulation (EC)
No 2223/96 — Classification of the body ‘Madrid Calle 30’
in the ‘general government sector’ — Eurostat press release —
Actionable act)

(Appeal — Community trade mark — Article 7(1)(b) of
Regulation (EC) No 40/94 — Three-dimensional mark repre-
senting the shape of a packet of cigarettes — Refusal to
register)

(2008/C 285/19)

Language of the case: Spanish

(2008/C 285/20)

Language of the case: French

Parties

Parties

Applicant: Philip Morris Products SA (represented by: T. Van
Innis, avocat)

Appellant: Ayuntamiento de Madrid, Madrid Calle 30, SA (repre-
sented by: J. Buendía Sierra and R. González-Gallarza Granizo,
abogados)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Rassat, Agent)