Case C-521/06 P: Judgment of the Court (Fourth Chamber) of 17 July 2008 — Athinaïki Techniki AE v Commission of the European Communities, Athens Resort Casino AE Symmetochon (Appeal — State aid — Aid granted by the Hellenic Republic to the Hyatt Regency consortium — Complaint — Decision to take no further action on the complaint — Regulation (EC) No 659/1999 — Articles 4, 13 and 20 — Concept of act open to challenge for the purposes of Article 230 EC)
Date: 2008-07-17
Institutions: Court of Justice
Subjects: European Commission, State aid, appeal, competition law, complaint to the Commission, control of State aid

C 223/10

EN

Official Journal of the European Union

30.8.2008

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders L & D SA to pay the costs.

(1) OJ C 20, 27.1.2007.

by private health care establishments on national television networks
while at
to
certain conditions, on local television networks.

the same time permitting such advertisements, subject

(1) OJ C 42, 24.2.2007.

Judgment of the Court (Second Chamber) of 17 July 2008
(reference for a preliminary ruling from the Giudice di
Pace di Genova — Italy) — Corporación Dermoestética SA
v To Me Group Advertising Media

(Case C-500/06) (1)

(Articles 3(1)(g) EC, 4 EC, 10 EC, 43 EC, 49 EC, 81 EC,
86 EC and 98 EC — National legislation prohibiting adver-
tisements for medical or surgical treatments of a cosmetic
nature)

Judgment of the Court (Fourth Chamber) of 17 July 2008
— Athinaïki Techniki AE v Commission of the European
Communities, Athens Resort Casino AE Symmetochon

(Case C-521/06 P) (1)

(Appeal — State aid — Aid granted by the Hellenic Republic
to the Hyatt Regency consortium — Complaint — Decision to
take no further action on the complaint — Regulation (EC)
No 659/1999 — Articles 4, 13 and 20 — Concept of ‘act
open to challenge’ for the purposes of Article 230 EC)

(2008/C 223/15)

Language of the case: French

(2008/C 223/14)

Language of the case: Italian

Parties

Referring court

Giudice di Pace di Genova

Parties to the main proceedings

Applicant: Corporación Dermoestética SA

Defendant: To Me Group Advertising Media

Intervener: Cliniche Futura Srl

Re:

Reference for a preliminary ruling — Giudice di Pace di Genova
— Interpretation of Articles 43 EC, 49 EC, 81 EC, 86 EC and
98 EC — Compatibility of a national provision prohibiting the
broadcasting of advertisements on national television networks
for medical and surgical treatments carried out in private health
care establishments and limiting expenditure on advertising to
5 % of income for the previous year

Operative part of the judgment

Articles 43 EC and 49 EC, read in conjunction with Articles 48 EC
and 55 EC, must be interpreted as precluding legislation, such as that
at issue in the main proceedings, in so far as it prohibits the broad-
casting of advertisements for medical and surgical treatments provided

Appellant: Athinaïki Techniki AE (represented by: S. A. Pappas,
dikigoros)

Other parties to the proceedings: Commission of the European
Communities (represented by: D. Triantafyllou, Agent), Athens
Resort Casino AE Symmetochon (represented by: F. Carlin,
Barrister, and N. Korogiannakis, dikigoros)

Re:

Appeal brought against the order of the Court of First Instance
(Second Chamber) of 26 September 2006 in Case T-94/05 Athi-
naïki Techniki AE v Commission, by which the Court of First
Instance dismissed as inadmissible the action seeking annulment
of the Commission's letter of 2 December 2004 informing the
then applicant that no further action would be taken in regard
to its complaint alleging that State aid had been granted by the
Hellenic Republic in the context of a public contract tendering
procedure — Concept of an act open to challenge for the
purposes of Article 230 EC

Operative part of the judgment

The Court:

1. Sets aside the order of the Court of First Instance of the European
Communities of 26 September 2006 in Case T-94/05 Athinaïki
Techniki v Commission.

2. Rejects

the preliminary plea of

inadmissibility raised by the
Commission of the European Communities before the Court of First
Instance of the European Communities.

30.8.2008

EN

Official Journal of the European Union

C 223/11

3. Refers the case back to the Court of First Instance of the European
Communities for it to rule on the pleas in law of Athinaïki Tech-
niki AE, seeking annulment of the decision of the Commission of
the European Communities of 2 June 2004 to take no further
action concerning State aid allegedly granted by the Hellenic
Republic to the Hyatt Regency consortium in the disposal of 49 %
of the capital of the Casino Mont Parnès.

4. Orders that the costs be reserved.

(1) OJ C 42, 24.2.2007.

Judgment of the Court (First Chamber) of 10 July 2008
(reference for a preliminary ruling from the Tribunal
Dâmbovița — Romania) — Ministerul Administrației și
Internelor — Direcția Generală de Pașapoarte București v
Gheorghe Jipa

(Case C-33/07) (1)

(Citizenship of the Union — Article 18 EC — Directive
2004/38/EC — Right of citizens of the Union and their
family members to move and reside freely within the territory
of the Member States)

(2008/C 223/16)

Language of the case: Romanian

Referring court

Tribunal Dâmbovița

right of citizens of the Union and their family members to move and
reside freely within the territory of the Member States amending Regu-
lation (EEC) No 1612/68 and repealing Directives 64/221/EEC,
68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC,
90/364/EEC, 90/365/EEC and 93/96/EEC do not preclude national
legislation that allows the right of a national of a Member State to
travel to another Member State to be restricted, in particular on the
ground that he has previously been repatriated from the latter Member
the
State on account of his ‘illegal residence’
personal conduct of that national constitutes a genuine, present and
sufficiently serious threat to one of the fundamental interests of society
and that the restrictive measure envisaged is appropriate to ensure the
achievement of the objective it pursues and does not go beyond what is
necessary to attain it. It is for the national court to establish whether
that is so in the case before it.

there, provided that

(1) OJ C 140, 23.6.2006.

Judgment of the Court (Second Chamber) of 10 July 2008
(reference for a preliminary ruling from the Arbeidshof te
Brussel (Belgium)) — Centrum voor gelijkheid van kansen
en voor racismebestrijding v Firma Feryn NV

(Case C-54/07) (1)

(Directive 2000/43/EC — Discriminatory criteria for selecting
staff — Burden of proof — Penalties)

(2008/C 223/17)

Language of the case: Dutch

Parties to the main proceedings

Applicant: Ministerul Administrației și
Generală de Pașapoarte București

Internelor — Direcția

Referring court

Arbeidshof te Brussel

Defendant: Gheorghe Jipa

Parties to the main proceedings

Re:

Reference for a preliminary ruling — Tribunal Dâmbovița —
Interpretation of Article 18 EC and Article 27 of Directive
2004/38/EC of the European Parliament and of the Council of
29 April 2004 on the right of citizens of the Union and their
family members to move and reside freely within the territory
of the Member States amending Regulation (EEC) No 1612/68
and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC,
73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC
and 93/96/EEC (OJ 2004 L 158, p. 77)

Operative part of the judgment

Article 18 EC and Article 27 of Directive 2004/38/EC of
the
European Parliament and of the Council of 29 April 2004 on the

Applicant: Centrum voor gelijkheid van kansen en voor racisme-
bestrijding

Defendant: Firma Feryn NV

Re:

Preliminary ruling — Arbeidshof te Brussel — Interpretation of
Articles 2(2)(a), 8(1) and 15 of Council Directive 2000/43/EC of
29 June 2000 implementing the principle of equal treatment
between persons irrespective of racial or ethnic origin (OJ 2000
L 180, p. 22) — Staff selection criteria that discriminate directly
on grounds of racial or ethnic origin — Burden of proof —
Appraisal and establishment by a national court — Whether the
national court is, or is not, under an obligation to order that an
end be put to the discrimination