Case C-305/06: Judgment of the Court (Fifth Chamber) of 11 September 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Combined transport of goods between the Member States — Directive 92/106/EEC — Final road haulage leg forming an integral part of a combined transport operation — Nearest suitable railway station)
Date: 2008-09-11
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, carriage of goods, combined transport, common transport policy, road transport

8.11.2008

EN

Official Journal of the European Union

C 285/5

return for exclusivity, substantial commercial advantages which
contribute to an improvement in distribution, facilitate the estab-
lishment or modernisation of
the service station and lower the
distribution costs. It is for the referring court to assess whether
those conditions are satisfied in the case in the main proceedings.

3) Articles 10 to 13 of Regulation No 1984/83, as amended by
Regulation No 1582/97, must be interpreted as precluding the
application of the block exemption to an exclusive supply contract
which provides for the fixing of the retail price by the supplier. It is
for the referring court to ascertain whether, under national law, the
contractual clause relating to that sale price can be amended by
unilateral authorisation of the supplier, such as that at issue in the
main proceedings, and whether a contract which is automatically
void may become valid following an amendment of that contractual
clause which has the effect of bringing that clause into line with
Article 81(1) EC.

4) The automatic nullity provided for in Article 81(2) EC affects a
contract in its entirety only if the clauses which are incompatible
with Article 81(1) EC are not severable from the contract itself.
Otherwise, the consequences of the nullity,
in respect of all the
other parts of the contract, are not a matter for Community law.

(1) OJ C 212, 2.9.2006.

Judgment of the Court (Fifth Chamber) of 11 September
the European Communities v
2008 — Commission of

Hellenic Republic

(Case C-305/06) (1)

(Failure of a Member State to fulfil obligations — Combined
transport of goods between the Member States — Directive
92/106/EEC — Final road haulage leg forming an integral
part of a combined transport operation — Nearest suitable
railway station)

(2008/C 285/06)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and K. Simonsson, acting as Agents)

Defendant: Hellenic Republic (represented by: S. Chala, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 2 and 4 of Council Directive 92/106/EEC on the
establishment of common rules for certain types of combined
transport of goods between Member States (OJ 1992 L 368,
p. 38) — Final road haulage leg forming an integral part of a
combined transport operation — Requirement of a Greek road
transport authorisation

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 224, 16.9.2006.

Judgment of the Court (Fifth Chamber) of 11 September
the European Communities v
2008 — Commission of

Ireland

(Case C-316/06) (1)

(Failure of a Member State to fulfil obligations — Environ-
ment — Directive 91/271/EEC — Pollution and nuisance —
Treatment of urban waste water)

(2008/C 285/07)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and D. Lawunmi, Agents)

Defendant: Ireland (represented by: D. O'Hagan, Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Article 4(1) and (3) of Council Directive 91/271/EEC of
21 May 1991 concerning urban waste-water treatment (OJ 1991
L 135, p. 40) — Failure to ensure that the waste water from a
number of agglomerations is made subject to secondary treat-
treatment before entering collecting
ment or an equivalent
systems (agglomerations of Bray, Howth, Letterkenny, Shanga-
nagh, Sligo and Tramore, County Waterford)

Operative part of the judgment

The Court:

1. Declares that, by failing, first,

IE40, Shanganagh,

in respect of discharges from the
agglomerations known as IE22, Bray, IE31, Howth, IE34, Letter-
kenny,
IE41, Sligo, and IE45, Tramore,
County Waterford, to ensure that, before discharge, waste water
entering collecting systems was made subject to secondary treatment
or an equivalent treatment at the latest by 31 December 2000 and
by failing, second, to ensure that the discharge of that waste water
satisfied the relevant requirements of Annex I.B to Council Directive
91/271/EEC of 21 May 1991 concerning urban waste water
treatment by the said deadline, Ireland has failed to fulfil its obliga-
tions under Article 4(1) and (3) of that directive;

2. Orders Ireland to pay the costs.

(1) OJ C 224, 16.9.2006.