Case C-368/07: Judgment of the Court (Seventh Chamber) of 25 September 2008 — Commission of the European Communities v Italian Republic (Failure of a Member State to fulfil obligations — Directive 2000/59/EC — Port reception facilities for ship-generated waste and cargo residues — Failure to develop and implement waste reception and handling plans for all ports)
Date: 2008-09-25
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, committee (EU), harbour installation, national implementing measure, pollution from ships, vessel, waste disposal, waste management

C 301/10

EN

Official Journal of the European Union

22.11.2008

Re:

Re:

Preliminary ruling — Bundesgerichtshof — Interpretation of
Article 7(2)(a) of Directive 96/9/EC of the European Parliament
and of the Council of 11 March 1996 on the legal protection of
databases (OJ 1996 L 77, p. 20) — Adoption of data from a
protected database and their incorporation in a different data-
base on the basis of individual assessments following a close
examination of those data, without any copying being carried
out — Whether such a data adoption and incorporation opera-
tion constitutes ‘extraction’ within the meaning of Directive
96/9/EC

Operative part of the judgment

The transfer of material from a protected database to another database
following an on-screen consultation of the first database and an indivi-
dual assessment of the material contained in that first database is
capable of constituting an ‘extraction’, within the meaning of Article 7
of Directive 96/9 of the European Parliament and of the Council of
11 March 1996 on the legal protection of databases, to the extent
that — which it is for the referring court to ascertain — that opera-
tion amounts to the transfer of a substantial part, evaluated qualita-
tively or quantitatively, of the contents of the protected database, or to
transfers of insubstantial parts which, by their repeated or systematic
nature, would have resulted in the reconstruction of a substantial part
of those contents.

(1) OJ C 211, 8.9.2007.

Judgment of the Court (Seventh Chamber) of 25 September
the European Communities v
2008 — Commission of

Italian Republic

(Case C-368/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2000/59/EC — Port reception facilities for ship-generated
waste and cargo residues — Failure to develop and implement
waste reception and handling plans for all ports)

Failure of Member State to fulfil obligations — Failure to have
the measures
adopted, within the prescribed time-limit, all
necessary to comply with Directive 2000/59/EC of
the
European Parliament and of the Council of 27 November 2000
on port reception facilities for ship-generated waste and cargo
residues (OJ 2000 L 332, p. 81)

Operative part of the judgment

The Court hereby:

1. Declares that, by failing to prepare and adopt waste reception and
handling plans for every Italian port, the Italian Republic has failed
to fulfil its obligations under Article 5(1) and 16(1) of Directive
2000/59/EC of the European Parliament and of the Council of
27 November 2000 on port reception facilities for ship-generated
waste and cargo residues;

2. Orders the Italian Republic to pay the costs.

(1) OJ C 223, 22.9.2007.

Judgment of the Court (First Chamber) of 2 October 2008
(reference for a preliminary ruling from the Supreme
Court — Ireland) — Nicole Hassett v South Eastern Health
Board, Cheryl Doherty v North Western Health Board

(Case C-372/07) (1)

(Jurisdiction — Regulation (EC) No 44/2001 — Point 2 of
Article 22 — Disputes as to the validity of decisions of
organs of companies — Exclusive jurisdiction of the courts of
the State where the company has its seat — Medical practi-
tioners' mutual defence organisation)

(2008/C 301/19)

Language of the case: English

(2008/C 301/18)

Language of the case: Italian

Referring court

Supreme Court

Parties

Parties to the main proceedings

Applicants: Nicole Hassett, Cheryl Doherty

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson and E. Montaguti, Agents)

Defendants: South Eastern Health Board, North Western Health
Board

Defendant:
Agent, G. Fiengo and F. Arena, lawyers)

Italian Republic (represented by:

I.M. Braguglia,

In the presence of: Raymond Howard, Medical Defence Union Ltd,
MDU Services Ltd, Brian Davidson