Case C-36/08: Judgment of the Court (Sixth Chamber) of 2 October 2008 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Directive 93/16/EEC — Specific training required to practise as a general practitioner — Incorrect transposition)
Date: 2008-10-02
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, diploma, physician, recognition of diplomas, vocational training

C 301/12

EN

Official Journal of the European Union

22.11.2008

Re:

for

Reference
a preliminary ruling — Hoge Raad der
Nederlanden — Interpretation of Commission Regulation (EC)
No 1832/2002 of 1 August 2002 amending Annex I
to
Council Regulation (EEC) No 2658/87 on the tariff and statis-
tical nomenclature and on the Common Customs Tariff
(OJ 2002 L 290, p. 1) — Optical-electrical circuit that is an inte-
gral part of a machine enclosed in a plastic case containing a
light emitting diode (‘LED’), a plastic film and a photodetector
and amplifying circuit and is intended for incorporation in
communication and computer equipment, consumer electronics
and industrial machines — Headings 8541, 8542 and 8543 of
the CN

Article 7 of Decision No 1/80 of the Association Council of
19 September 1980 on the Development of the Association
and of Article 59 of the Additional Protocol on the transitional
phase laid down under the Agreement establishing an Associa-
tion between the European Economic Community and Turkey,
signed on 23 November 1970 and concluded, approved and
confirmed on behalf of the Community by Council Regulation
(EEC) No 2760/72 of 19 December 1972 (JO 1972 L 293,
p. 1) — Right of residence of a Turkish national who entered
the territory of a Member State as a minor for the purpose of
family reunification — Loss of the right of residence — No
lawful pursuit of an economic activity after the party in ques-
tion attained majority

Operative part of the judgment

Operative part of the judgment

The Combined Nomenclature in Annex I to Council Regulation (EEC)
No 2658/87 of 23 July 1987 on the tariff and statistical nomencla-
ture and on the Common Customs Tariff, as amended by Commission
Regulation (EC) No 1832/2002 of 1 August 2002, must be inter-
preted as meaning that an optocoupler, regardless of whether not it
contains an amplifying circuit, falls within heading 8541.

(1) OJ C 283, 24.11.2007.

Judgment of the Court (Third Chamber) of 25 September
2008 (reference
a preliminary ruling from the
Verwaltungsgericht Gießen — Germany) — Hakan Er v
Wetteraukreis

for

(Case C-453/07) (1)

(EEC-Turkey Association Agreement — Decision No 1/80 of
the Association Council — Article 7, first paragraph, second
indent — Right of residence of the adult child of a Turkish
worker — Absence of paid employment — Conditions
governing the loss of acquired rights)

(2008/C 301/22)

Language of the case: German

Referring court

Verwaltungsgericht Gießen

Parties to the main proceedings

Applicant: Hakan Er

Defendant: Wetteraukreis

Re:

A Turkish national, who was authorised to enter the territory of a
Member State as a child in the context of a family reunion, and who
has acquired the right to take up freely any paid employment of his
choice under the second indent of the first paragraph of Article 7 of
Decision No 1/80 of 19 September 1980 on the Development of the
Association, adopted by the Association Council established by the
Association Agreement between the European Economic Community
and Turkey, does not lose the right of residence in that State, which is
the corollary of that right of free access, even though, at the age of 23,
he has not been in paid employment since leaving school at the age of
16 and has taken part in government job-support schemes without,
however, completing them.

(1) OJ C 297, 8.12.2007.

Judgment of the Court (Sixth Chamber) of 2 October 2008
— Commission of the European Communities v Hellenic
Republic

(Case C-36/08) (1)

(Failure of a Member State to fulfil obligations — Directive
93/16/EEC — Specific training required to practise as a
general practitioner — Incorrect transposition)

(2008/C 301/23)

Language of the case: Greek

Parties

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

Reference for a preliminary ruling — Verwaltungsgericht Gießen
— Interpretation of the second indent of the first paragraph of

Defendant: Hellenic Republic (represented by: E. Skandalou,
acting as Agent)

22.11.2008

EN

Official Journal of the European Union

C 301/13

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 30, 31 and 36 of Council Directive 93/16/EEC of
5 April 1993 to facilitate the free movement of doctors and the
mutual recognition of
their diplomas, certificates and other
evidence of formal qualifications (OJ 1993 L 165, p. 1) —
Specific training required to practise as a general practitioner

Operative part of the judgment

The Court:

1. Declares that, by adopting and maintaining in force rules such as
Article 29(d.1) and (d.2) of Law 3209/2003 which are not in
compliance with Articles 30, 31 and 36 of Council Directive
93/16/EEC of 5 April 1993 to facilitate the free movement of
doctors and the mutual recognition of their diplomas, certificates
and other evidence of formal qualifications, as amended by Directive
2001/19/EC of the European Parliament and of the Council of
14 May 2001, the Hellenic Republic has failed to fulfil its obliga-
tions under Articles 30, 31 and 36 of that directive;

2. Dismisses the action as to the remainder;

3. Orders the Hellenic Republic to pay the costs.

(1) OJ C 92, 12.4.2008.

Operative part of the judgment

The Court:

1. Declares that by failing to adopt the laws, regulations and adminis-
trative provisions necessary to comply with Council Directive
2003/72/EC of 22 July 2003 supplementing the Statute for a
European Cooperative Society with regard to the involvement of
employees, or by not ensuring that management and labour intro-
duce the required provisions by way of agreement, the Grand Duchy
of Luxembourg has
obligations under
to
failed
Article 16(1) of that directive;

fulfil

its

2. Orders the Grand-Duchy of Luxembourg to pay the costs.

(1) OJ C 116, 9.5.2008.

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

Czech Republic

(Case C-87/08) (1)

(Failure to fulfil obligations — Directive 2006/73/EC —
Measures implementing Directive 2004/39/EC — Organisa-
tional requirements and operating conditions for investment
firms — Failure to adopt within the prescribed period)

Judgment of the Court (Sixth Chamber) of 9 October 2008
— Commission of the European Communities v Grand
Duchy of Luxembourg

Parties

(2008/C 301/25)

Language of the case: Czech

(Case C-70/08) (1)

(Failure of a Member State to fulfil obligations — Directive
2003/72/EC — Statute for a European Cooperative Society —
the
Involvement of employees in the decision-making of

society — Failure to transpose within the prescribed period)

Applicant: Commission of the European Communities (repre-
sented by: P. Dejmek, acting as Agent)

Defendant: Czech Republic (represented by: M. Smolek, acting as
Agent)

(2008/C 301/24)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and J. Enegren, acting as Agents)

Defendant: Grand Duchy of Luxembourg (represented by: C.
Schiltz, acting as Agent)

Re:

Failure of a Member State to fulfil its obligations — Failure to
transpose Commission Directive 2006/73/EC of 10 August
the European
2006 implementing Directive 2004/39/EC of
Parliament and of the Council as regards organisational require-
ments and operating conditions for
firms and
defined terms for the purposes of that Directive (OJ 2006 L 241,
p. 26).

investment

Operative part of the judgment

The Court:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt or notify, within the prescribed period, the provisions
necessary to comply with Council Directive 2003/72/EC of
22 July 2003 supplementing the Statute for a European Coop-
erative Society with regard to the involvement of employees
(OJ 2003 L 207, p. 25)

1. Declares that, by failing to adopt all such laws, regulations and
administrative provisions necessary to comply with Commission
Directive 2006/73/EC of 10 August 2006 implementing Direc-
tive 2004/39/EC of the European Parliament and of the Council
as regards organisational requirements and operating conditions for
investment firms and defined terms for the purposes of that Direc-
tive, the Czech Republic has failed to fulfil
its obligations under
Article 53(1) of that directive;