Case C-230/07: Judgment of the Court (Eighth Chamber) of 9 October 2008 — Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil obligations — Directive 2002/22/EC — Electronic communications — Single European emergency call number — Caller location — Failure to transpose within the period prescribed)
Date: 2008-10-09
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, consumer protection, national implementing measure, regulation of telecommunications, telephone, transmission network

21.3.2009

EN

Official Journal of the European Union

C 69/5

legislation concerning animal welfare’

3. The notion of ‘compliance with the provisions established in Com-
munity
referred to in
Article 33(9) of Council Regulation (EC) No 1254/1999 of
17 May 1999 on the common organisation of the market in beef
and veal must be interpreted as meaning that, where it is estab-
lished that the Community requirements relating to loading density
laid down in Chapter VI, point 47(B) of the Annex to Directive
91/628, as amended by Directive 95/29, were not complied with
during the transport of the animals, it is necessary, in principle, to
make a finding of non-compliance with those provisions in respect
of all the live animals transported.

4. Community law does not require national courts to apply, of their
own motion, a provision of Community law where such application
would lead them to deny the principle, enshrined in the relevant
national law, of the prohibition of reformatio in pejus.

(1) OJ C 20, 27.1.2007.

Judgment of the Court (First Chamber) of 22 January 2009
v
— Commission

European Communities

the

of
Portuguese Republic

Operative part of the judgment

The Court:

1. Declares

that, by refusing to pay to the Commission of

the
European Communities the default interest payable on account of
the late payment of own resources under the ATA system, the
Portuguese Republic has failed to fulfil its obligations under Arti-
cles 2, 6(2) and 9 to 11 of Council Regulation (EEC, Euratom)
No 1552/89 of 29 May 1989 implementing Decision
88/376/EEC, Euratom on the system of the Communities' own
resources;

2. Dismisses the remainder of the action;

3. Orders the Portuguese Republic to bear its own costs and to pay
three quarters of the costs of the Commission of the European
Communities;

4. Orders the Commission of the European Communities to bear the

remainder of its own costs.

(1) OJ C 117, 26.5.2007.

(Case C-150/07) (1)

(Failure of a Member State to fulfil its obligations — Late
payment of own resources — Default interest payable —
Accounting rules — ATA system)

Judgment of the Court (Eighth Chamber) of 9 October
the European Communities v
2008 — Commission of

Kingdom of the Netherlands

(2009/C 69/06)

Language of the case: Portuguese

(Case C-230/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2002/22/EC — Electronic
communications — Single
European emergency call number — Caller location — Failure
to transpose within the period prescribed)

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Wilms and M. Afonso, acting as Agents)

(2009/C 69/07)

Language of the case: Dutch

Defendant:
Fernandes, J.A. Anjos and C. Guerra Santos, acting as Agents)

Portuguese Republic

(represented by: L.

Inez

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Articles 2, 6(2), 9, 10 and 11 of Council Regulation
(EEC, Euratom) No 1552/89 of 29 May 1989 implementing
Decision 88/376/EEC, Euratom on the system of the Commu-
nities' own resources (OJ 1989 L 155, p. 1) — Refusal to pay
default interest in the case of late payment of own resources
under the ATA system — Accounting rules

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and M. Shotter, acting as Agents)

Defendant: Kingdom of the Netherlands (represented by: C.M.
Wissels)

Intervener in support of the defendant: Republic of Lithuania (repre-
sented by: D. Kriaučiūnas, agent)

C 69/6

EN

Official Journal of the European Union

21.3.2009

Re:

Re:

Failure of a Member State to fulfil obligations — Failure to
adopt, within the prescribed period, the measures necessary to
comply with Article 26(3) of Directive 2002/22/EC of the Euro-
pean Parliament and of
the Council of 7 March 2002 on
universal service and users' rights relating to electronic commu-
nications networks and services (Universal Service Directive)
(OJ L 108, p. 51)

Reference for a preliminary ruling — Bundesgerichtshof —
Interpretation of Article 10(2) of Directive 2006/116/EC of the
European Parliament and of the Council of 12 December 2006
on the term of protection of copyright and certain related rights
(OJ 2006 L 372, p. 12) — Application of the term of protection
to subject-matter that has not at any time been protected in the
Member State in which protection is sought and whose right-
holder is not a Community national.

Operative part of the judgment

The Court:

1. declares that by not making, for calls to the single European emer-
gency call number ‘112’, caller location information available to
authorities handling emergencies, to the extent technically feasible,
the Kingdom of the Netherlands has failed to fulfil its obligations
under Article 26(3) of Directive 2002/22/EC of the European
Parliament and of the Council of 7 March 2002 on universal
communications
relating to electronic
service and users'
networks and services (Universal Service Directive);

rights

2. orders the Kingdom of the Netherlands to pay the costs;

3. orders the Republic of Lithuania to bear its own costs.

(1) OJ C 155, 7.7.2007.

Judgment of the Court (Grand Chamber) of 20 January
2009 (reference for a preliminary ruling from the Bundes-
(Germany)) — Sony Music Entertainment
gerichtshof

(Germany) GmbH v Falcon Neue Medien Vertrieb GmbH

(Case C-240/07) (1)

(Rights related to copyright — Rights of phonogram produ-
cers — Reproduction right — Distribution right — Term of
protection — Directive 2006/116/EC — Rights of nationals
of non-Member States)

(2009/C 69/08)

Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings

Operative part of the judgment

1. The term of protection laid down by Directive 2006/116/EC of
the European Parliament and of
the Council of 12 December
2006 on the term of protection of copyright and certain related
rights is also applicable, pursuant to Article 10(2) thereof, where
the subject-matter at issue has at no time been protected in the
Member State in which the protection is sought.

2. Article 10(2) of Directive 2006/116 is to be interpreted as
meaning that the terms of protection provided for by that directive
apply in a situation where the work or subject-matter at issue was,
on 1 July 1995, protected as such in at least one Member State
under that Member State's national legislation on copyright and
related rights and where the holder of such rights in respect of that
work or subject-matter, who is a national of a non-Member State,
benefited, at that date, from the protection provided for by those
national provisions.

(1) OJ C 170, 21.7.2007.

Judgment of the Court (Second Chamber) of 29 January
2009 (references for a preliminary ruling from the Bundes-
finanzhof — Germany) — Hauptzollamt Hamburg-Jonas v
und Zerlegebetrieb
Josef Vosding

Schlacht-, Kühl-
GmbH & Co.

(Joined Cases C-278/07 to C-280/07) (1)

(Regulation (EC, Euratom) No 2988/95 — Protection of the
European Communities' financial
interests — Article 3 —
Recovery of an export refund — Determining the limitation
period — Irregularities committed before the entry into force
of Regulation (EC, Euratom) No 2988/95 — Rule on limita-
tion forming part of the general civil law of a Member State)

(2009/C 69/09)

Language of the case: German

Applicant: Sony Music Entertainment (Germany) GmbH

Referring court

Defendant: Falcon Neue Medien Vertrieb GmbH

Bundesfinanzhof, Germany