Case C-465/08: Action brought on 29 October 2008 — Commission of the European Communities v Hellenic Republic
Date: 2008-10-29
Institutions: Court of Justice
Subjects: European Community, Greece, action for failure to fulfil an obligation, disclosure of information, fine, labour law, professional qualifications

C 327/20

EN

Official Journal of the European Union

20.12.2008

Form of order sought

Action brought on 27 October 2008 — Commission of the
European Communities v Republic of Estonia

— declare that, by retaining in its legislation the requirement of
Greek nationality for access to the posts of captain and
officer (chief mate) on all vessels flying the Greek flag, the
Hellenic Republic has failed to fulfil
its obligations under
Article 39 of the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Justification on the basis of Article 39(4) is lacking since no
public powers are in fact usually exercised by captains and chief
mates.

Action brought on 27 October 2008 — Commission of the
European Communities v Kingdom of Spain

(Case C-463/08)

(2008/C 327/33)

Language of the case: Spanish

(Case C-464/08)

(2008/C 327/34)

Language of the case: Estonian

Parties

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

Defendant: Republic of Estonia

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/65/EC of the European Parliament and of the Council
of 26 October 2005 on enhancing port security (1), or in
any event by failing to notify the Commission of the adop-
tion of those measures, the Republic of Estonia has failed to
fulfil its obligations under the directive;

— order the Republic of Estonia to pay the costs.

Pleas in law and main arguments

The period for
expired on 15 June 2007.

transposing the directive into national

law

Parties

(1) OJ 2005 L 310, p. 28.

Applicant: Commission of the European Communities (repre-
sented by: H. Støvlbæk and M.A. Rabanal Suárez, acting as
Agents

Defendant: Kingdom of Spain

Form of order sought

— Declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2005/36/EC (1) of
the
Council of 7 September 2005 on the recognition of profes-
sional qualifications, and, in any event, by failing to commu-
nicate those provisions to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under the directive;

the European Parliament and of

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The time-limit laid down to transpose Directive 2005/36/EC
expired on 20 October 2007.

(1) OJ 2005 L 225, p. 22.

Action brought on 29 October 2008 — Commission of the
European Communities v Hellenic Republic

(Case C-465/08)

(2008/C 327/35)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Karanasou-Apostolopoulou and H. Støvlbæk)

Defendant: Hellenic Republic

Form of order sought

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2005/36/EC (1) of
the
Council of 7 September 2005 on the recognition of profes-
sional qualifications, and in any event by not notifying those
provisions to the Commission, the Hellenic Republic has
failed to fulfil its obligations under that directive;

the European Parliament and of

— order the Hellenic Republic to pay the costs.

20.12.2008

EN

Official Journal of the European Union

C 327/21

Pleas in law and main arguments

The time-limit for transposition of Directive 2005/36/EC into
domestic law expired on 20 October 2007.

(1) OJ L 255 of 30.9.2005.

Reference for a preliminary ruling from the Augstākās
tiesas Senāts (Republic of Latvia) lodged on 23 October
2008 — Alstom Power Hydro v Valsts ieņēmumu dienests

(Case C-472/08)

(2008/C 327/37)

Language of the case: Latvian

Action brought on 30 October 2008 — Commission of the
European Communities v Republic of Cyprus

(Case C-466/08)

(2008/C 327/36)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Karanasou-Apostolopoulou and H. Støvlbæk)

Defendant: Republic of Cyprus

Form of order sought

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply fully with
Directive 2005/36/EC (1) of the European Parliament and of
the Council of 7 September 2005 on the recognition of
professional qualifications, and in any event by not notifying
those provisions to the Commission, the Republic of Cyprus
has failed to fulfil its obligations under that directive;

— order the Republic of Cyprus to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2005/36/EC into
domestic law expired on 20 October 2007.

Referring court

Augstākās tiesas Senāts

Parties to the main proceedings

Applicant: Alstom Power Hydro

Defendant: Valsts ieņēmumu dienests

Question referred

On a proper construction of Article 18(4) of Council Directive
77/388/EEC (1) of 17 May 1977, is it contrary to that provision
for domestic legislation to lay down a limitation period of three
years for the exercise of the right to recover sums of VAT over-
paid (the difference between output tax and deductible input
tax)?

(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment
(OJ 1977 L 145, p. 1).

Order of the President of the Court of 13 October 2008
(reference for a preliminary ruling from the Tribunal
administratif — Luxembourg) — Miloud Rimoumi,
Gabrielle Suzanne Marie Prick v Ministre des Affaires
étrangères et de l'Immigration

(Case C-276/08) (1)

(2008/C 327/38)

Language of the case: French

(1) OJ L 255 of 30.9.2005.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 236, 13.9.2008.