Case C-470/08: Reference for a preliminary ruling from the Gerechtshof te Arnhem (Netherlands), lodged on 3 November 2008 — K. van Dijk v Gemeente Kampen
Date: 2008-11-03
Institutions: Court of Justice
Subjects: EU law, Netherlands, indemnification, interpretation of the law, municipality, property leasing

10.1.2009

EN

Official Journal of the European Union

C 6/15

Form of order sought

— declare that, by failing to adopt, within the prescribed
period, the laws, regulations and administrative provisions
necessary to comply with Directive 2005/36/EC of the Euro-
pean Parliament and of the Council of 7 September 2005
on the recognition of professional qualifications (1) or,
in
any event, by failing to inform the Commission thereof, the
Kingdom of Belgium has failed to fulfil its obligations under
that Directive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

the transposition of Directive 2005/36/EC
The period for
expired on 20 October 2007. At the date of bringing this
action, the Defendant had not yet taken all the measures neces-
sary to transpose the Directive or,
it had not
informed the Commission of them.

in any event,

2. If the answer to Question 1 is in the affirmative: do Regu-
lation No 1782/2003 and Regulation No 795/2004, or the
general principles of Community law, in particular the prin-
ciple of the prohibition of unjustified enrichment, require a
lessor, in the absence of national rules in this respect, to pay
to the lessee compensation for the payment entitlements
transferred to the lessor, and if so, should the lessor compen-
sate the lessee for the full value of those entitlements or for
only a proportion of that value, and, if the latter, for what
proportion?

3. If the answer to Question 1 is in the negative: do Regulation
No 1782/2003 and Regulation No 795/2004, or the general
principles of Community law, in particular the principle of
the prohibition of unjustified enrichment, require a lessee, in
the absence of national rules in this respect, to pay to the
lessor compensation for the payment entitlements retained
by the lessee, and if so, should the lessee compensate the
lessor for the full value of those entitlements or for only a
proportion of that value, and, if the latter, for what propor-
tion?

(1) OJ 2005 L 255, p. 22.

Reference for a preliminary ruling from the Gerechtshof te
lodged on 3 November 2008 —
Arnhem (Netherlands),

K. van Dijk v Gemeente Kampen

(Case C-470/08)

(2009/C 6/24)

Language of the case: Dutch

Referring court

Gerechtshof te Arnhem

Parties to the main proceedings

Appellant: K. van Dijk

Respondent: Gemeente Kampen

Questions referred

1. Do

and

1782/2003 (1)

Regulation No

Regulation
No 795/2004 (2), or the general principles of Community
law, in particular the principle of the prohibition of unjusti-
fied enrichment, require a lessee, in the absence of national
rules in this respect, to deliver the leased land, including the
payment
relating
thereto, to the lessor on the expiry of the lease?

accumulated thereon or

entitlements

(1) Council Regulation (EC) No 1782/2003 of 29 September 2003
establishing common rules for direct support schemes under the
common agricultural policy and establishing certain support
schemes for farmers and amending Regulations (EEC) No 2019/93,
(EC) No 1454/2001,
(EC) No 1453/2001,
(EC) No 1452/2001,
(EC) 1868/94,
(EC)
No 1673/2000,
(EEC) No 2358/71 and (EC) No 2529/2001
(OJ 2003 L 270, p. 1).

(EC) No 1251/1999,

(EC) No 1254/1999,

(2) Commission Regulation (EC) No 795/2004 of 21 April 2004 laying
down detailed rules for the implementation of the single payment
scheme provided for in Council Regulation (EC) No 1782/2003
establishing common rules for direct support schemes under the
common agricultural policy and establishing certain support
schemes for farmers (OJ 2004 L 141, p. 1).

Action brought on 12 November 2008 — Commission of
the European Communities v Kingdom of Belgium

(Case C-490/08)

(2009/C 6/25)

Language of the case: French

Parties

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

Defendant: Kingdom of Belgium