Case C-155/07: Judgment of the Court (Third Chamber) of 6 November 2008 — European Parliament v Council of the European Union (Action for annulment — Decision 2006/1016/EC — Community guarantee to the European Investment Bank against losses under loans and loan guarantees for projects outside the Community — Choice of legal basis — Article 179 EC — Article 181a EC — Compatibility)
Date: 2008-11-06
Institutions: Court of Justice
Subjects: Council of the European Union, EIB loan, European Parliament, action for annulment (EU), credit guarantee, developing countries, legal basis

C 327/2

EN

Official Journal of the European Union

20.12.2008

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 6 November
the European Communities v
2008 — Commission of

Operative part of the judgment

Federal Republic of Germany

The Court:

(Case C-247/06) (1)

1. dismisses the action;

2. orders the Commission to pay the costs;

(Failure of a Member State to fulfil its obligations — Directive
85/337/EEC — Effects of certain projects on the environment
— Heating installation — Energy production — Partial
incineration of dangerous products)

3. orders the United Kingdom of Great Britain and Northern Ireland

to bear its own costs.

(2008/C 327/02)

Language of the case: German

(1) OJ C 190 of 12.8.2006.

Parties

Judgment of the Court (Third Chamber) of 6 November
2008 — European Parliament v Council of the European
Union

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and F. Simonetti, acting as Agents)

(Case C-155/07) (1)

Defendant: Federal Republic of Germany (represented by: M.
Lumma and C. Schulze-Bahr, acting as Agents)

Intervener in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented by: T. Harris, I. Rao
and J. Maurici, acting as Agents)

(Action for annulment — Decision 2006/1016/EC — Com-
munity guarantee to the European Investment Bank against
losses under loans and loan guarantees for projects outside the
Community — Choice of legal basis — Article 179 EC —
Article 181a EC — Compatibility)

(2008/C 327/03)

Language of the case: French

Re:

Parties

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 4(1), in conjunction with Annex I, point 9, of
Council Directive 85/337/EEC of 27 June 1985 on the assess-
ment of the effects of certain public and private projects on the
environment (OJ 1985 L 175, p. 40), as amended by Directive
97/11/EC of 3 March 1997 (OJ 1997 L 73, p. 5) — Authorisa-
tion of a heating installation for the production of energy which
partly incinerates dangerous waste without first carrying out an
assessment of the effects on the environment — Waste disposal
and waste recovery operations

Applicant: European Parliament
A. Baas and D. Gauci, acting as Agents)

(represented by: R. Passos,

Defendant: Council of
the European Union (represented by:
M. Arpio Santacruz, M. Sims and D. Canga Fano, acting as
Agents)

Intervener
in support of
European Communities
F. Dintilhac, acting as Agents)

the defendant: Commission of
by A. Aresu
(represented

the
and

20.12.2008

EN

Official Journal of the European Union

C 327/3

Re:

Action for annulment — Council Decision 2006/1016/EC of
19 December 2006 granting a Community guarantee to the
European Investment Bank against losses under loans and loan
guarantees for projects outside the Community (OJ 2006 L 414,
p. 95) — Choice of legal basis — Article 181a EC — Decision
essentially concerning developing countries — Need to have
recourse to a dual legal basis — Articles 179 EC and 181a EC

Operative part of the judgment

The Court:

1. Annuls Council Decision 2006/1016/EC of 19 December 2006
granting a Community guarantee to the European Investment Bank
against losses under loans and loan guarantees for projects outside
the Community;

2. Orders that the effects of Decision 2006/1016 be maintained for
European Investment Bank financing arrangements entered into
before the entry into force, within a period of 12 months from the
date of delivery of this judgment, of a new decision adopted on the
appropriate legal basis, namely Articles 179 EC and 181a EC
together;

Other party to the proceedings: Commission of
the European
Communities (represented by: I. Zervas and D. Triantafyllou,
acting as Agents)

Re:

the Court of First
Appeal brought against the judgment of
Instance (First Chamber) of 17 January 2007 in Case T-231/04
Hellenic Republic v Commission of the European Communities, by
which the Court of First Instance dismissed as unfounded an
action for annulment of the Commission decision to proceed to
recovery by the offsetting of sums owed by Greece following its
participation in the Abuja I and II projects to create a common
diplomatic mission of the countries of the European Union in
Abuja (Nigeria)

Operative part of the judgment

The Court:

1. Dismisses the appeal.

2. Orders the Hellenic Republic to pay the costs.

3. Orders the Council of the European Union to pay the costs except

those of the Commission of the European Communities;

(1) OJ C 155, 7.7.2007.

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

own costs.

(1) OJ C 155, 7.7.2007.

Judgment of the Court (Second Chamber) of 6 November
2008 — Hellenic Republic v Commission of the European
Communities

(Case C-203/07 P) (1)

(Appeal — Project to set up a common diplomatic representa-
tion in Abuja (Nigeria) — Reimbursement of sums owed by
the Hellenic Republic — Offsetting against the amount to be
paid by the Commission under the Regional Operational
Programme for mainland Greece)

Judgment of the Court (Third Chamber) of 6 November
2008 (reference for a preliminary ruling from the Hof van
beroep te Antwerpen — Belgium) — Trespa International
B.V. v Nova Haven- en Vervoerbedrijf N.V.

(Case C-248/07) (1)

(Regulation implementing the Community Customs Code —
Articles 291 and 297 — Favourable tariff treatment — End-
use — Concept of ‘person importing the goods or having
them imported for free circulation’ — Concept of ‘transfer of
goods within the Community’ — Concept of ‘transferee’)

(2008/C 327/05)

Language of the case: Dutch

(2008/C 327/04)

Referring court

Language of the case: Greek

Hof van beroep te Antwerpen

Parties

Parties to the main proceedings

Applicant: Trespa International B.V.

Appellant: Hellenic Republic (represented by: P. Mylonopoulos,
S. Trekli and Z. Stavridi, acting as Agents)

Defendant: Nova Haven- en Vervoerbedrijf N.V.