Case C-1/07: Judgment of the Court (Third Chamber) of 20 November 2008 (Reference for a preliminary ruling from the Landgericht Siegen — Germany) — Criminal proceedings against Frank Weber (Directive 91/439/EEC — Mutual recognition of driving licences — Temporary suspension of a driving licence — Withdrawal of right to drive — Validity of a second driving licence obtained in another Member State during the period of temporary suspension)
Date: 2008-11-20
Institutions: Court of Justice
Subjects: European driving licence, driving licence, harmonisation of standards, interpretation of the law, technical standard, traffic regulations

C 6/2

EN

Official Journal of the European Union

10.1.2009

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Second Chamber) of 20 November
the European Communities v
2008 — Commission of

Ireland

(Case C-66/06) (1)

(Failure of a Member State to fulfil obligations — Directive
85/337/EEC — Assessment of the effects of projects on the
environment — Consent given without an assessment)

(2009/C 6/02)

Language of the case: English

consent is given, projects likely to have significant effects on the
environment that belong to the categories of projects covered by
point 1(a) to (c) and (f) of Annex II to that directive are made
subject to a requirement for development consent and to an assess-
ment with regard to their environmental effects in accordance with
Articles 5 to 10 of the directive, Ireland has failed to fulfil its obli-
gations under the directive;

2. Orders Ireland to pay the costs of the Commission of the European

Communities;

3. Orders the Republic of Poland to bear its own costs.

(1) OJ C 108, 6.5.2006.

Parties

Applicant: Commission of the European Communities (repre-
sented by: F. Simonetti and X. Lewis, acting as Agents, F. Louis,
avocat, and C. O'Daly, Solicitor)

Defendant: Ireland (represented by: D. O'Hagan, acting as Agent,
J. Connolly SC and G. Simons BL)

Intervener in support of the defendant: Republic of Poland (repre-
sented by: E. Ośniecka-Tamecka, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 2(2) and 4(2) to (4) of Council Directive 85/337/EEC
of 27 June 1985 on the assessment 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) — Consent given without an assessment

Operative part of the judgment

The Court:

Judgment of the Court (Third Chamber) of 20 November
2008 (Reference for
a preliminary ruling from the
Landgericht Siegen — Germany) — Criminal proceedings
against Frank Weber

(Case C-1/07) (1)

(Directive 91/439/EEC — Mutual recognition of driving
licences — Temporary suspension of a driving licence —
Withdrawal of right to drive — Validity of a second driving
licence obtained in another Member State during the period of
temporary suspension)

(2009/C 6/03)

Language of the case: German

1. Declares that, by not adopting, in conformity with Articles 2(1)
and 4(2) to (4) of Council Directive 85/337/EEC of 27 June
1985 on the assessment of the effects of certain public and private
projects on the environment, as amended by Council Directive
97/11/EC of 3 March 1997, all measures to ensure that, before

Referring court

Landgericht Siegen

10.1.2009

EN

Official Journal of the European Union

C 6/3

Party in the main proceedings

Re:

Frank Weber

Re:

Reference for a preliminary ruling — Landgericht Siegen —
Interpretation of Article 8(2) and (4) of Council Directive
91/439/EEC of 29 July 1991 on driving licences (OJ 1991
L 237, p. 1) — Non-recognition by the Member State of resi-
dence, in its territory, of a driving licence obtained in another
Member State during a driving ban before the administrative
withdrawal of the right to drive by the Member State of resi-
dence

Operative part of the judgment

Articles 1(2) and 8(2) and (4) of Council Directive 91/439/EEC of
29 July 1991 on driving licences must be interpreted as meaning that
a Member State is not precluded from refusing to recognise, in its terri-
tory, a right to drive under a driving licence issued by another Member
State to a person whose right to drive was withdrawn, in the territory
of the first Member State, even though that withdrawal was ordered
after the issue of that driving licence, provided that the licence was
obtained during a period in which a licence issued in the first Member
State was suspended and both the suspension and the withdrawal are
based on grounds existing at the date of issue of the second driving
licence.

(1) OJ C 42, 24.2.2007.

Judgment of the Court (Second Chamber) of 20 November
2008 — Heuschen & Schrouff Oriëntal Foods Trading BV v
Commission of the European Communities

(Case C-38/07 P) (1)

the Court of First Instance
Appeal against the judgment of
(Third Chamber) of 30 November 2006 in Case T-382/04
Heuschen & Schrouff Oriëntal Foods v Commission, by which the
Court of First Instance dismissed an application for annulment
of Commission Decision REM 19/2002 of 17 June 2004
finding that remission of import duties was not justified in a
particular case

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Heuschen & Schrouff Oriëntal Foods Trading BV to pay the

costs.

(1) OJ C 82, 14.4.2007.

Judgment of the Court (Fourth Chamber) of 13 November
the European Communities v
2008 — Commission of

Italian Republic

(Case C-46/07) (1)

(Failure of Member State
its obligations —
Article 141 EC — Social Policy — Equal pay for male and
female workers — Concept of ‘pay’ — Officials' retirement
scheme)

to fulfil

(2009/C 6/05)

Language of the case: Italian

(Appeal — Remission of import duties — Commission deci-
sion — Article 239 of the Customs Code — Existence of a
special situation — Absence of deception — Obvious negli-
gence on the part of the importer)

Parties

(2009/C 6/04)

Language of the case: Dutch

Applicant: Commission of the European Communities (repre-
sented by: L. Pignataro-Nolin and M. van Beek, acting as Agents)

Defendant: Italian Republic (represented by: I. Braguglia, Agent
and G. Fiengo and W. Ferrante, Lawyers)

Parties

Re:

Appellant: Heuschen & Schrouff Oriëntal Foods Trading BV
(represented by: H. de Bie, advocaat)

Other party to the proceedings: Commission of
the European
Communities (represented by: X. Lewis, acting as Agent, assisted
by F. Tuytschaever, advocaat)

Failure of Member State to fulfil its obligations — Infringement
of Article 141 EC — Infringement of the principle of equal pay
for male and female workers — National legislation providing
for a retirement age for public officials which varies according
to sex