Case C-480/07: Judgment of the Court (Second Chamber) of 11 December 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Directive 2000/59/EC — Port reception facilities for ship-generated waste and cargo residues — Failure to have developed, implemented or approved waste reception and handling plans for all ports)
Date: 2008-12-11
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, harbour installation, pollution from ships, waste disposal, waste management

C 44/18

EN

Official Journal of the European Union

21.2.2009

paper, on advertising material and in the form of badges by a
non-profit-making association in the context of its activity of
seeking to preserve military traditions and collecting and distri-
buting donations — Classification of that use as ‘genuine use’
capable of preserving the rights attached to the mark?

Operative part of the judgment

Article 12(1) of First Council Directive 89/104/EEC of 21 December
1988 to approximate the laws of the Member States relating to trade
marks is to be construed as meaning that a trade mark is put to
genuine use where a non-profit-making association uses the trade
mark,
forth-
coming events, on business papers and on advertising material and
where the association's members wear badges featuring that trade mark
when collecting and distributing donations.

in its relations with the public,

in announcements of

(1) OJ C 283, 24.11.2007.

Judgment of the Court (Second Chamber) of 22 December
2008 — Isabel Clara Centeno Mediavilla, Delphine Fumey,
Eva Gerhards, Iona M. S. Hamilton, Raymond Hill, Jean
Huby, Patrick Klein, Domenico Lombardi, Thomas Millar,
Miltiadis Moraitis, Ansa Norman Palmer, Nicola Robinson,
François-Xavier Rouxel, Marta Silva Mendes, Peter van den
Hul, Fritz Von Nordheim Nielsen, Michaël Zouridakis v
Commission of the European Communities, Council of the
European Union

(Case C-443/07 P) (1)

(Appeal — Staff Regulations of officials — Plea of illegality
of Article 12(3) of Annex XIII on the classification of officials
recruited after 1 May 2004 — Consulting of the Staff Regu-
lations Committee — No infringement of acquired rights or of
the principle of equal treatment)

(2009/C 44/29)

Language of the case: French

Parties

Appellants: Isabel Clara Centeno Mediavilla, Delphine Fumey, Eva
Gerhards,
Jean Huby,
Iona M. S. Hamilton, Raymond Hill,
Patrick Klein, Domenico Lombardi, Thomas Millar, Miltiadis
Moraitis, Ansa Norman Palmer, Nicola Robinson, François-
Xavier Rouxel, Marta Silva Mendes, Peter van den Hul, Fritz Von
Nordheim Nielsen, Michaël Zouridakis
(represented by: G.
Vandersanden and L. Levi, avocats)

Other parties to the proceedings: Commission of the European
Communities, (represented by: J. Currall and H. Krämer, acting
as Agents), Council of the European Union (represented by:
M. Arpio Santacruz and M. Bauer, acting as Agents)

Re:

Appeal brought against the judgment of
the Court of First
Instance (Fourth Chamber, Extended Composition) of 11 July
2007 in Case T-58/05 Centeno Mediavilla and Others v Commis-
sion, by which the Court of First Instance dismissed the actions
of the appellants seeking annulment of the decisions appointing
them probationary officials, in so far as they fix their grade clas-
sification in accordance with the transitional provisions in
Article 12(3) of Annex XIII to the Staff Regulations of officials
of
the European Communities, as amended by Regulation
(EC, Euratom) No 723/2004 of 22 March 2004 (OJ 2004 L 124,
p. 1) — Implications of the entry into force of the new Staff
Regulations for the situation of persons on a list of suitable
candidates or a reserve list before the date of entry into force of
those regulations, namely 1 May 2004, but recruited after that
date — Principles of
legitimate
expectations and equal treatment — Scope of the duty to give
reasons

legal certainty, protection of

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Ms Centeno Mediavilla, Ms Fumey, Ms Gerhards,
Ms Hamilton, Mr Hill, Mr Huby, Mr Klein, Mr Lombardi,
Mr Millar, Mr Moraitis, Ms Palmer, Ms Robinson, Mr Rouxel,
Ms Silva Mendes, Mr van den Hul, Mr Von Nordheim Nielsen
and Mr Zouridakis to pay the costs of the appeal;

3. Orders the Council of the European Union to bear its own costs.

(1) OJ C 22, 26.1.2008.

Judgment of the Court (Second Chamber) of 11 December
the European Communities v
2008 — Commission of

Kingdom of Spain

(Case C-480/07) (1)

(Failure of a Member State to fulfil its obligations — Directive
2000/59/EC — Port reception facilities for ship-generated
waste and cargo residues — Failure to have developed, imple-
mented or approved waste reception and handling plans for all
ports)

(2009/C 44/30)

Language of the case: Spanish

Parties

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

Defendant: Kingdom of Spain (represented by: B. Plaza Cruz,
acting as Agent)

21.2.2009

EN

Official Journal of the European Union

C 44/19

Re:

Failure of a Member State to fulfil its obligations — Infringe-
ment of Article 5(1) and Article 16(1) of Directive 2000/59/EC
of the European Parliament and of the Council of 27 November
2000 on port reception facilities for ship-generated waste and
cargo residues (OJ 2000 L 332, p. 81) — Failure to have devel-
oped and/or implemented waste reception and handling plans
the ‘Comunidades
for all ports under
Autónomas’

the jurisdiction of

Operative part of the judgment

The Court:

1. Declares that, by failing to develop, implement and approve waste
reception and handling plans for all Spanish ports, the Kingdom of
its obligations under Article 5(1) and
Spain has failed to fulfil
Article 16(1)
the European
of Directive 2000/59/EC of
Parliament and of the Council of 27 November 2000 on port
reception facilities for ship-generated waste and cargo residues;

and 19(1) of Sixth Council Directive 77/388/EEC of 17 May
1977 on the harmonisation 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) —
Goods and services used for both taxable and exempt transac-
tions — Calculation of the deductible proportion — Rules on
rounding up

Operative part of the judgment

Member States are not obliged to apply the rounding up rule in the
second subparagraph of Article 19(1) of Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonisation of the laws of
the Member States relating to turnover taxes — Common system of
value added tax: uniform basis of assessment where the proportion of
input tax deductible is calculated in accordance with one of the special
third subparagraph of
(d) of
(c) or
in (a),
methods
Article 17(5) of that directive.

(b),

the

2. Orders the Kingdom of Spain to pay the costs.

(1) OJ C 8, 12.1.2008.

(1) OJ C 315 of 22.12.2007.

Judgment of the Court (Eighth Chamber) of 18 December
2008 (reference for a preliminary ruling from the Court of
Session (Scotland), Edinburgh — United Kingdom) —
Royal Bank of Scotland Group plc v The Commissioners
for Her Majesty's Revenue and Customs

(Case C-488/07) (1)

(Sixth VAT Directive — Deduction of input tax — Goods and
services used for both taxable and exempt transactions —
Deductible proportion — Calculation — Methods laid down
in the third subparagraph of Article 17(5) — Obligation to
apply the rounding up rule in the second subparagraph of
Article 19(1))

(2009/C 44/31)

Language of the case: English

Referring court

Court of Session (Scotland), Edinburgh

Parties to the main proceedings

Applicant: Royal Bank of Scotland plc

Judgment of the Court (Sixth Chamber) of 22 December
2008 (reference for
a preliminary ruling from the
Landesgericht für Strafsachen Wien (Austria)) — Criminal
proceedings against Vladimir Turanský

(Case C-491/07) (1)

(Convention implementing the Schengen Agreement —
Article 54 — ‘Ne bis in idem’ principle — Scope — Concept
of ‘finally disposed of’ — Decision by which a police authority
orders the suspension of criminal proceedings — Decision not
barring further prosecution and not having a ne bis in idem
effect under national law)

(2009/C 44/32)

Language of the case: German

Referring court

Landesgericht für Strafsachen Wien

Defendant in the criminal proceedings

Vladimir Turanský

Defendant: The Commissioners for Her Majesty's Revenue and
Customs

Re:

Re:

Reference for a preliminary ruling — Court of Session
(Scotland), Edinburgh — Interpretation of Articles 17(5)

Reference for a preliminary ruling — Landesgericht für Strafsa-
chen Wien — Interpretation of Article 54 of the Convention
implementing the Schengen Agreement of 14 June 1985
between the Governments of
the Benelux
Economic Union, the Federal Republic of Germany and the

the States of