Case C-127/07: Judgment of the Court (Grand Chamber) of 16 December 2008 (reference for a preliminary ruling from the Conseil d'État — France) — Société Arcelor Atlantique et Lorraine, Sollac Méditerrannée, Société Arcelor Packaging International, Société Ugine & Alz France, Société Industeel Loire, Société Creusot Métal, Société Imphy Alloys, Arcelor SA v Premier ministre, Ministre de l'Écologie et du Développement durable, Ministre de l'Économie, des Finances et de l'Industrie (Environment — Integrated pollution prevention and control — Greenhouse gas emission allowance trading scheme — Directive 2003/87/EC — Scope — Installations in the steel sector included — Installations in the chemical and non-ferrous metal sectors excluded — Principle of equal treatment)
Date: 2008-12-16
Institutions: Court of Justice
Subjects: EU environmental policy, aluminium, greenhouse gas, interpretation of the law, iron and steel industry, plastics industry, pollution control measures, reduction of gas emissions, tradeable emission permit

C 44/8

EN

Official Journal of the European Union

21.2.2009

3. Orders the French Republic to bear its own costs.

(1) OJ C 95, 28.4.2007.

European Parliament and of the Council of 12 March 2001 on
the deliberate release into the environment of genetically modified
organisms and repealing Council Directive 90/220/EEC, which
diverge from or go beyond the provisions of Council Directive
90/220/EEC of 23 April 1990 on the deliberate release into the
environment of genetically modified organisms, the French Republic
has failed to fulfil its obligations under Article 228(1) EC;

Judgment of the Court (Grand Chamber) of 9 December
the European Communities v
2008 — Commission of

French Republic

(Case C-121/07) (1)

(Failure of a Member State to fulfil obligations — Directive
2001/18/EC — Deliberate release into the environment and
placing on the market of GMOs — Judgment of the Court
establishing the failure of a Member State to fulfil its obliga-
tions — Non-compliance — Article 228 EC — Judgment
complied with during the proceedings — Pecuniary penalties)

(2009/C 44/12)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and C. Zadra, acting as Agents)

2. Orders the French Republic to pay to the Commission of

the
‘European Community own

European Communities,
resources’ account, a lump sum of EUR 10 million;

into the

3. Orders the French Republic to pay the costs;

4. Orders the Czech Republic to bear its own costs.

(1) OJ C 95, 28.4.2007.

Judgment of the Court (Grand Chamber) of 16 December
2008 (reference for a preliminary ruling from the Conseil
d'État — France) — Société Arcelor Atlantique et Lorraine,
Sollac Méditerrannée,
Packaging
International, Société Ugine & Alz France, Société
Industeel Loire, Société Creusot Métal, Société Imphy
Alloys, Arcelor SA v Premier ministre, Ministre de
l'Écologie et du Développement durable, Ministre de
l'Économie, des Finances et de l'Industrie

Arcelor

Société

Defendant: French Republic (represented by: E. Belliard, S. Gasri
and G. de Bergues, acting as Agents)

(Case C-127/07) (1)

Intervener in support of the defendant: Czech Republic (represented
by: initially, T. Boček and, subsequently, M. Smolek, acting as
Agents)

Re:

Failure of a Member State to fulfil its obligations — Failure to
comply with the judgment of the Court of 15 July 2004 in Case
C-419/03 concerning the failure to transpose the provisions of
Directive 2001/18/EC Directive 2001/18/EC of the European
Parliament and of the Council of 12 March 2001 on the delib-
erate release into the environment of genetically modified organ-
isms and repealing Council Directive 90/220/EEC on the delib-
erate release into the environment of genetically modified organ-
isms (OJ 2001 L 106, p. 1), which diverge from or go beyond
the provisions of that directive — Application for the imposi-
tion of a penalty payment and a lump sum payment

Operative part of the judgment

The Court:

1. Declares that, by failing to take, by the date on which the deadline
imposed in the reasoned opinion expired, all the measures necessary
to comply with the judgment of 15 July 2004 in Case C-419/03
failure to transpose into
Commission v France concerning its
the
national

law the provisions of Directive 2001/18/EC of

(Environment — Integrated pollution prevention and control
— Greenhouse gas emission allowance trading scheme —
Directive 2003/87/EC — Scope — Installations in the steel
sector
chemical and
non-ferrous metal sectors excluded — Principle of equal
treatment)

included — Installations

in the

(2009/C 44/13)

Language of the case: French

Referring court

Conseil d'État

Parties to the main proceedings

Applicants: Société Arcelor Atlantique et Lorraine, Sollac Méditer-
rannée, Société Arcelor Packaging International, Société Ugine &
Alz France, Société Industeel Loire, Société Creusot Métal,
Société Imphy Alloys, Arcelor SA

Defendants: Premier ministre, Ministre de l'Écologie et du Dével-
oppement durable, Ministre de l'Économie, des Finances et de
l'Industrie

21.2.2009

EN

Official Journal of the European Union

C 44/9

Re:

Re:

Reference for a preliminary ruling — Conseil d'État — Validity,
in the light of the Community principle of equal treatment, of
Directive 2003/87/EC of the European Parliament and of the
Council of 13 October 2003 establishing a scheme for green-
house gas emission allowance trading within the Community
and amending Council Directive 96/61/EC (OJ 2003 L 275,
p. 32) — Difference in treatment as between, on the one hand,
installations in the steel sector subject to the greenhouse gas
emission allowance trading scheme laid down by the Directive
and, on the other, the aluminium and plastic industries, which
emit identical greenhouse gases and which are not subject to
that system — Objective justification for that difference in treat-
ment?

Operative part of the judgment

Consideration of Directive 2003/87/EC of the European Parliament
and of the Council of 13 October 2003 establishing a scheme for
greenhouse gas emission allowance trading within the Community and
amending Council Directive 96/61/EC, as amended by Directive
2004/101/EC of
the Council of
27 October 2004, from the point of view of the principle of equal
treatment has disclosed nothing to affect its validity in so far as it
makes the greenhouse gas emission allowance trading scheme applic-
able to the steel sector without including the chemical and non-ferrous
metal sectors in its scope.

the European Parliament and of

(1) OJ C 117, 26.5.2007.

Judgment of the Court (First Chamber) of 22 December
the European Communities v
2008 — Commission of

Republic of Austria

(Case C-161/07) (1)

of a Member State

obligations —
(Failure
Article 43 EC — National legislation laying down the condi-
tions for registration of partnerships or companies on applica-
tion by nationals of the new Member States — Procedure for
certification of self-employed status)

fulfil

to

(2009/C 44/14)

Language of the case: German

Parties

Failure of a Member State to fulfil obligations — Infringement
of Article 43 EC — National legislation laying down the condi-
tions for registration of businesses owned by third-country
nationals, applicable also to Czech, Estonian, Latvian, Lithua-
nian, Hungarian, Polish, Slovene and Slovak nationals — Obliga-
tion for all members of partnerships and for minority share-
holders in limited liability companies who perform activities
which are typical of a work relationship to follow a special
procedure for determining the applicant's self-employed status,
in the course of which they must prove their influence on the
management of the business they wish to have registered in the
Member State

Operative part of the judgment

The Court:

1. Declares that, by requiring for the registration of partnerships or
companies in the commercial register on application by persons who
are nationals of the Member States which acceded to the European
Union on 1 May 2004 — with the exception of the Republic of
Cyprus and the Republic of Malta — and are members of a part-
nership or have minority holdings in a limited liability company, a
determination by
self-
employed or the presentation of a work permit exemption certificate,
the Republic of Austria has failed to fulfil
its obligations under
Article 43 EC;

the Arbeitsmarktservice

they are

that

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 140, 23.6.2007.

Judgment of the Court (Second Chamber) of 22 December
the European Communities v
2008 — Commission of

Kingdom of Spain

(Case C-189/07) (1)

(Failure to fulfil obligations — Regulation (EEC) No 2847/93
— Articles 2(1) and 31(1) and (2) — Regulations (EC)
No 2406/96 and 850/98 — Control system in the fisheries
sector — Common marketing standards for certain fishery
products — Unsatisfactory monitoring, inspection and surveil-
lance — Failure to adopt adequate measures to penalise infrin-
gements — Enforcement of penalties — General failure to
fulfil the provisions of a regulation — Production before the
Court of additional evidence intended to support the proposi-
tion that the failure is general and consistent — Whether
permissible)

Applicant: Commission of the European Communities (repre-
sented by: E. Traversa and G. Braun, Agents)

Intervener in support of the applicant: Republic of Lithuania (repre-
sented by: D. Kriaučiūnas, Agent)

Parties

(2009/C 44/15)

Language of the case: Spanish

Defendant: Republic of Austria (represented by: C. Pesendorfer
and M. Winkler, Agents)

Applicant: Commission of the European Communities (repre-
sented by: P. Oliver and F. Jimeno Fernández, Agents)