Case C-73/07: Judgment of the Court (Grand Chamber) of 16 December 2008 (reference for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — Tietosuojavaltuutettu v Satakunnan Markkinapörssi Oy, Satamedia Oy (Directive 95/46/EC — Scope — Processing and flow of tax data of a personal nature — Protection of natural persons — Freedom of expression)
Date: 2008-12-16
Institutions: Court of Justice
Subjects: access to information, data processing, data protection, dissemination of information, interpretation of the law, personal data

C 44/6

EN

Official Journal of the European Union

21.2.2009

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 16 November 2006 in Case T-333/03 Masdar UK
Ltd v Commission of
the European Communities, dismissing as
unfounded an action for damages in respect of loss allegedly
suffered by the applicant following refusal by the Commission
for services which it claims to have provided in
to pay it
connection with two projects under the TACIS Programme in
Moldavia and Russia.

Operative part of the judgment

The Court:

1. Dismisses the appeal;

2. Orders Masdar (UK) Ltd to pay the costs.

(1) OJ C 82, 14.4.2007.

Judgment of the Court (Fourth Chamber) of 22 December
2008 (reference for a preliminary ruling from the Cour
d'appel de Liège — Belgium) — État belge — SPF Finances
v Les Vergers du Vieux Tauves SA

(Case C-48/07) (1)

Meaning of holding in the capital of a subsidiary established in
another Member State — Whether holding a right of usufruct
over shareholdings is sufficient for tax exemption on dividends
received, or whether full ownership is needed.

Operative part of the judgment

The concept of a holding in the capital of a company of another
Member State, within the meaning of Article 3 of Council Directive
90/435/EEC of 23 July 1990 on the common system of taxation
applicable in the case of parent companies and subsidiaries of different
Member States, does not include the holding of shares in usufruct.

However, in compliance with the freedoms of movement guaranteed by
the EC Treaty, applicable to cross-border situations, when a Member
State, in order to avoid double taxation of received dividends, exempts
from tax both the dividends which a resident company receives from
another resident company in which it holds shares with full title and
those which a resident
resident
company receives
company in which it holds shares in usufruct, that Member State must
apply, for the purpose of exempting received dividends, the same treat-
ment to dividends received from a company established in another
Member State by a resident company holding shares with full title as
that which it applies to such dividends received by a resident company
which holds shares in usufruct.

from another

(1) OJ C 82, 14.4.2007.

(Corporation taxes — Directive 90/435/EEC — Status of
parent company — Capital holding — Holding of shares in
usufruct)

Judgment of the Court (Grand Chamber) of 16 December
2008 (reference for a preliminary ruling from the Korkein
hallinto-oikeus — Finland) — Tietosuojavaltuutettu v
Satakunnan Markkinapörssi Oy, Satamedia Oy

(2009/C 44/09)

Language of the case: French

Referring court

Cour d'appel de Liège

Parties to the main proceedings

Applicant: État belge — SPF Finances

Defendant: Les Vergers du Vieux Tauves SA

Re:

Reference for a preliminary ruling — Cour d'Appel de Liège —
Interpretation of Articles 3, 4 and 5 of Council Directive
90/435/EEC of 23 July 1990 on the common system of taxa-
tion applicable in the case of parent companies and subsidiary
companies of different Member States (OJ 1990 L 225, p. 6) —

(Case C-73/07) (1)

(Directive 95/46/EC — Scope — Processing and flow of tax
data of a personal nature — Protection of natural persons —
Freedom of expression)

(2009/C 44/10)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: Tietosuojavaltuutettu

Defendants: Satakunnan Markkinapörssi Oy, Satamedia Oy

21.2.2009

EN

Official Journal of the European Union

C 44/7

Re:

Reference for a preliminary ruling — Korkein hallinto-oikeus —
Interpretation of Articles 3(1), 9 and 17 of Directive 95/46/EC
of the European Parliament and of the Council of 24 October
1995 on the protection of individuals with regard to the proces-
sing of personal data and on the free movement of such data
(OJ 1995 L 281, p. 31) — Scope — Collection, publication,
transfer and processing in a text-messaging service of public tax
data relating to the amount of income and taxable assets of
natural persons

Operative part of the judgment

1) Article 3(1) of Directive 95/46/EC of the European Parliament
and of the Council of 24 October 1995 on the protection of indi-
viduals with regard to the processing of personal data and on the
free movement of such data is to be interpreted as meaning that an
activity in which data on the earned and unearned income and the
assets of natural persons are:

Judgment of the Court (Third Chamber) of 18 December
2008 — Coop de France Bétail et Viande,
formerly
Fédération nationale de la coopération bétail et viande
(FNCBV)/Fédération nationale des syndicats d'exploitants
agricoles
(FNSEA), Fédération nationale bovine (FNB),
Fédération nationale des producteurs de lait (FNPL), Jeunes
(JA)
European
v Commission
agriculteurs
Communities, French Republic

the

of

(Joined Cases C-101/07 P and C-110/07 P) (1)

(Appeals — Competition — Market in beef and veal —
farmers and
Agreement between national
slaughterers with the object of suspending imports of beef and
veal and fixing a minimum purchase price — Fines — Regu-
lation No 17 — Article 15(2) — Taking into account of the
of undertakings which are members
the
turnover
federations)

federations of

of

(2009/C 44/11)

Language of the case: French

— collected from documents in the public domain held by the tax

Parties

authorities and processed for publication,

— published alphabetically in printed form by income bracket and

municipality in the form of comprehensive lists,

— transferred onward on CD-ROM to be used for commercial

purposes, and

telephone users

— processed for the purposes of a text-messaging service whereby
sending a text message
can, by
mobile
containing details of an individual's name and municipality of
residence to a given number,
receive in reply information
concerning the earned and unearned income and assets of that
person,

must be considered as the ‘processing of personal data’ within the
meaning of that provision.

2) Article 9 of Directive 95/46 is to be interpreted as meaning that
the activities referred to at points (a) to (d) of the first question,
relating to data from documents which are in the public domain
under national legislation, must be considered as activities involving
the processing of personal data carried out ‘solely for journalistic
purposes’, within the meaning of that provision, if the sole object
of those activities is the disclosure to the public of information,
opinions or ideas. Whether that is the case is a matter for the
national court to determine.

3) Activities involving the processing of personal data such as those
referred to at points (c) and (d) of the first question and relating to
personal data files which contain solely, and in unaltered form,
material that has already been published in the media, fall within
the scope of application of Directive 95/46.

(1) OJ C 95, 28.4.2007.

Appellants: Coop de France Bétail et Viande, formerly Fédération
nationale de la coopération bétail et viande (FNCBV)
(repre-
sented by M. Ponsard, avocat) (C-101/07 P), Fédération natio-
nale des syndicats d'exploitants agricoles (FNSEA), Fédération
nationale bovine (FNB), Fédération nationale des producteurs de
lait (FNPL), Jeunes agriculteurs (JA) (represented by V. Ledoux
and B. Neouze, avocats) (C-110/07 P),

Other parties to the proceedings: French Republic (represented by
the
G. de Bergues and S. Ramet, Agents), Commission of
European Communities (represented by A. Bouquet and X.
Lewis, Agents)

Re:

Appeal against the judgment of the Court of First Instance (First
Chamber) of 13 December 2006 in Joined Cases T-217/03 and
T-245/03 FNCBV and Others v Commission, by which the Court
of First Instance dismissed the applicants' application primarily,
to annul Commission Decision 2003/600/EC of 2 April 2003
relating to a proceeding pursuant to Article 81 of the EC Treaty
(OJ 2003 L 209, p. 12) or, alternatively, to cancel or reduce the
fine imposed by that decision — Constituent elements of a
cartel — Need for acquiescence of the parties — Method of
calculating the fines — Entitlement to take into account the
turnover of the members of an association where it does not
have formal power to bind its members — Duty to state
reasons and infringement of the rights of the defence

Operative part of the judgment

The Court:

1. Dismisses the appeals;

2. Orders Coop de France bétail et viande, formerly Fédération natio-
nale de la coopération bétail et viande (FNCBV), Fédération natio-
nale des
(FNSEA), Fédération
nationale bovine (FNB), Fédération nationale des producteurs de
lait (FNPL) and Jeunes agriculteurs (JA) to pay the costs;

syndicats d'exploitants agricoles