Case C-301/06: Judgment of the Court (Grand Chamber) of 10 February 2009 — Ireland v European Parliament, Council of the European Union (Action for annulment — Directive 2006/24/EC — Retention of data generated or processed in connection with the provision of electronic communications services — Choice of legal basis)
Date: 2009-02-10
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, Ireland, action for annulment (EU), data processing, legal basis, protection of privacy, telecommunications, transmission network

C 82/2

EN

Official Journal of the European Union

4.4.2009

V

(Announcements)

COURT PROCEEDINGS

COURT OF JUSTICE

Judgment of the Court (Grand Chamber) of 10 February
the European Communities v
2009 — Commission of

Italian Republic

(Case C-110/05) (1)

to

fulfil

of a Member State

(Failure
obligations —
Article 28 EC — Concept of ‘measures having equivalent
effect to quantitative restrictions on imports’ — Prohibition
on mopeds, motorcycles, motor
tricycles and quadricycles
towing a trailer in the territory of a Member State — Road
safety — Market access — Obstacle — Proportionality)

(2009/C 82/02)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Recchia and F. Amato, Agents,)

Defendant:
Agent, assisted by M. Fiorilli, avvocato dello Stato)

Italian Republic (represented by:

I.M. Braguglia,

Re:

Failure of a Member State to fulfil its obligations — Breach of
Article 28 EC — National legislation prohibiting motor vehicles
(with the exception of tractors) from pulling trailers

Operative part of the judgment

The Court:

1. Dismisses the action;

Judgment of the Court (Grand Chamber) of 10 February
2009 — Ireland v European Parliament, Council of the
European Union

(Case C-301/06) (1)

(Action for annulment — Directive 2006/24/EC — Retention
of data generated or processed in connection with the provi-
sion of electronic communications services — Choice of legal
basis)

(2009/C 82/03)

Language of the case: English

Parties

Applicant: Ireland (represented by: D. O'Hagan, acting as Agent,
E. Fitzsimons, D. Barniville and A. Collins SC)

Intervener in support of the applicant: Slovak Republic (represented
by: J. Čorba, acting as Agent)

Defendants: European Parliament (represented by: H. Duintjer
Tebbens, M. Dean and A. Auersperger Matić, and subsequently
by the latter two and K. Bradley, acting as Agents), Council of
the European Union (represented by: J.-C. Piris, J. Schutte and
S. Kyriakopoulou, acting as Agents)

Interveners in support of the defendants: Kingdom of Spain (repre-
sented by: M.A. Sampol Pucurull and J. Rodríguez Cárcamo,
acting as Agents), Kingdom of the Netherlands (represented by:
C. ten Dam and C. Wissels, acting as Agents), Commission of
the European Communities
(represented by: C. Docksey,
R. Troosters and C. O'Reilly, acting as Agents), European Data
Protection Supervisor (represented by: H. Hijmans, acting as
Agent)

2. Orders the Commission of the European Communities to pay the

costs.

Re:

(1) OJ C 115, 14.5.2005.

Annulment of Directive 2006/24/EC of the European Parlia-
ment and of the Council of 15 March 2006 on the retention of
data generated or processed in connection with the provision of
publicly available electronic communications services or of
public
communications networks and amending Directive
2002/58/EC (OJ L 105, p. 54) — Choice of legal basis

4.4.2009

EN

Official Journal of the European Union

C 82/3

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders Ireland to pay the costs;

Chapter XI-2 of the International Convention for the Safety of Life
at Sea, concluded in London on 1 November 1974, and the Inter-
national Ship and Port Facility Security Code, the Hellenic Republic
its obligations under Articles 10 EC, 71 EC
has failed to fulfil
and 80(2) EC.

2. Orders the Hellenic Republic to pay the costs.

3. Orders the Kingdom of Spain, the Kingdom of the Netherlands,
the Slovak Republic, the Commission of the European Communities
and the European Data Protection Supervisor to bear their own
respective costs.

(1) OJ C 82, 14.4.2007.

(1) OJ C 237, 30.9.2006.

Judgment of the Court (Second Chamber) of 12 February
the European Communities v
2009 — Commission of

(Case C-138/07) (1)

Judgment of the Court (First Chamber) of 12 February
2009 (reference for a preliminary ruling from the Hof van
beroep te Antwerpen — Belgium) — Belgische Staat v N.V.
Cobelfret

Hellenic Republic

(Case C-45/07) (1)

of a Member State

obligations —
(Failure
Articles 10 EC, 71 EC and 80(2) EC — Maritime safety —
Monitoring of ships and port facilities — International agree-
ments — Division of powers between the Community and the
Member States)

fulfil

to

(Directive 90/435/EEC — Article 4(1) — Direct effect —
National
legislation designed to prevent double taxation of
distributed profits — Deduction of the amount of dividends
received from a parent company's basis of assessment only in
so far as it has made taxable profits)

(2009/C 82/05)

Language of the case: Dutch

(2009/C 82/04)

Language of the case: Greek

Referring court

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson, M. Konstantinidis, F. Hoffmeister and
I. Zervas, Agents)

Defendant: Hellenic Republic (represented by: A. Samoni-Rantou
and S. Chala, Agents)

Intervener in support of the defendant: United Kingdom of Great
Britain and Northern Ireland (represented by: I. Rao, Agent, and
D. Anderson QC)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 10, 71 and 80(2) of the EC Treaty — Submission to
an international organisation of a proposal which falls within a
field covered by exclusive Community external competence —
Maritime safety — Proposal for monitoring the compliance of
ships and port facilities with the requirements of Chapter XI-2
of SOLAS and the ISPS Code

Operative part of the judgment

The Court:

1. Declares that, by submitting to the International Maritime Organi-
sation (IMO) a proposal
for monitoring the
compliance of ships and port facilities with the requirements of

(MSC 80/5/11)

Hof van beroep te Antwerpen

Parties to the main proceedings

Appellant: Belgische Staat

Respondent: N.V. Cobelfret

Re:

Reference for a preliminary ruling — Hof van beroep te
Antwerpen — Interpretation of Article 4 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 subsidiaries
of different Member States (OJ 1990 L 225, p. 6) — National
provisions designed to prevent double taxation of distributed
dividends — Conditions

Operative part of the judgment

The first indent of Article 4(1) 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
must be interpreted as precluding legislation of a Member State, such
as that at issue in the main proceedings, which provides that dividends
received by a parent company are to be included in its basis of assess-
ment in order subsequently to be deducted from that basis in the
amount of 95 %,
in so far as, for the tax period in question, the
parent company has a positive profit balance after deduction of other
exempted profits.