Case C-45/07: Judgment of the Court (Second Chamber) of 12 February 2009 — Commission of the European Communities v Hellenic Republic (Failure of a Member State to fulfil obligations — Articles 10 EC, 71 EC and 80(2) EC — Maritime safety — Monitoring of ships and port facilities — International agreements — Division of powers between the Community and the Member States)
Date: 2009-02-12
Institutions: Court of Justice
Subjects: EU competence, European Commission, Greece, International Maritime Organisation, action for failure to fulfil an obligation, harbour installation, maritime safety, maritime transport, transport regulations

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.