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C 326/4 EN Official Journal of the European Union 30.12.

2006

Judgment of the Court (Second Chamber) of 26 October Judgment of the Court (First Chamber) of 26 October 2006
2006 — Commission of the European Communities v (reference for a preliminary ruling from the College van
Portuguese Republic Beroep voor het bedrijfsleven –Netherlands) — Koninklijke
Coöperatie Cosun UA v Minister van Landbouw, Natuur en
Voedselkwaliteit
(Case C-239/04) (1)

(Failure of a Member State to fulfil obligations — Directive (Case C-248/04) (1)


92/43/EEC — Conservation of natural habitats and of wild
fauna and flora — Article 6(4) — Castro Verde special protec-
tion area — Lack of alternative solutions) (Preliminary reference — Agriculture — Common organisa-
tion of the markets — Sugar — Article 26 of Regulation
(EEC) No 1785/81 and Article 3 of Regulation (EEC) No
(2006/C 326/08) 2670/81 — Charge due for C Sugar disposed of on the
internal market — Inapplicability of Article 13 of Regulation
Language of the case: Portuguese (EEC) No 1430/79 — No possibility of repayment or remis-
sion on grounds of equity — Validity of Regulation (EEC) No
1785/81 and Regulation No 2670/81 — Principles of equality
and legal certainty — Equity)

Parties
(2006/C 326/09)

Applicant: Commission of the European Communities (repre-


sented by: M. van Beek and A. Caeiros, Agents) Language of the case: Dutch

Defendant: Portuguese Republic (represented by: L. Fernandes,


Agent, and J.F. Ganderez and R. Gomes da Silva, advogados)

Referring court
Re:

College van Beroep voor het bedrijfsleven


Failure of a Member State to fulfil its obligations — Article 6(4)
of Council Directive 92/43/EEC of 21 May 1992 on the conser-
vation of natural habitats and of wild fauna and flora (OJ 1992
L 206, p. 7) — Construction of a motorway whose route
crosses a special protection area for wild birds — Environmental Parties to the main proceedings
impact assessment showing negative implications of the route
— Existence of alternatives to the route constructed
Applicant: Koninklijke Coöperatie Cosun UA

Operative part of the judgment Defendant: Minister van Landbouw, Natuur en Voedselkwaliteit

The Court:

1. Declares that, by implementing a project for a motorway whose Re:


route crosses the Castro Verde special protection area, notwith-
standing the negative environmental impact assessment and
without having demonstrated the absence of alternative solutions Reference for a preliminary ruling — College van Beroep voor
for the route concerned, the Portuguese Republic has failed to fulfil het bedrijfsleven — Validity of Council Regulation (EEC) No
its obligations under Article 6(4) of Council Directive 92/43/EEC 1785/81 of 30 June 1981 on the common organisation of the
of 21 May 1992 on the conservation of natural habitats and of markets in the sugar sector (OJ 1981 L 177, p. 4) and Commis-
wild fauna and flora, as amended by Directive 97/62/EC of 27 sion Regulation (EEC) No 2670/81 of 14 September 1981
October 1997; laying down detailed implementing rules in respect of sugar
production in excess of the quota (OJ 1981 L 262, p. 14) where
2. Orders the Portuguese Republic to pay the costs. there is no procedure for the remission of additional levies
comparable to that provided for in Article 13 of Council Regu-
lation (EEC) No 1430/79 of 2 July 1979 on the repayment or
remission of import or export duties (OJ 1979 L 175, p. 1) —
(1) OJ C 228, 11.9.2004.
Remission on equitable grounds — Producer of non-quota
sugar (C sugar) not involved in a case of fraud established by
the national authorities and who, for reasons relating to the
investigation, was not immediately informed thereof
30.12.2006 EN Official Journal of the European Union C 326/5

Operative part of the judgment Operative part of the judgment

Examination of the first question has disclosed nothing capable of The Court:
affecting the validity of Council Regulation (EEC) No 1785/81 of 30
June 1981 on the common organisation of the markets in the sugar
sector, as amended by Council Regulation (EEC) No 305/91 of 4 1. Declares that, by failing to take into account the professional
February 1991, or of Commission Regulation (EEC) No 2670/81 of experience and seniority gained in the exercise of a comparable
14 September 1981 laying down detailed implementing rules in activity within the public administration of another Member State
respect of sugar production in excess of the quota, as amended by by a Community worker employed in the Italian civil service, the
Commission Regulation (EEC) No 3559/91 of 6 December 1991. Italian Republic has failed to fulfil its obligations under Article 39
EC and Article 7(1) of Regulation (EEC) No 1612/68 of the
Council of 15 October 1968 on freedom of movement for workers
(1) OJ C 217, 28.08.2004. within the Community;

2. Dismisses the action as to the remainder;

3. Orders the Italian Republic to pay the costs.

Judgment of the Court (Second Chamber) of 26 October


2006 — Commission of the European Communities v (1) OJ C 273, 06.11.2004.
Italian Republic

(Case C-371/04) (1)

(Failure of a Member State to fulfil obligations — Freedom of


movement for workers — Post in the civil service — Failure to
take account of professional experience and seniority gained in Judgment of the Court (First Chamber) of 9 November
other Member States — Articles 10 EC and 39 EC — Article 2006 — Commission of the European Communities v
7(1) of Regulation (EEC) No 1612/68) Kingdom of Belgium

(2006/C 326/10) (Case C-433/04) (1)

Language of the case: Italian (Failure of a Member State to fulfil obligations — Articles 49
EC and 50 EC — Freedom to provide services — Activities in
the construction sector — Prevention of tax fraud in the
construction sector — National legislation requiring the with-
holding of 15 % on payments to contracting partners not
registered in Belgium — National legislation imposing joint
Parties and several liability for the tax debts of contracting partners
not registered in Belgium)

Applicant: Commission of the European Communities (repre-


sented by: G. Rozet and A. Aresu, Agents) (2006/C 326/11)

Defendant: Italian Republic (represented by: I.M. Braguglia, Language of the case: French
Agent, and G. Albenzio, avvocato dello Stato)

Re:
Parties

Failure of a Member State to fulfil obligations — Articles 10 EC


and 39 EC and Article 7(1) of Regulation (EEC) No 1612/68 of Applicant: Commission of the European Communities (repre-
the Council of 15 October 1968 on freedom of movement for sented by: D. Triantafyllou, Agent)
workers within the Community (OJ, English Special Edition,
1968 (II) p. 475) — Employees of the Italian public service —
Failure to take account of the professional experience and Defendant: Kingdom of Belgium (represented by: E. Dominkovits,
seniority acquired in another Member State Agent, and by B. van de Walle de Ghelcke, avocat,)