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C 326/48 EN Official Journal of the European Union 30.12.


Reference for a preliminary ruling from the Tribunale Action brought on 23 November 2006 — Commission of
civile di Genova (Italy) lodged on 21 November 2006 — the European Communities v Hellenic Republic
Consel Gi. Emme Srl v Sistema Logistico dell'Arco Ligure e
Alessandrino Srl (SLALA) (Case C-479/06)

(2006/C 326/98)
(Case C-467/06)
Language of the case: Greek
(2006/C 326/97)

Language of the case: Italian
Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and D. Lawunmi)

Defendant: Hellenic Republic

Referring court
Form of order sought
Tribunale civile di Genova
The Court is asked to:
— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
Parties to the main proceedings 2004/26/EC (1) of the European Parliament and of the
Council of 21 April 2004 amending Directive 97/68/EC on
the approximation of the laws of the Member States relating
Applicant: Consel Gi. Emme Srl to measures against the emission of gaseous and particulate
pollutants from internal combustion engines to be installed
in non-road mobile machinery, and in any event by failing
Defendant: Sistema Logistico dell'Arco Ligure e Alessandrino Srl to inform the Commission of those provisions, the Hellenic
(SLALA) Republic has failed to fulfil its obligations under that direc-
— order the Hellenic Republic to pay the costs.
Question referred
Pleas in law and main arguments
1. Does Community law (with particular reference to Articles The period prescribed for transposing Directive 2004/26/EC
43 EC and 49 EC, 82 EC, 86 EC and 87 EC) preclude a into domestic law expired on 20 May 2005.
Member State from entrusting public services and the
management of public infrastructure — on the basis of
special legislation with characteristics similar to those of the
provisions introduced into Italian law by Article 12 of (1) OJ L 146 of 30.04.04, p. 1.
Decree-Law No 262/06 of 3 October 2006 — to private-law
companies (in this case, ANAS spa) which, at the same time,
perform the function of regulating and controlling the par-
ticular market (of the kind conferred on ANAS spa by the
legislation at issue), and are in a position to determine the
substance, progress and possible termination of the contract
of concession which exists between the State and competi- Action brought on 24 November 2006 — Commission of
tors of the body on which that role has been conferred? the European Communities v Hellenic Republic
2. Is a rule (such as the rule introduced by the Italian State (Case C-481/06)
under the aforementioned Article 12 of Decree-Law No
262/06 of 3 October 2006) which integrates or actually (2006/C 326/99)
modifies (in particular by replacing them with a sole agree-
ment, adopted by administrative act) the contractual agree- Language of the case: Greek
ments already in place, thereby substantially changing the
balance of contractual relations, compatible with Community
law (from the perspective of Community law itself or, at
least, of law with Community relevance, concerning the Parties
freedom to engage in commercial activities, in the light of
the case-law of the Court of Justice on this point)? Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and X. Lewis)

Defendant: Hellenic Republic