Und Fernseh-Gmbh & Co. KG, RTL Disney Fernsehen
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21.2.2009 EN Official Journal of the European Union C 44/15 und Fernseh-GmbH & Co. KG, RTL Disney Fernsehen GmbH & Judgment of the Court (Third Chamber) of 18 December Co. KG, SAT. 1 Satelliten-Fernsehen GmbH and Others, Regio. 2008 (reference for a preliminary ruling from the Verwal- TV GmbH, Eurosport SA, TM-TV GmbH & Co. KG, ONYX Tele- tungsgericht Stuttgart — Germany) — Ibrahim Altun v vision GmbH, Radio Bremen, Hessischer Rundfunk, Nederland Stadt Böblingen 2, Hamburg 1 Fernsehen Beteiligungs GmbH & Co. KG, Turner Broadcasting System Deutschland GmbH, n-tv Nachrichtenfern- (Case C-337/07) (1) sehen GmbH & Co. KG, Bayerischer Rundfunk, Deutsches Sport- fernsehen GmbH, NBC Europe GmbH, BBC World, Medien- (EEC-Turkey Association Agreement — Article 7, first para- — dienst Borkum Kurverwaltung NSHB Borkum GmbH, Frie- graph of Decision No 1/80 of the Association Council — sischer Rundfunk GmbH, Home Shopping Europe GmbH & Co. Right of residence of a child of a Turkish worker — Worker KG, Euro News SA, Reise-TV GmbH & Co. KG, SKF Spielekanal duly registered as belonging to the labour force — Involuntary Fernsehen GmbH, TV 5 Europe, DMAX TV GmbH & Co. KG, unemployment — Applicability of that agreement to Turkish — formerly XXP TV Das Metropolenprogramm GmbH & refugees — Conditions governing the loss of acquired rights) Co. KG, RTL Shop GmbH (2009/C 44/24) Language of the case: German Re: Reference for a preliminary ruling — Verwaltungsgericht Hann- over — Interpretation of Article 31(1) of Directive 2002/22/EC Referring court of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic Verwaltungsgericht Stuttgart communications networks and services (Universal Service Direc- tive) (OJ 2002 L 108, p. 51) — National legislation which requires analogue cable network operators to provide access on Parties to the main proceedings their cable networks to all the television programmes approved for terrestrial broadcasting and provides that, in the event of a Applicant: Ibrahim Altun shortage of channels, the competent national authority has to establish an order of priority of applicants which results in full use of the channels available to the cable network operator Defendant: Stadt Böblingen concerned. Re: Operative part of the judgment Reference for a preliminary ruling — Verwaltungsgericht Stutt- gart — Interpretation of the first indent of Article 7 of Decision No 1/80 of the EEC-Turkey Association Council — Right to stay 1. Article 31(1) of Directive 2002/22/EC of the European of a Turkish national who has entered national territory as a Parliament and of the Council of 7 March 2002 on universal minor for the purpose of family reunion — Criminal conviction service and users' rights relating to electronic communications — Effect on the right to stay — Applicability to Turkish refugees networks and services (Universal Service Directive) is to be inter- — Asylum granted to the father on the basis of false statements preted as meaning that it does not preclude national legislation, — Withdrawal of grant of asylum as a condition for refusal of such as that at issue in the main proceedings, which requires a the derived right to stay — Derived right conditional on lawful cable operator to provide access to its analogue cable network to registration as belonging to the labour force of a Member State television channels and services that are already being broadcast for a period of three years during which the father lives together terrestrially, thereby resulting in the utilisation of more than half of in a household with the minor the channels available on that network, and which provides, in the event of a shortage of channels available, for an order of priority of applicants which results in full utilisation of the channels available Operative part of the judgment on that network, provided that those obligations do not give rise to unreasonable economic consequences, which is a matter for the 1. The first indent of the first paragraph of Article 7 of Decision national court to establish; No 1/80 of 19 September 1980 on the development of the Asso- ciation set up by the Agreement establishing an Association 2. The concept of ‘television services’ within the meaning of between the European Economic Community and Turkey is to be Article 31(1) of Directive 2002/22 includes services of television interpreted as meaning that the child of a Turkish worker may broadcasters or providers of media services, such as teleshopping, enjoy rights arising by virtue of that provision where, during the provided that the conditions laid down in that provision are met, three-year period when the child was co-habiting with that worker, which is a matter for the national court to establish. the latter was working for two and a half years before being unem- ployed for the following six months. (1) OJ C 247, 20.10.2007. 2. The fact that a Turkish worker has obtained the right of residence in a Member State and, accordingly, the right of access to the labour market of that State as a political refugee does not prevent a member of his family from enjoying the rights arising under the first paragraph of Article 7 of Decision No 1/80. C 44/16EN Official Journal of the European Union 21.2.2009 3. The first paragraph of Article 7 of Decision No 1/80 is to be committed a customs offence in which to submit its observations interpreted as meaning that when a Turkish worker has obtained complies in principle with the requirements of Community law. the status of political refugee on the basis of false statements, the rights that a member of his family derives from that provision 2. It is for the national court before which the case has been brought cannot be called into to question if the latter, on the date on which to ascertain, having regard to the specific circumstances of the case, the residence permit issued to that worker is withdrawn, fulfils the whether the period actually allowed to that importer made it conditions laid down therein. possible for it to be given a proper hearing by the customs authori- ties. (1) OJ C 269, 10.11.2007. 3. The national court must also ascertain whether, in the light of the period which elapsed between the time when the authorities concerned received the importer's observations and the date on which they took their decision, they can be deemed to have taken due account of the observations sent to them. 1 Judgment of the Court (Second Chamber) of 18 December ( ) OJ C 235, 6.10.2007. 2008 (reference for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Sopropé — Organizações de Calçado Lda v Fazenda Pública (Case C-349/07) (1) (Community Customs Code — Principle of respect for the Judgment of the Court (Second Chamber) of 18 December rights of the defence — Post-clearance recovery of customs 2008 (reference for a preliminary ruling from the Verwal- import duties) tungsgerichtshof) — Wienstrom GmbH v Bundesminister für Wirtschaft und Arbeit (2009/C 44/25) (Case C-384/07) (1) Language of the case: Portuguese (State aid — Article 88(3) EC — Aid declared compatible with the common market — Dispute between the aid recipient and the national authorities concerning the amount of aid Referring court unlawfully put into effect — Role of the national court) Supremo Tribunal Administrativo (2009/C 44/26) Language of the case: German Parties to the main proceedings Appellant: Sopropé — Organizações de Calçado Lda Referring court Respondent: Fazenda Pública Verwaltungsgerichtshof Intervening party: Ministério Público Parties to the main proceedings Re: Applicant: Wienstrom GmbH Reference for a preliminary ruling — Supremo Tribunal Admin- istrativo — Compatibility with Community law and the prin- Defendant: Bundesminister für Wirtschaft und Arbeit ciple of the rights of the defence of national provisions of fiscal administrative procedure concerning the periods for the exercise — of the taxpayer's right to a hearing Administrative procedure Re: for the post-clearance payment of import duties on goods from the far east Reference for a preliminary ruling — Verwaltungsgerichtshof — Interpretation of Article 88(3) EC — State aid scheme put into effect without prior notification to the Commission, the final Operative part of the judgment amended version of which, however, following its notification, was declared compatible with the common market, without any 1. With regard to recovery of a customs debt for the purpose of express negative decision having been taken with regard to the effecting post-clearance recovery of customs import duties, a period previous non-notified version — Obligations of national courts of 8 to 15 days allowed to an importer suspected of having deriving from the Commission's decision.