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23.2.2008 |
EN |
Official Journal of the European Union |
C 51/13 |
Judgment of the Court (Grand Chamber) of 11 December 2007 (Reference for a preliminary ruling from the Krajský soud v Ostravě — Czech Republic) — Skoma-Lux sro v Celní ředitelství Olomouc
(Case C-161/06) (1)
(Act concerning the conditions of accession to the European Union - Article 58 - Community legislation - No translation into the language of a Member State - Enforceability)
(2008/C 51/21)
Language of the case: Czech
Referring court
Krajský soud v Ostravě
Parties to the main proceedings
Applicant: Skoma-Lux sro
Defendant: Celní ředitelství Olomouc
Re:
Reference for a preliminary ruling — Krajský soud v Ostravě (Czech Republic) — Interpretation of Article 58 of the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ 2003 L 236, p. 33) — Imposition of a fine on a Czech importing undertaking for making a customs declaration containing incorrect information, pursuant to Regulation (EEC) No 2454/93 which had not yet been published in Czech in the Official Journal of the European Union
Operative part of the judgment
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1. |
Article 58 of the Act concerning the conditions of accession to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded, precludes the obligations contained in Community legislation which has not been published in the Official Journal of the European Union in the language of a new Member State, where that language is an official language of the European Union, from being imposed on individuals in that State, even though those persons could have learned of that legislation by other means. |
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2. |
In holding that a Community regulation which is not published in the language of a Member State is unenforceable against individuals in that State, the Court is interpreting Community law for the purposes of Article 234 EC. |