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C 100/10 EN Official Journal of the European Union 17.4.2010 Judgment of the Court (Seventh Chamber) of 25 February 2010 — European Commission v Republic of Austria (Case C-330/09) (1) (Failure of a Member State to fulfil obligations — Directive 2006/43/EC — Company law — Statutory audits of annual accounts and consolidated accounts — Failure to transpose within the prescribed period) (2010/C 100/14) Language of the case: German Parties Applicant: European Commission (represented by: G. Brau
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  Judgment of the Court (Seventh Chamber) of 25 February2010 — European Commission v Republic of Austria(Case C-330/09) (  1  )  (Failure of a Member State to fulfil obligations — Directive2006/43/EC — Company law — Statutory audits of annual accounts and consolidated accounts — Failure to transposewithin the prescribed period)  (2010/C 100/14)  Language of the case: German  Parties  Applicant: European Commission (represented by: G. Braun andM. Adam, acting as Agents)  Defendant: Republic of Austria (represented by: C. Pesendorfer,acting as Agent)  Re:  Failure of a Member State to fulfil obligations — Failure toadopt or notify, within the prescribed period, the provisionsnecessary to comply with Directive 2006/43/EC of theEuropean Parliament and of the Council of 17 May 2006 onstatutory audits of annual accounts and consolidated accounts,amending Council Directives 78/660/EEC and 83/349/EEC andrepealing Council Directive 84/253/EEC (OJ L 157, p. 87)  Operative part of the judgment  The Court:  1. Declares that, by failing to adopt the laws, regulations and admin ­ istrative provisions necessary to implement Directive 2006/43/ECof the European Parliament and of the Council of 17 May 2006on statutory audits of annual accounts and consolidated accounts,amending Council Directives 78/660/EEC and 83/349/EEC andrepealing Council Directive 84/253/EEC, the Republic of Austriahas failed to fulfil its obligations under that directive;  2. Orders the Republic of Austria to pay the costs.  (  1  ) OJ C 233, 26.9.2009.  Order of the President of the Court of 16 December 2009(references for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division, and theHigh Court of Justice of England and Wales, Queen’s BenchDivision (Administrative Court) (United Kingdom)) —Football Association Premier League Ltd, NetMed HellasSA, Multichoice Hellas SA v QC Leisure, DavidRichardson, AV Station plc, Malcolm Chamberlain,Michael Madden, SR Leisure Ltd, Philip George CharlesHoughton, Derek Owen (C-403/08), Karen Murphy vMedia Protection Services Ltd (C-429/08)(Joined Cases C-403/08 and C-429/08) (  1  )  (References for a preliminary ruling — Application toparticipate in the proceedings — Rejection)  (2010/C 100/15)  Language of the case: English  Referring court  High Court of Justice of England and Wales, Chancery Division,and High Court of Justice of England and Wales, Queen’s BenchDivision (Administrative Court)  Parties to the main proceedings  Applicants: Football Association Premier League Ltd, NetMedHellas SA, Multichoice Hellas SA (C-403/08), Karen Murphy (C-429/08)  Defendants: QC Leisure, David Richardson, AV Station plc,Malcolm Chamberlain, Michael Madden, SR Leisure Ltd, PhilipGeorge Charles Houghton, Derek Owen (C-403/08), MediaProtection Services Ltd (C-429/08)  Re:  Reference for a preliminary ruling — High Court of Justice of England and Wales, Chancery Division; High Court of Justice of England and Wales, Queen’s Bench Division (AdministrativeCourt) — Interpretation of Articles 28, 30, 49 and 81 ECand of Articles 2(a) and (e), 4(a) and 5 of Directive 98/84/ECof the European Parliament and of the Council of 20 November1998 on the legal protection of services based on, or consistingof, conditional access (OJ 1998 L 320, p. 54), of Articles 2, 3and 5(1) of Directive 2001/29/EC of the European Parliamentand of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in theinformation society (OJ 2001 L 167, p. 10), of Article 1(a)and (b) of Council Directive 89/552/EEC of 3 October 1989on the coordination of certain provisions laid down by law, EN  C 100/10 Official Journal of the European Union 17.4.2010  regulation or administrative action in Member States concerningthe pursuit of television broadcasting activities (OJ 1989 L 298,p. 23), and interpretation of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rulesconcerning copyright and rights related to copyright applicableto satellite broadcasting and cable transmission (OJ 1993 L 248,p. 15) — Grant, for consideration, of exclusive rights in respectof satellite broadcasting of football matches — Marketing, in theUnited Kingdom, of decoders, lawfully placed on the market inanother Member State, making it possible to screen suchmatches in breach of the exclusive rights granted  Operative part  1. The applications to participate in the proceedings, submittedrespectively by the Union of European Football Associations(UEFA), British Sky Broadcasting Ltd, Setanta Sports Sàrl andThe Motion Picture Association, are rejected.  2. There is no need to rule on costs.  (  1  ) OJ C 301, 22.11.2008.  Order of the Court of 9 December 2009 — LuigiMarcuccio v European Commission(Case C-513/08 P) (  1  )  (Appeal — Officials — Social security — Express refusal of an application for reimbursement of 100 % of certain medical expenses incurred by the official — Appeal in part manifestlyinadmissible and in part manifestly unfounded)  (2010/C 100/16)  Language of the case: Italian  Parties  Appellant: Luigi Marcuccio (represented by: G. Cipressa, Agent)  Other party to the proceedings: European Commission (representedby: J. Currall, and C. Berardis-Kayser, Agents, and A. dal Ferro,avvocato)  Re:  Appeal against the order of the Court of First Instance (FourthChamber) of 9 September 2008 in Case T-143/08 Marcuccio v   Commission , by which that Court dismissed as inadmissible theapplication for annulment of the decisions of the SettlementsOffice of the Joint Sickness Insurance Scheme of the EuropeanCommunities refusing to give prior authorisation for 100 % of certain medical expenses incurred by the appellant and toreimburse the cost of a medical consultation in accordancewith the rules applicable to consultations of medical experts,and an application that the Commission be ordered to pay certain medical expenses  Operative part of the order  The Court:  1. Dismisses the appeal;  2. Orders Mr Marcuccio to pay the costs of the appeal.  (  1  ) OJ C 32, of 07.02.2009.  Order of the Court of 9 December 2009 — LuigiMarcuccio v European Commission(Case C-528/08 P) (  1  )  (Appeal — Officials — Social security — Implied refusal of a request for 100 % reimbursement of certain medical costsincurred by an official — Order of declining jurisdiction from the Civil Service Tribunal — Appeal in part manifestlyinadmissible and in part manifestly unfounded)  (2010/C 100/17)  Language of the case: Italian  Parties  Appellant: Luigi Marcuccio (represented by: G. Cipressa,avvocato)  Other party to the proceedings: European Commission (representedby: J. Currall and C. Berardis-Kayser, Agents, and A. dal Ferro,avvocato)  Re:  Appeal brought against the order of the Court of First Instance(Fourth Chamber) of 9 September 2008 in Case T-144/08  Marcuccio v  Commission , by which the Court of First Instancedismissed as inadmissible an action for annulment of thedecision to refuse the appellant’s request for 100 % reim ­ bursement of certain medical expenses, and seeking an orderthat the Commission pay the appellant the amount of EUR89.56 as a supplementary reimbursement of his medicalexpenses or as compensation for loss. EN  17.4.2010 Official Journal of the European Union C 100/11
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