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19.12.

2009 EN Official Journal of the European Union C 312/5

particular if the procedural rules relating to the only action bouring property emanating from that installation, whereas under­
available in the case of dismissal of such workers do not comply takings having an industrial installation situated in the Member
with the principle of effective judicial protection of an individual’s State where the action is brought and in possession of an official
rights under Community law, a matter which it is for the referring authorisation may not be the subject of such an action and may
court to determine. only be the subject of a claim for damages for harm caused to a
neighbouring property.
(1) OJ C 93, 12.4.2008.
2. It is for the national court to give, in so far as possible, to the
domestic legislation which it must apply an interpretation which
complies with the requirements of Community law. If such an
Judgment of the Court (Grand Chamber) of 27 October application in accordance with Community law is not possible,
2009 (reference for a preliminary ruling from the the national court is bound to apply Community law in full
Landesgericht Linz — Austria) — Land Oberösterreich and protect the rights it confers on individuals, and to disapply,
v ČEZ as if necessary, any provision in so far as application thereof, in the
circumstances of the case, would lead to a result which is contrary
(Case C-115/08) (1) to Community law.

(Action for cessation of actual or potential nuisance caused to


land by the activities of a nuclear power plant situated on the (1) OJ C 142, 7.6.2008.
territory of another Member State — Obligation to tolerate
actual or potential nuisance caused by installations which
have been officially authorised in the Member State where
the action is brought — Authorisations issued in other
Member States not taken into account — Equal treatment Judgment of the Court (Third Chamber) of 29 October
— Principle of non-discrimination on grounds of nationality 2009 (reference for a preliminary ruling from the
under the EAEC Treaty) Tallinna Halduskohus (Republic of Estonia)) — Rakvere
Lihakombinaat AS v Põllumajandusministeerium, Maksu-
(2009/C 312/06) ja Tolliameti Ida maksu- ja tollikeskus

Language of the case: German (Case C-140/08) (1)

(Common Customs Tariff — Combined Nomenclature —


Referring court Tariff classification — Frozen cuts or offal of cocks and
Landesgericht Linz hens — Accession of Estonia — Transitional measures —
Agricultural products — Surplus stocks — Regulation (EC)
No 1972/2003)
Parties to the main proceedings
Applicant: Land Oberösterreich (2009/C 312/07)

Defendant: ČEZ as Language of the case: Estonian

Re:
Referring court
Reference for a preliminary ruling — Landesgericht Linz
(Austria) — Interpretation of the principles of free movement Tallinna Halduskohus
of goods, freedom of establishment, non-discrimination on
grounds of nationality and fairness — National provision stipu­
lating that only an action for damages may be brought for a Parties to the main proceedings
nuisance emanating from an officially authorised installation —
Restricting application of that provision to authorisations Applicant: Rakvere Lihakombinaat AS
granted by domestic authorities only, with the result that an
action for an injunction can be brought for a nuisance Defendants: Põllumajandusministeerium, Maksu- ja Tolliameti Ida
emanating from an installation situated in the territory of maksu- ja tollikeskus
another Member State — Temelín nuclear power plant

Operative part of the judgment Re:


1. The principle of prohibition of discrimination on grounds of Reference for a preliminary ruling — Tallinna Halduskohus —
nationality within the scope of application of the EAEC Treaty Interpretation of Annex I to Council Regulation (EEC)
precludes the application of the legislation of a Member State, No 2658/87 of 23 July 1987 on the tariff and statistical
such as that at issue in the main proceedings, under which an nomenclature and on the Common Customs Tariff (OJ 1987
undertaking in possession of the necessary official authorisations L 256, p. 1) and Article 4(1) and (2) of Commission Regulation
for operating a nuclear power plant situated in the territory of (EC) No 1972/2003 of 10 November 2003 on transitional
another Member State, may be the subject of an action for an measures to be adopted in respect of trade in agricultural
injunction to prevent an actual or potential nuisance to neigh­ products on account of the accession of the Czech Republic,