Case C-75/01: Action brought on 14 February 2001 by Commission of the European Communities against Grand Duchy of Luxembourg
Date: 2001-04-21
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, protected area, protection of animal life, protection of plant life

C 118/14

EN

Official Journal of the European Communities

21.4.2001

(a)

(b)

(c)

to refer to physiological or pharmacological effects,
in particular those which preserve youthfulness,
inhibit signs of ageing, promote slimming or main-
tain health, or to create the impression of any such
effect;

to refer to case-histories, recommendations made by
doctors or medical experts’ reports;

to use health-related, pictorial or stylised represen-
tations of organs of the human body, pictures
of members of the health-care professions or of
sanatoria or other pictures or illustrations referring
to health-care activities?

2. Do Directive 79/112/EEC or Articles 28 and 30 EC
preclude a national provision which, on the marketing of
foodstuffs, permits health-related information such as
that described in Question 1 to be affixed thereto
only after prior authorisation by the competent federal
minister, whereby a condition of authorisation is that the
health-related information be consistent with protecting
the consumer from being misled?

Pleas in law and main arguments

The Commission takes the view that the Grand Duchy of
Luxembourg has not adopted the necessary measures to
implement the provisions set out in its application and that
the existing provisions relied on do not constitute full and
correct transposition.

(1) OJ 1992 L 206, p. 2.

Reference for a preliminary ruling by the Tribunal Central
Administrativo, 2a Secça˜o by judgment of that court of
19 December 2000 in the case of EDM — Empresa de
Desenvolvimento Mineiro, SA, against Fazenda Pu´ blica

(Case C-77/01)

(2001/C 118/23)

Action brought on 14 February 2001 by Commission of
the European Communities against Grand Duchy of
Luxembourg

(Case C-75/01)

(2001/C 118/22)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 14 February 2001 by the Commission of the European
Communities, represented by R.B. Wainwright and J. Adda,
acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should

— Declare that, by failing to bring into force all the measures
necessary to implement fully and correctly Articles 1,
4(5), 5(4), 6, 7, 12(1)(b) and (c), 12(2), 12(4), 13(1)(b)
and 13(2), 14, 15, 16(1), 22(b) and (c), and 23(2) in
conjunction with annexes I, II, IV, V and VI, of Council
Directive 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora (1), the
Grand-Duchy of Luxembourg has failed to fulfil
its
obligations under that directive and the third paragraph
of Article 249 of the EC Treaty; and

— Order the Grand Duchy of Luxembourg to pay the costs.

Reference has been made to the Court of Justice of the
European Communities by judgment of the Tribunal Central
Administrativo, 2a Secça˜o (Second Chamber of the Central
Administrative Court) of 19 December 2000, which was
received at the Court Registry on 15 February 2001, for a
preliminary ruling in the case of EDM — Empresa de
Desenvolvimento Mineiro, SA, against Fazenda Pu´ blica on the
following questions:

Question 1

Does the granting of annually repaid loans by a holding
company to its partners constitute ‘economic activity’, within
the meaning of Article 4(2) of the Sixth Directive (1), where
that company’s principle activity is to manage those partners
and, to a certain extent, also guarantee the loans contracted by
them?

Question 2

Likewise: the performance of operations, in the context of a
consortium as in the present case, by a company which is both
a member and the administrator of the consortium, particularly
where they exceed its share as stipulated in the contract, in
return for payment in consideration of its value by the other
members of the consortium?