Case C-123/01: Reference for a preliminary ruling by the Unabhängiger Verwaltungssenat Salzburg by order of that court of 12 March 2001 in the appeal concerning (1) Dr Karl Friedrich Strobl, (2) the Mayor of Salzburg, and (3) the land transfer agent of the Land of Salzburg
Date: 2001-05-19
Institutions: Court of Justice
Subjects: EU law - national law, Salzburg, acquisition of property, building plot, fundamental rights, interpretation of the law

19.5.2001

EN

Official Journal of the European Communities

C 150/15

— Disregard of the principle of legality, of the duty to give a
statement of reasons and of the audi alteram partem rule,
on account of the acceptance of documents drawn up
after the adoption of the contested decision.

— Failure to have regard to the obligation to provide a
statement of reasons and violation of the effects attaching
to a vacancy notice: the factual assessment carried out by
the Court of First Instance concerning the qualifications
and experience of Mr L.V. results in an error of law
consisting of the attribution to him of qualifications
corresponding to the requirements of the vacancy notice.
Thus, the Court of First Instance disregarded the effects
arising from a notice of vacancy.

— Failure to have regard to the notion of misuse of powers.

— Failure to have regard to Articles 7 and 27 of the Staff
Regulations and to the principle of non-discrimination:
since Mr L.V. did not possess the appropriate qualifi-
cations, he was in any event incapable of being compared
with other candidates who did.

— Failure to have regard to the principle of sound manage-
ment and proper administration, and breach of
the
obligation to provide a statement of reasons.

Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat Salzburg by order of that court of 12
March 2001 in the appeal concerning (1) Dr Karl Friedrich
Strobl, (2) the Mayor of Salzburg, and (3) the land transfer
agent of the Land of Salzburg

(Case C-123/01)

(2001/C 150/28)

Reference has been made to the Court of Justice of the
European Communities by order of the Unabhängiger Verwal-
tungssenat Salzburg of 12 March 2001, received at the Court
Registry on 19 March 2001, for a preliminary ruling in the
appeal concerning (1) Dr Karl Friedrich Strobl, (2) the Mayor
of Salzburg, and (3) the land transfer agent of the Land of
Salzburg on the following question:

Are the provisions of Article 56 et seq. of the EC Treaty to be
interpreted as precluding the application of Paragraphs 12, 36
and 43 of the Salzburger Grundverkehrsgesetz (Salzburg Land
Transfer Law) of 1997 in the version published in LGB1.
No. 11/1999, whereby any person who wishes to acquire a
building plot in the federal Land of Salzburg must comply
with a notification or authorisation procedure in respect of the
acquisition of that plot, with the consequence that one of the
fundamental freedoms of the acquirer of title as guaranteed by
the laws of the European Union has been infringed in this
case?

Action brought on 19 March 2001 by the Commission of
the European Communities against the Hellenic Republic

(Case C-127/01)

(2001/C 150/29)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 19 March
2001 by the Commission of the European Communities,
represented by Marie Wolfcarius, Legal Adviser, and Maria
Patakia, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt and to notify to the
Commission, within the time-limit laid down, the laws,
regulations and administrative provisions necessary to
comply fully with Council Directive 98/76/EC of 1 Octo-
ber 1998 (1) amending Directive 96/26/EC on admission
to the occupation of road haulage operator and road
passenger transport operator and mutual recognition
of diplomas, certificates and other evidence of formal
qualifications intended to facilitate for these operators
the right to freedom of establishment in national and
international transport operations, the Hellenic Republic
has failed to fulfil its obligations under the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The Member States are required by the binding character of
the third paragraph of Article 249 EC and Article 10 EC to
adopt the measures needed to transpose directives into national
law before the expiry of the time-limit laid down for that
purpose and to communicate those measures immediately to
the Commission. That
time-limit expired on 1 October
1999 without the Hellenic Republic having notified to the
Commission the provisions transposing the directive in ques-
tion into national law.

(1) OJ L 277 of 14.10.1998.