Case C-246/0l: Action brought on 25 June 2001 by the Commission of the European Communities against the Kingdom of the Netherlands.
Date: 2001-09-01
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, air transport, intra-EU transport, transport safety

C 245/8

EN

Official Journal of the European Communities

1.9.2001

Reference for a preliminary ruling by the Tribunale di
Ascoli Piceno, Italy, by order of that court of 30 March
2001 in criminal proceedings against Piergiorgio Gambelli
and Others

failed to fulfil its obligations under Article 3(1) of Council
Regulation (EEC) No 2408/92 of 23 July 1992 on access
for Community air carriers to intra-Community air
routes;

(Case C-243/01)

(2001/C 245/14)

Reference has been made to the Court of Justice of the
European Communities by an order of the Tribunale di Ascoli
Piceno of 30 March 2001, which was received at the Court
Registry on 22 June 2001,
for a preliminary ruling in
the criminal proceedings pending before that court against
Piergiorgio Gambelli and Others, on the following question:

A decision is sought as to the compatibility with Article 43 et
seq. and Article 49 et seq. of the EC Treaty regarding freedom
of establishment and freedom to provide cross-frontier ser-
vices, and the repercussions thereof within the national legal
order, of domestic legislation like the Italian provisions
contained in Article 4(1) et seq., Article 4 bis and Article 4 ter
of Law No 401 of 13 December 1989 (as most recently
amended by Article 37(5) of Law No 388 of 23 December
2000) which impose prohibitions — enforced by criminal
penalties — on the pursuit, by any person and at any place, of
the activities of collecting, taking, booking and forwarding
offers of bets, in particular bets on sporting events, unless
the requirements concerning concessions and authorisations
prescribed by domestic law have been complied with.

Action brought on 25 June 2001 by the Commission of
the European Communities against the Kingdom of the
Netherlands.

(Case C-246/0l)

(2001/C 245/15)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities
on 25 June 2001 by the Commission of
the European
Communities, represented by M. Huttunen and H.M.H. Spey-
art, acting as Agents.

2. Order the Kingdom of the Netherlands to pay the costs

of the proceedings.

Pleas in law and main arguments

In adopting Regulation No 2408/92 the Council, pursuant to
Article 80(2) EC, defined the detailed rules for application of
the principle of freedom to supply services within the area of
air transport, as set out in Article 49 EC. When the provisions
of Regulation No 2408/92 fall to be interpreted, therefore,
recourse must be had to that principle, which goes further
than simply prohibiting discrimination of a service provider
established in another Member State on the ground of that
person’s nationality, providing as it does also for the removal
of any restriction whatsoever — even if applicable without
distinction to domestic service providers and to service providers
from other Member States — which prohibits, obstructs or
renders less attractive the activities ’of a service provider who
is established in another Member State and lawfully provides
similar services there. Under Article 1 of the Netherlands
Regulation of 9 May 1995, there is an exemption from
mandatory checks for ’flights with a domestic destination. This
does not apply in the case of flights on which passengers can
mingle with passengers for flights having an international
destination’. As a result of this, a cross-border flight within the
Community involves the carrier in higher costs than in
the case of a comparable domestic flight. The Netherlands
Regulation also makes it possible for security checks to be
carried out for domestic flights (on the ground that passengers
on such flights may mingle with passengers for international
flights), but without any charge being levied in that connection.

Reference for a preliminary ruling by the Bundesverga-
beamt Wien by order of that court of 25 June 2001 in the
review procedure brought by the architect and qualified
engineer Werner Hackermüller against 1. BIG Bundesim-
mobiliengesellschaft mbH and 2. WED Wiener Entwick-
lungsgesellschaft mbH

(Case C-249/01)

(2001/C 245/16)

The applicant claims that the Court should:

1.

Rule that, by adopting and maintaining in force
Articles 37g and 37j of the Luchtvaartwet (Law on Air
Traffic) and Article 1 of the Regulation of the Netherlands
Minister of Justice of 9 May 1995 on the exemption of
flights on which passengers are subject to checks for
dangerous objects, the Kingdom of the Netherlands has

Reference has been made to the Court of Justice of the
European Communities by order of the Bundesvergabeamt
Wien (Federal Contracting Authority, Vienna) of 25 June 2001,
received at
for a
preliminary ruling in the review procedure brought by the
architect and qualified engineer Werner Hackermüller against
1. BIG Bundesimmobiliengesellschaft mbH and 2. WED Wien-
er Entwicklungsgesellschaft mbH on the following questions:

the Court Registry on 28 June 2001,