Case C-168/02: Reference for a preliminary ruling by the Oberster Gerichtshof (Austria) by order of that Court of 9 April 2002 in the case of Rudolf Kronhofer against (1) Marianne Maier, (2) Christian Möller, (3) Wirich Hofius and (4) Zeki Karan
Date: 2002-07-13
Institutions: Court of Justice
Subjects: damage, interpretation of the law, jurisdiction, legal domicile, personal effects

13.7.2002

EN

Official Journal of the European Communities

C 169/19

The Commission of the European Communities claims that
the Court should:

Action brought on 8 May 2002 by the Commission of the
European Communities against the Portuguese Republic

— declare that, by failing to communicate measures trans-
posing into national
law the provisions of Directive
1999/94/EC of the European Parliament and of the
Council of 13 December 1999 relating to the availability
of consumer information on fuel economy and CO2
emissions in respect of the marketing of new passenger
cars (1), or at any rate by not informing the Commission
fully thereof, the French Republic has failed to fulfil its
obligations under that directive;

— order the French Republic to pay the costs.

(Case C-171/02)

(2002/C 169/36)

An action against the Portuguese Republic was brought before
the Court of Justice of the European Communities on 8 May
2002 by the Commission of the European Communities,
represented by Maria Patakia and Anto´ nio Caeiros, acting as
Agents.

Pleas in law and main arguments

The time-limit for transposition expired on 18 January 2001.

(1) OJ L 12 of 18 January 2000, p. 16.

The applicant claims that the Court should:

I.

Declare that:

Reference for a preliminary ruling by the Oberster
Gerichtshof (Austria) by order of that Court of 9 April
2002 in the case of Rudolf Kronhofer against (1) Marianne
Maier, (2) Christian Möller, (3) Wirich Hofius and (4) Zeki
Karan

(Case C-168/02)

(2002/C 169/35)

Reference has been made to the Court of Justice of the
European Communities by order of the Oberster Gerichtshof
(Supreme Court) of 9 April 2002, received at the Court
Registry on 6 May 2002, for a preliminary ruling in the case
of Rudolf Kronhofer against (1) Marianne Maier, (2) Christian
Möller, (3) Wirich Hofius and (4) Zeki Karan on the following
question:

Is the expression ‘place where the harmful event occurred’
contained in Article 5(3) of the Convention on jurisdiction
and the enforcement of judgments in civil and commercial
matters of 27.9.1968 (‘the Convention’) to be construed in
such a way that, in the case of purely financial damage arising
on the investment of part of the injured party’s assets, it also
encompasses in any event the place where the injured party is
domiciled if the investment was made in another Member
State of the Community?

1.

inasmuch as the system for issuing authorisations
by the Ministro de Administraça˜o Interna requires
that foreign undertakings,
in the private security
services sector, wishing to pursue in Portugal activi-
ties in the security sector in respect of persons and
property:

(a) must have their main offices in or be estab-

lished in Portugal;

(b)

cannot rely on the guarantees already submit-
ted in their Member State of origin;

(c) must have legal personality;

(d) must have a specific amount of capital;

2.

inasmuch as the employees of
foreign security
undertakings, in the private security services sector,
wishing to pursue in Portugal security services
activities in respect of persons and property must be
in possession of an employer’s identity card issued
by the Portuguese authorities;

3.

inasmuch as work in the private security sector is not
covered by the Community system of recognition of
professional qualifications;

the Portuguese Republic has failed to fulfil its obligations
under Articles 39, 43 and 49 of the EC Treaty and
Directive 92/51/EEC (1);

II. Order the Portuguese Republic to pay the costs.