Order of the Court (Sixth Chamber) of 21 March 2002 in Case C-447/01 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): DLD Trading Company Import-Export, spol. s.r.o. v Republic of Austria (Preliminary ruling — Inadmissibility)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: VAT, customs duties, excise duty, interpretation of the law, quantitative restriction, tobacco

C 191/14

EN

Official Journal of the European Communities

10.8.2002

1.

2.

The action is dismissed.

The Federal Republic of Germany is ordered to pay the costs.

The question referred for a preliminary ruling by the Landesgericht
für Zivilrechtssachen Wien by decision of 5 November 2001 is
inadmissible.

(1) OJ C 348 of 8.12.2001.

(1) OJ C 84, 6.4.2002.

ORDER OF THE COURT

(Sixth Chamber)

of 21 March 2002

Action brought on 22 March 2002 by the Commission of
the European Communities against the Federal Republic
of Germany

(Case C-107/02)

(2002/C 191/25)

in Case C-447/01 (reference for a preliminary ruling
from the Landesgericht für Zivilrechtssachen Wien): DLD
Trading Company Import-Export, spol. s.r.o. v Republic
of Austria (1)

(Preliminary ruling — Inadmissibility)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 22 March 2002 by the Commission of the European
Communities, represented by Götz zur Hausen, legal adviser
to the Commission of the European Communities, with an
address for service in Luxembourg at the office of Luis Escobar
Guerrero, of the Commission’s Legal Service, Wagner Centre
C 254, Kirchberg.

(2002/C 191/24)

The applicant claims that the Court should:

(Language of the case: German)

1.

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-447/01: reference to the Court under Article 234
EC from the Landesgericht für Zivilrechtssachen Wien (Austria)
for a preliminary ruling in the proceedings pending before
that court between DLD Trading Company Import-Export,
spol. s.r.o. and Republic of Austria — first, as to whether
Austrian provisions infringe Community law in that they limit
travellers’ duty-free allowance to EUR 75 or EUR 100 when
coming from certain countries as well as certain quantitative
restrictions in regard to the relief from turnover tax and excise
duty on tobacco products and, secondly, as to the conditions
in which a Member State may be liable for damage suffered by
an individual as a result of infringements of Community law
— the Court (Sixth Chamber), composed of: F. Macken,
President of the Chamber, N. Colneric, R. Schintgen (Rappor-
teur), V. Skouris and J.N. Cunha Rodrigues, Judges; S. Alber,
Advocate General; R. Grass, Registrar, has made an order on
21 March 2002, in which it has ruled:

declare that, by failing to adopt, or in any event to
forward to the Commission, the laws, regulations and
administrative provisions necessary to comply with
Council Directive 96/29/Euratom (1) of 13 May 1996
laying down basic safety standards for the protection of
the health of workers and the general public against the
dangers arising from ionising radiation, in respect of the
clean-up of waste, the construction and clean-up of
uranium-ore extraction sites and the operation of radio-
logical installations, the Federal Republic of Germany has
failed to fulfil its obligations under that directive;

2.

order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

It follows from the binding nature of directives pursuant to
Article 161, third paragraph, EAEC and under Article 192,
first paragraph, EAEC that the Member States to whom the
directive is addressed are required to transpose the provisions
of the directive into national law in such a way that, from the
expiry of the period prescribed for transposition of that
directive, those provisions take full practical effect.