Order of the Court of 17 May 2002 in Case C-406/01: Federal Republic of Germany v European Parliament and Council of the European Union (Action for annulment — Manifest inadmissibility — Delay)
Date: 2002-08-10
Institutions: Court of Justice
Subjects: European Parliament, Germany, action for annulment (EU), marketing standard, tobacco industry, trade restriction

10.8.2002

EN

Official Journal of the European Communities

C 191/13

between Buchhändler-Vereinigung GmbH and Saur Verlag
GmbH & Co. KG, Die Deutsche Bibliothek, on the interpret-
ation of Articles 1 and 8 of Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for
the award of public service contracts (OJ 1992 L 209, p. 1), as
amended by European Parliament and Council Directive 97/
52/EC of 13 October 1997 (OJ 1997 L 328, p. 1), the Court
(Second Chamber) composed of: N. Colneric, President of the
Chamber, R. Schintgen and V. Skouris (Rapporteur), Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, has made
an order on 30 May 2002, the operative part of which is as
follows:

A concession contract for public publishing services is excluded, under
Community law as it stands at present, from the scope of Council
Directive 92/50/EEC of 18 June 1992 relating to the coordination
of procedures for the award of public service contracts, as amended by
European Parliament and Council Directive 97/52/EC of 13 October
1997, even though, by reason of its specific object, it is covered by
Annex I A to that directive to which Article 8 thereof refers.

(1) OJ C 355 of 9.12.2000.

ORDER OF THE COURT

of 26 April 2002

in Case C-454/00 (reference for a preliminary ruling from
the Corte d’Appello di Milano): VIS Farmaceutici Istituto
scientifico delle Venezie SpA v Duphar International
Research BV (1)

(Preliminary ruling — Inadmissibility)

(2002/C 191/22)

(Language of the case: Italian)

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

In Case C-454/00: reference to the Court under Article 234 EC
from the Corte d’appello di Milano (Italy) for a preliminary
ruling in the proceedings pending before that court between
VIS Farmaceutici Istituto scientifico delle Venezie SpA and
Duphar International Research BV,
intervener: Consorzio
Produttori Principi Attivi Generici (CPA) — on the interpret-
ation of Article 4 of Council Regulation (EEC) No 1768/92 of
18 June 1992 concerning the creation of a supplementary
protection certificate for medicinal products (OJ 1992 L 182,

of

p. 1) — the Court, composed of: G.C. Rodrı´guez Iglesias,
President, P. Jann, F. Macken, N. Colneric and S. von Bahr,
(rapporteur),
Presidents
D. A. O. Edward, A. La Pergola, J.-P. Puissochet, M. Wathelet,
V. Skouris, J. N. Cunha Rodrigues and C. W. A. Timmermans,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
has made an order on 26 April 2002, in which it has ruled:

C. Gulmann

Chamber,

The question referred by the Corte d’Appello di Milano by order of
25 October 2000 is inadmissible.

(1) OJ C 17, 19.1.2002.

ORDER OF THE COURT

of 17 May 2002

in Case C-406/01: Federal Republic of Germany v Euro-
pean Parliament and Council of the European Union (1)

(Action for annulment — Manifest inadmissibility — Delay)

(2002/C 191/23)

(Language of the case: German)

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

In Case C-406/01: Federal Republic of Germany (Agents:
W.-D. Plessing and M. Lumma, assisted by J. Sedemund) v
European Parliament (Agents: C. Pennera and E. Waldherr) and
Council of the European Union (Agents: E. Karlsson and
J.-P. Hix) — application for annulment of Article 3(1) in
conjunction with Article 3(2) of Directive 2001/37/EC of the
European Parliament and of the Council of 5 June 2001 on
the approximation of the laws, regulations and administrative
provisions of the Member States concerning the manufacture,
presentation and sale of tobacco products (OJ 2001 L 194,
p. 26), in so far as those provisions prohibit the manufacture
of cigarettes for export from the European Community to
non-Member States — the Court, composed of: G.C. Rodrı´guez
Iglesias, President, P. Jann, F. Macken, N. Colneric and S. von
Bahr (Presidents of Chambers), C. Gulmann, D.A.O. Edward,
A. La Pergola (Rapporteur),
J.-P. Puissochet, M. Wathelet,
R. Schintgen, V. Skouris, J.N. Cunha Rodrigues, C.W.A. Tim-
Judges; C. Stix-Hackl, Advocate
mermans and A. Rosas,
General; R. Grass, Registrar, made an order on 17 May 2002,
the operative part of which is as follows:

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.