Case C-357/02: Reference for a preliminary ruling by the Supremo Tribunal Administrativo by order of that Court of 3 July 2002 in the appeal brought by Fazenda Pública against Sonae Distribução SGPS, SA
Date: 2002-11-23
Institutions: Court of Justice
Subjects: company with share capital, financial transaction, interpretation of the law, securities, tax system

23.11.2002

EN

Official Journal of the European Communities

C 289/17

Action brought on 2 October 2002 by the Commission of
the European Communities against the Hellenic Republic

(Case C-352/02)

(2002/C 289/28)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 2 Octo-
ber 2002 by the Commission of the European Communities,
represented by Minas Konstantinidis, of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt, and in any event to
communicate, the laws, regulations and administrative
provisions necessary to comply with Directive 2000/14/
EC (1) of the European Parliament and of the Council of
8 May 2000 on the approximation of the laws of the
Member States relating to the noise emission in the
environment by equipment for use outdoors, the Hellenic
Republic has failed to fulfil its obligations under that
directive;

— 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 3 July 2001
without the Hellenic Republic having notified to the Com-
mission the provisions transposing the directive in question
into national law.

( 1) OJ L 162 of 3.7.2000, p. 1.

Reference for a preliminary ruling by the Tribunal du
Travail de Nivelles, Section de Nivelles — 2ème Chambre
by judgment of that Court of 24 September 2002 in
the case of Anne Hennecart against Office National de
l’Emploi

(Case C-356/02)

(2002/C 289/29)

Reference has been made to the Court of
Justice of the
European Communities by judgment of the Tribunal du Travail
de Nivelles, Section de Nivelles — 2ème Chambre (Labour
Court of Nivelles, Nivelles Section — 2nd Chamber) (Belgium)
of 24 September 2002, received at the Court Registry on
3 October 2002, for a preliminary ruling in the case of Anne
Hennecart against Office National de l’Emploi on the following
question:

Does Community law — and more particularly the principles
of citizenship and of
freedom of movement of citizens
provided for by Articles [17] and 18 of the EC Treaty —
preclude the accrual and continuation of entitlement to a
social security benefit conferred by a Member State,
the
recipient not being required to remain available on the
employment market of that State, being made subject to a
condition of residence or habitual residence within that State?

Reference for a preliminary ruling by the Supremo
Tribunal Administrativo by order of that Court of 3 July
2002 in the appeal brought by Fazenda Pública against
Sonae Distribução SGPS, SA

(Case C-357/02)

(2002/C 289/30)

Justice of the
Reference has been made to the Court of
European Communities by order of the Supremo Tribunal
Administrativo (Supreme Administrative Tribunal) of 3 July
2002, received at the Court Registry on 3 October 2002, for a
preliminary ruling in the appeal brought by Fazenda Pública
against Sonae Distribução SGPS, SA on the following question:

Are Articles 1 and 2 of Order No 904/95 of 18 July 1995 and
Article 408(1) of the Código do Mercado de Valores Mobiliá-
rios (approved by Decreto-lei No 142-A/91 of 10 April 1991,
in the version in force at the material time rather than the later
version approved by Decreto-lei No 486/99 of 13 November

C 289/18

EN

Official Journal of the European Communities

23.11.2002

1999), compatible with Articles 11 and 12 of Directive 69/
335/EEC (1), in so far as they provide for a charge, payable to
the Comissão do Mercado de Valores Mobiliários, for over-
the-counter transactions involving securities which varies
according to the value of the transaction without upper limits?

( 1) Council Directive 69/335/EEC of 17 July 1969 concerning
indirect taxes on the raising of capital. OJ L 249 of 3.10.1969,
p. 25.

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive into Greek law.

(1) OJ L 127 of 9.5.2001, p. 38.

Action brought on 9 October 2002 by the Commission of
the European Communities against the Hellenic Republic

(Case C-364/02)

(2002/C 289/31)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 9 Octo-
ber 2002 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Legal Adviser in its
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2001/32/EC (1) of 8 May 2001
recognising protected zones exposed to particular plant
health risks in the Community and repealing Directive
92/76/EEC, the Hellenic Republic has failed to fulfil its
obligations under Article 3(1) of that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

Action brought on 14 October 2002 by the Commission
of the European Communities against the Hellenic Repub-
lic

(Case C-369/02)

(2002/C 289/32)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 14 Octo-
ber 2002 by the Commission of the European Communities,
represented by Maria Kondou-Durande, Legal Adviser in its
Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt within the time-limit laid
down the laws, regulations and administrative provisions
necessary to comply with Commission Directive 2001/
33/EC (1) of 8 May 2001 amending certain annexes to
Council Directive 2000/29/EC on protective measures
against the introduction into the Community of organ-
isms harmful to plants or plant products and against their
spread within the Community, the Hellenic Republic has
failed to fulfil
its obligations under Article 2 of that
directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.