Case C-281/03: Reference for a preliminary ruling by the College van Beroep voor het bedrĳfsleven by judgment of that Court of 26 June 2003 in the proceedings between Arch Timber Protection BV and College voor de toelating van bestrĳdingsmiddelen; party to these proceedings: Stichting Behoud Leefmilieu en Natuur Maas en Waal
Date: 2003-10-18
Institutions: Court of Justice
Subjects: dangerous substance, interpretation of the law, market approval, plant health product

C 251/2

EN

Official Journal of the European Union

18.10.2003

European Communities (Agents: J.-M. Stenier, M. Bavendamm
and I. Ní Riagáin Düro) — the Court
(First Chamber),
composed of M. Wathelet, President of the Chamber, P. Jann
and A. Rosas (Rapporteur),
Jacobs, Advocate
General; R. Grass, Registrar, has made an order on 10 July
2003, the operative part of which is as follows:

Judges; F. G.

1. The appeal is dismissed;

2. Mr. Di Pietro is ordered to pay the costs.

(1) OJ C 19 of 25.1.2003.

member countries and aligning exemptions from tax and
from customs duty in the context of travel?

(1) OJ L 350, p. 12.
(2) OJ L 345, p. 9.
(3) OJ L 105, p. 1.
(4) OJ L 133, p. 6.

Reference for a preliminary ruling by the College van
Beroep voor het bedrijfsleven by judgment of
that
Court of 26 June 2003 in the proceedings between
1. Cindu Chemicals B.V., 2. Rütgers VFT AG, 3. Touwen
& Co B.V., 4. Pearl Paint Holland B.V., 5. Elf Atochem
Nederland B.V., 6. Zijlstra & Co. Verf B.V. and 7. B.V.
Chemische Producten Struyk & Co. and College voor de
toelating van bestrijdingsmiddelen

Reference for a preliminary ruling by the Landesgericht
für ZRS (Zivilrechtssachen) Wien by order of that Court
of 30 September 2002 in the case of DLD Trading
Company Import-Export spol. s.r.o. against Republic
of Austria

(Case C-281/03)

(2003/C 251/04)

(Case C-216/03)

(2003/C 251/03)

Justice of

the
Reference has been made to the Court of
European Communities by order of
the Landesgericht für
ZRS (Zivilrechtssachen) Wien (Regional Civil Court, Vienna)
of 30 September 2002, received at the Court Registry on
19 May 2003, for a preliminary ruling in the case of DLD
Trading Company Import-Export spol. s.r.o. against Republic
of Austria on the following questions:

1. Are Regulation (EC) No 3316/94 (1) and Regulation (EC)
No 2744/981 (2) compatible with the provisions of
Community law relating to exemptions from customs
duties, in particular Regulation (EEC) No 918/83 (3) and
the principle of the Customs union?

2.

If Question 1 is answered in the affirmative:

Did the retroactive entry into force of Regulation (EC)
No 2744/98 infringe the principles of legal certainty or
the protection of legitimate expectations?

3. Are Article 5(8) of Directive 69/169/EEC (4) and the
national provisions transposing it, namely Paragraph 3a
of the Verbrauchssteuer-befreiungsverordnung (Regulation
on exemptions from excise duties) and the Umsatzsteuer-
Verordnung,
II
No 326/1997), incompatible with the purposes of harmo-
nising turnover tax and excise duty within the Member
States, liberalising and facilitating travel to and from non-

(Turnover Tax Regulations)

(BGBl

the
Justice of
Reference has been made to the Court of
European Communities by judgment of
the College van
Beroep voor het bedrijfsleven (Administrative Court for Trade
and Industry) of 26 June 2003, received at the Court Registry
on 30 June 2003, for a preliminary ruling in the proceedings
between 1. Cindu Chemicals B.V., 2. Rütgers VFT AG,
3. Touwen & Co B.V., 4. Pearl Paint Holland B.V., 5. Elf
Atochem Nederland B.V., 6. Zijlstra & Co. Verf B.V. and 7. B.V.
Chemische Producten Struyk & Co. and College voor de toelating
van bestrijdingsmiddelen on the following question:

Does the Substances Directive permit a Member State to lay
down additional conditions for the placing on the market and
use of a biocidal product the active substance of which is
included in Annex I to the Substances Directive?

Reference for a preliminary ruling by the College van
Beroep voor het bedrijfsleven by judgment of
that
Court of 26 June 2003 in the proceedings between Arch
Timber Protection BV and College voor de toelating
van bestrijdingsmiddelen; party to these proceedings:
Stichting Behoud Leefmilieu en Natuur Maas en Waal

(Case C-281/03)

(2003/C 251/05)

Reference has been made to the Court of
European Communities by judgment of

Justice of
the
the College van

18.10.2003

EN

Official Journal of the European Union

C 251/3

Beroep voor het bedrijfsleven (Administrative Court for Trade
and Industry) of 26 June 2003, received at the Court Registry
on 30 June 2003, for a preliminary ruling in the proceedings
between Arch Timber Protection BV and College voor de
toelating van bestrijdingsmiddelen; party to these proceedings:
Stichting Behoud Leefmilieu en Natuur Maas en Waal on the
following question:

Does the Substances Directive permit a Member State to lay
down additional conditions for the placing on the market and
use of a biocidal product the active substance of which is
included in Annex I to the Substances Directive?

rights either from the national scheme to the European
scheme or, conversely, from the European scheme to the
national scheme;

in that by providing that the worker concerned must
expressly waive the right to transfer from the Belgian
scheme to the European scheme or by causing an
administrative practice to that effect, without the afore-
mentioned comparison having been made, these provi-
sions mislead or could mislead the worker;

and in that these national provisions do not allow years of
service as an official of the European Union to be taken
into account for the purposes of the grant of an early
national pension?

2.

3.

(1) English special edition Series-I I Chapter 1968(II) p. 475.

Reference for a preliminary ruling by the Tribunal du
Travail de Bruxelles by judgment of
that Court of
20 May 2003 in the case of Gregorio MY against
L'Office National des Pensions (O.N.P.)

(Case C-293/03)

(2003/C 251/06)

Reference for a preliminary ruling by the Bundesver-
waltungsgerichts by order of that Court of 30 April
2003 in the case of Federal Republic of Germany, repre-
sented by the Bundesministerium für Wirtschaft und
Technologie against ISIS Multimedia Net GmbH und Co.
KG and Firma O2 (Germany) GmbH and Co. OHG

Justice of
the
Reference has been made to the Court of
European Communities by judgment of
the Tribunal du
Travail de Bruxelles (Brussels Labour Court) of 20 May 2003,
received at the Court Registry on 4 July 2003, for a prelimin-
ary ruling in the case of Gregorio MY against L'Office
National des Pensions (O.N.P.) (National Pensions Office) on
the following questions:

Are national provisions, such as the Belgian Law of 21 May
1991 (establishing a certain relationship between the Belgian
pension schemes and those of international public law bodies)
and the second paragraph of Article 4 of the Belgian Royal
Decree of 23 December 1996 (implementing Articles 15, 16
and 17 of the Law of 26 July 1996 modernising social security
and ensuring the viability of the statutory pension schemes), or
Article 11 of Annex VIII to the Staff Regulations of Officials
of the European Communities, not contrary to Articles 2, 3,
17, 18, 39, 40, 42 and 283 of the EC Treaty and Article 7
of Regulation (EEC) No 1612/68 of 15 October 1968 on
freedom of movement for workers within the Community (1):

1.

in that these national provisions and the Staff Regulations
do not allow a citizen of the European Union, such as the
plaintiff, whose professional career has been carried out
first in an undertaking or in a national public service and
then in the European Union civil service, or vice versa, to
compare the pension benefits which he would obtain
under each scheme, be it national or European, through
transfer of rights acquired under the other schemes, and
based on this comparison, to request transfer of these

(Cases C-327/03 and C-328/03)

(2003/C 251/07)

Justice of

Reference has been made to the Court of
the
European Communities by order of the Bundesverwaltungs-
gerichts (Federal Administrative Court) of 30 April 2003,
received at the Court Registry on 28 July 2003, for a preli-
minary ruling in the case of Federal Republic of Germany,
represented by the Bundesministerium für Wirtschaft und
Technologie against ISIS Multimedia Net GmbH und Co. KG
and Firma O2 (Germany) GmbH and Co. OHG on the follow-
ing questions:

1.

Is Directive 97/13/EC (1) of the European Parliament and
of the Council of 10 April 1997 on a common frame-
work for general authorisations and individual licences in
the field of telecommunications services (OJ 1997 L 117,
p. 15) to be interpreted as meaning that, in respect of the
allocation of telephone numbers by the national regula-
tory authority, a fee taking account of the economic value
of the telephone numbers allocated may be imposed even
though a telecommunications undertaking operating on
the same market and occupying a dominant position on it
took over free of charge from its predecessor in law, the
former State undertaking with a monopoly, a very large