Case C-57/04: Action brought on 10 February 2004 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2004-04-03
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, atmospheric pollutant, environmental standard

C 85/18

EN

Official Journal of the European Union

3.4.2004

Action brought on 10 February 2004 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

(Case C-57/04)

(2004/C 85/32)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 10 February 2004 by the Commission of the European
Communities, represented by Ulrich Wölker, Legal Adviser,
and Gregorio Valero Jordana, of the Commission’s Legal
Service, acting as Agents, with an address for service in
Luxembourg.

The applicant claims that the Court should:

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/81/EC of the European Parliament and of
the Council of 23 October 2001 on national emission
ceilings for certain atmospheric pollutants (1), or, in any
event, by failing to inform the Commission thereof, 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

The period for transposition of the directive expired on
27 November 2002.

(1) OJ 2001 L 309, p. 22.

Action brought on 12 February 2004 by the Commission
of the European Communities against the Italian Republic

(Case C-62/04)

(2004/C 85/33)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 12 February
2004 by the Commission of the European Communities,
represented by Chiara Cattabriga, of its Legal Service, acting as
Agent.

The applicant claims that the Court should:

— declare that, by not implementing the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2002/70/EC (1) of 26 July 2002
establishing requirements for the determination of levels
of dioxins and dioxin-like PCBs in feedingstuffs, or in any
event by failing to forward those provisions to the
Commission, the Italian Republic has failed to fulfil its
obligations under Article 3 of that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive expired on
28 February 2003.

(1) OJ L 209 of 6.8.2002, p. 15.

Reference for a preliminary ruling by the High Court of
Justice (England and Wales) by order of that court dated
21 February 2003, in the case of Centralan Property Ltd
against Commissioners of Customs and Excise

(Case C-63/04)

(2004/C 85/34)

Reference has been made to the Court of Justice of the
European Communities by an order of the High Court of
Justice (England and Wales) dated 21 February 2003, which
was received at the Court Registry on 13 February 2004, for a
preliminary ruling in the case of Centralan Property Ltd and
Commissioners of Customs and Excise on the following
question:

Where: During the period of adjustment provided for in
article 20(2) of the Sixth VAT Directive (1) a taxable person
disposes of a building which is treated as a capital good; and
The disposal of the building is effected by way of two supplies,
being (i) the grant of a 999 year lease of the building (an
exempt transaction under article 13(B)(b) of the Directive) for
a premium of £6 million, followed three days later by (ii) the
sale of the freehold reversion (a taxable transaction under
article 13(B)(g) and article 4(3)(a) of the Directive) for a
price of £1,000 plus VAT and which either are or are not
preordained in the sense that once the first had been carried
out there was no chance that the second would not be, is
article 20(3) of the Sixth VAT Directive to be interpreted so
that: