Case C-278/04: Action brought on 29 June 2004 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2004-09-11
Institutions: Court of Justice
Subjects: European Commission, European standard, Germany, action for failure to fulfil an obligation, health legislation, national implementing measure, swine, veterinary legislation

C 228/24

EN

Official Journal of the European Union

11.9.2004

Reference for a preliminary ruling by the Finanzgericht
Hamburg (Finance Court)
(Germany) by order of that
court of 16 June 2004 in the case of ED & F Man Sugar
Ltd against Hauptzollamt Hamburg-Jonas

(Case C-274/04)

(2004/C 228/47)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Finanzgericht Hamburg
(Germany), of 16 June 2004, which was received at the Court
Registry on 28 June 2004, for a preliminary ruling in the case
of ED & F Man Sugar Ltd against Hauptzollamt Hamburg-
Jonas.

2001/46/EC of the European Parliament and of the Council
of 23 July 2001 amending Council Directive 95/53/EC
fixing the principles governing the organisation of official
inspections in the field of animal nutrition and Directives
70/524/EEC, 96/25/EC and 1999/29/EC on animal nutri-
tion (1) into national law within the prescribed period, the
Federal Republic of Germany has failed to fulfil its obliga-
tions under the EC Treaty and 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 1
September 2002.

The Finanzgericht Hamburg asks the Court of Justice to give a
preliminary ruling on the following questions:

(1) OJ 2001 L 234, p. 55.

1. In an appeal against a penalty imposed on the basis of the
subparagraph of Article 11(1) of Regulation No
first
3665/87 (1)are national authorities and courts permitted to
examine whether an exporter requested a refund in excess
of that applicable if the repayment decision under the first
subparagraph of Article 11(3) of Regulation No 3665/87
became final before the penalty decision was issued?

2. If the first question is answered in the negative: in an action
to challenge a decision imposing a penalty pursuant to the
subparagraph of Article 11(1) of Regulation No
first
3665/87 in the circumstances set out in this order may it
be examined whether an exporter requested an export
refund in excess of that applicable in order to give effect to
an interpretation of Community law adopted in the mean-
while?

(1) OJ L 351, p. 1.

Action brought on 29 June 2004 by the Commission of
the European Communities against the Federal Republic of
Germany

(Case C-277/04)

(2004/C 228/48)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Commu-
nities on 29 June 2004 by the Commission of the European
Communities, represented by Gerald Braun and Arnaud Bordes
of its Legal Service, 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 transpose Directive

Action brought on 29 June 2004 by the Commission of
the European Communities against the Federal Republic of
Germany

(Case C-278/04)

(2004/C 228/49)

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Commu-
nities on 29 June 2004 by the Commission of the European
Communities, represented by Gerald Braun and Arnaud Bordes
of its Legal Service, 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 transpose Council
Directive 2001/88/EC of 23 October 2001 and Commission
Directive 2001/93/EC of 9 November 2001, both amending
Directive 91/630/EEC laying down minimum standards for
the protection of pigs (1)
law within the
prescribed period,
the Federal Republic of Germany has
failed to fulfil its obligations under the EC Treaty and under
that directive;

into national

2. order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments:

The period for transposition of Directives 2001/88/EC and
2001/93/EC expired on 1 January 2003.

(1) OJ 2001 L 316, pp. 1 and 36