Case C-97/05: Reference for a preliminary ruling from the Verwaltungsgericht Darmstadt by order of that court of 25 January 2005 in the proceedings between Mohamed Gattoussi and the Municipality of Rüsselsheim
Date: 2005-04-30
Institutions: Court of Justice
Subjects: Germany, Tunisia, Union for the Mediterranean, interpretation of the law, residence permit

30.4.2005

EN

Official Journal of the European Union

C 106/17

Pleas in law and main arguments

The contested judgment of the Court of First Instance should
be set aside on the following grounds:

interpreted incorrectly the multisectoral

— The Court of First Instance infringed Article 87(3) EC, since
it
regional aid
framework for large investment projects, and thereby disre-
garded the discretion enjoyed by the Commission in
drawing up and applying that Community framework.
Moreover, the Court of First Instance's economic assess-
ment, namely that aid in a shrinking market is known to
create substantial risks of distortions of competition even if
there is no overcapacity in the sector concerned, is wrong.

— The Court of First Instance found, as a result of an incorrect
interpretation of the fourth paragraph of Article 230 EC,
that the applicant at first instance had locus standi and the
application was therefore admissible. The applicant is not
directly and individually concerned by the contested aid,
since there is no relationship of competition between it and
the appellants.

— The Court of First Instance infringed Article 64 of the Rules
of Procedure. It should have clarified the facts further by
means of measure of organisation of procedure, in order to
ascertain the facts which were said to justify the applicant's
locus standi.

— The Court of First Instance infringed the second paragraph
of Article 230 EC, since in its judgment it went beyond the
complaints raised in the application.

(1) OJ No C 31 of 5.2.2005.

Reference for a preliminary ruling from the the House of
Lords by order of that court of 3 November 2004 in
United Utilities plc v Commissioners of Customs and
Excise

(Case C-89/05)

(2005/C 106/32)

(Language of the case: English)

on 18 February 2005, for a preliminary ruling in the proceed-
ings between United Utilities plc and Commissioners of
Customs and Excise on the following question:

1. Does the exemption for betting laid down in Article 13B(f)
of
the EC Sixth Council Directive of 17th May 1977
(Directive 77/388/EEC) (1) apply where a person (‘the
Agent’) provides services on behalf of another person (‘the
Principal’) of accepting bets from customers and communi-
cating their acceptance by the Principal to customers where:
(a) the actions of the Agent perform a necessary step in
creating the legal relationship of a bet between the Principal
and its customer and thereby consummate the betting trans-
action; but (b) the Agent makes no decisions as to the
setting of odds, the odds being set by the Principal or in
some cases determined by third parties under the rules of
the sport in question; and (c) the Agent decides whether or
not to accept bets on behalf of the Principal in accordance
with criteria laid down by the Principal so that the Agent
has no discretion?

(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nization of the laws of the Member States relating to turnover taxes
- Common system of value added tax: uniform basis of assessment
(OJ L 145, 13.06.1977, p. 1).

Reference for a preliminary ruling from the Verwaltungs-
gericht Darmstadt by order of that court of 25 January
2005 in the proceedings between Mohamed Gattoussi and
the Municipality of Rüsselsheim

(Case C-97/05)

(2005/C 106/33)

(Language of the case: German)

(Darmstadt Administrative Court)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Verwaltungsgericht Darm-
stadt
(Germany) of 25
January 2005, received at the Court Registry on 23 February
2005, for a preliminary ruling in the proceedings between
Mohamed Gattoussi and the Municipality of Rüsselsheim on
the following questions:

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the the House of Lords (United
Kingdom) of 3 November 2004, received at the Court Registry

1. Does Article 64 of the Euro-Mediterranean Agreement with
Tunisia (OJ 1998 L 97, p. 2) have any effect on entitlement
to remain?

C 106/18

EN

Official Journal of the European Union

30.4.2005

If Question 1 is answered in the affirmative:

2. Can it be inferred from the prohibition of discrimination in
Article 64 of
the Euro-Mediterranean Agreement with
Tunisia that the position in respect of entitlement to remain
precludes any time limitation on entitlement
to remain
where a Tunisian citizen holds a work permit of indefinite
duration, is actually in employment and at the time of the
decision under the law concerning aliens has temporary
entitlement to remain?

1. Is Article 11(A)(2)(a) in conjunction with Article 11(A)(3)(c)
of the Sixth VAT Directive (1) to be interpreted as meaning
that a registration duty for motor vehicles (cars) must be
included in the taxable amount for VAT, where a purchase
agreement is entered into for the supply of a new motor
vehicle for use for carrying passengers, where the motor
vehicle is supplied, in accordance with the purchase agree-
ment and the purchaser's intended use, by the dealer to the
consumer in the registered state and for an overall price
which includes both the price paid to the dealer and also
the duty?

If Question 2 is answered in the affirmative:

3. For the purposes of determining the position in respect of
entitlement to remain in the light of the prohibition on
discrimination in Article 64 of
the Euro-Mediterranean
Agreement with Tunisia, can account be taken of the posi-
tion subsequent to the issue of a decision under the law on
aliens setting a time-limit on entitlement to remain?

If Question 3 is answered in the affirmative:

4. Is it necessary to follow the principles developed as regards
Article 39(3) EC when applying the proviso in respect of
grounds relating to the protection of a legitimate national
interest?

2. May a Member State arrange its tax system in such a way
that the registration duty is regarded as an expense which
the dealer pays on behalf of the final purchaser, so that it is
the final purchaser who is immediately liable to pay the
duty?

3. Is it of significance with respect to Questions 1 and 2 that a
car may be purchased and supplied without payment of
registration duty, which will be possible if the purchaser
does not intend to use the car for ordinary carriage of
passengers or goods within the area in which the Traffic
Law applies?

Reference for a preliminary ruling from the Østre Lands-
ret by order of that court of 11 February 2005 in De
Danske Bilimportører v Skatteministeriet

4. Is it of significance that used motor vehicles are to a not
insubstantial extent imported or brought inter alia as goods
in connection with a transfer of residence by the final
consumer, who pays the registration duty himself without
the intervention of a dealer?

(Case C-98/05)

(2005/C 106/34)

(Language of the case: Danish)

5. Is it of significance that the liability to registration duty
arises or falls due — possibly as an expense — before the
liability to VAT arises or falls due?

(1) Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
– Common system of value added tax: uniform basis of assessment,
OJ L 145 of 13.6.1977, p. 1.

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Østre Landsret (Denmark)
of 11 February 2005, received at the Court Registry on 24
February 2005, for a preliminary ruling in the proceedings
between De Danske Bilimportører and Skatteministeriet on the
following questions: