Case C-176/05: Reference for a preliminary ruling from the Landesgericht für ZRS Wien by order of that court of 8 April 2005 in KVZ retec GmbH v Republic of Austria (Federal Minister for Agriculture, Forestry, the Environment and Water Management)
Date: 2005-06-11
Institutions: Court of Justice
Subjects: cereal substitute, export monitoring, export of waste, interpretation of the law, surveillance concerning imports

C 143/28

EN

Official Journal of the European Union

11.6.2005

Reference for a preliminary ruling from the Verwaltungs-
gerichtshof by judgment of that court of 31 March 2005 in
Heger Rudi GmbH v Finanzamt Graz-Stadt

(Case C-166/05)

(2005/C 143/43)

(Language of the case: German)

Must Article 9(2) of Council Directive 93/83/EEC of
27 September 1993 on the coordination of certain rules
concerning copyright and rights related to copyright applicable
to satellite broadcasting and cable retransmission (1) be inter-
preted as meaning that, where a collecting society is deemed to
be mandated to manage the rights of a copyright owner or
holder of related rights who has not transferred the manage-
ment of his rights to a collecting society, that society does not
have the power to exercise that rightholder's right to grant or
refuse authorisation to a cable operator for cable retransmis-
sion, since it is mandated only to manage the pecuniary aspects
of that rightholder's rights?

(1) OJ L 248 of 6.10.1993, p. 15.

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Verwaltungsgerichtshof
(Higher Administrative Court)
(Austria) of 31 March 2005,
received at the Court Registry on 13 April 2005, for a preli-
minary ruling in the proceedings between Heger Rudi GmbH
and Finanzamt Graz-Stadt on the following question:

Does the grant of the right to fish by means of a transfer of
fishing permits for valuable consideration constitute a ‘supply
of services connected with immovable property’ within the
meaning of Article 9(2)(a) of Sixth Council Directive
77/388/EEC of 17 May 1977 on the harmonization of the laws
of the Member States relating to turnover taxes — Common
system of value added tax: uniform basis of assessment?

Reference for a preliminary ruling from the Cour de
Cassation de Belgique by judgment of that court of 4 April
2005,
in URADEX SCRL v Union Professionelle de la
Radio et de la Télédistribution, abbreviated as RTD and
Société Intercommunale pour la Diffusion de la Télévision,
abbreviated as BRUTELE

(Case C-169/05)

(2005/C 143/44)

(Language of the case: French)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgment of the Cour de Cassation de
Belgique (Belgium) of 4 April 2005, received at the Court
Registry on 15 April 2005, for a preliminary ruling in the
proceedings between URADEX SCRL v Union Professionelle de
la Radio et de la Télédistribution, abbreviated as RTD and
Société Intercommunale pour la Diffusion de la Télévision,
abbreviated as BRUTELE, on the following question:

Reference for a preliminary ruling from the Landesgericht
für ZRS Wien by order of that court of 8 April 2005 in
KVZ retec GmbH v Republic of Austria (Federal Minister
for Agriculture, Forestry, the Environment and Water
Management)

(Case C-176/05)

(2005/C 143/45)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Landesgericht für ZRS Wien
(Vienna Regional Civil Court)
(Austria) of 8 April 2005,
received at the Court Registry on 20 April 2005, for a preli-
minary ruling in the proceedings between KVZ retec GmbH
for Agriculture,
and Republic of Austria (Federal Minister
Forestry,
the Environment and Water Management) on the
following questions:

1. Is the shipment (transit or return) of meat-and-bone meal,
whether or not free of special risk material, subject, in so far
as it involves waste, to the notification obligation in Council
Regulation (EEC) No 259/93 (‘the Waste Shipment Regu-
lation’)?

If so,

11.6.2005

EN

Official Journal of the European Union

C 143/29

2. Is the shipment of meat-and-bone meal, whether or not free
of special risk material, excluded from the application of the
Waste Shipment Regulation in accordance with Article
1(2)(d) of that regulation?

If the answer to Question 2 is in the negative,

3. Is the shipment (transit or return) of meat-and-bone meal

(a) which is free of special risk material; or

(b) which contains special risk material (classified as ‘Cate-
gory 1’ material under the EC By-products Regulation
(Regulation (EC) No 1774/2002)

illegal under Article 26(1)(a) and (b) of the Waste Shipment
Regulation, in the absence of notification to and the consent
of the authorities concerned, waste on the ground that it
involves within the meaning of the Waste Shipment Regu-
lation?

Removal from the register of Case C-395/03 (1)

(2005/C 143/48)

(Language of the case: Dutch)

By order of 25 February 2005, the President of the Sixth
Chamber of the Court of Justice of the European Communities
has ordered the removal from the register of Case C-395/03
Commission of the European Communities v Kingdom of the
Netherlands.

(1) OJ C 264 of 01.11.2003.

Removal from the register of Case C-273/02 (1)

(2005/C 143/46)

(Language of the case: French)

By order of 16 December 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-273/02: European Parliament v
Council of the European Union, supported by Ireland, United
Kingdom of Great Britain and Northern Ireland and Grand
Duchy of Luxembourg.

(1) OJ C 219 of 14.09.2002.

Removal from the register of Case C-504/03 (1)

(2005/C 143/49)

(Language of the case: French)

By order of 4 April 2005, the President of the Second Chamber
of
the European Communities has
the Court of
ordered the removal
from the register of Case C-504/03
Commission of the European Communities v French Republic.

Justice of

(1) OJ C 21 of 24.01.2004.

Removal from the register of Case C-458/02 (1)

Removal from the register of Case C-49/04 (1)

(2005/C 143/47)

(Language of the case: English)

(2005/C 143/50)

(Language of the case: Dutch)

By order of 22 March 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-458/02 Commission of the Euro-
pean Communities v United Kingdom of Great Britain and
Northern Ireland.

By order of 23 February 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-49/04 Commission of the European
Communities v Kingdom of the Netherlands.

(1) OJ C 55 of 08.03.2003.

(1) OJ C 94 of 17.04.2004.