Case C-398/05: Reference for a preliminary ruling from the Finanzgericht Düsseldorf by order of that court of  2 November 2005  in AGST Draht- und Biegetechnik GmbH v Hauptzollamt Aachen
Date: 2006-01-28
Institutions: Court of Justice
Subjects: India, South Korea, countervailing charge, import, interpretation of the law, steel, wire

28.1.2006

EN

Official Journal of the European Union

C 22/7

Is the provision in Annex VI. D. (formerly C.) Germany No 1
to Regulation (EEC) No 1408/71 (1) on the application of social
security schemes
to self-employed
to employed persons,
persons and to members of their families moving within the
Community (Regulation 1408/71) compatible with higher-
ranking European law, particularly the principle of freedom of
movement — in this case, the principle of the exportability of
benefits under Article 42 of the Treaty establishing the Euro-
pean Community (EC) — inasmuch as it rules out also pension
benefits in respect of contribution periods completed in the
territory of the former German Reich?

(1) OJ, English Special Edition, 1971 (II), p. 416.

Reference for a preliminary ruling from the Finanzgericht
Düsseldorf by order of that court of 2 November 2005 in
AGST Draht- und Biegetechnik GmbH v Hauptzollamt
Aachen

(Case C-398/05)

(2006/C 22/12)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
(Finance
Court) Düsseldorf of 2 November 2005, received at the Court
Registry on 15 November 2005, for a preliminary ruling in the
proceedings between AGST Draht- und Biegetechnik GmbH
and Hauptzollamt Aachen on the following question:

the Finanzgericht

Is Council Regulation (EC) No 1599/1999 (1) of 12 July 1999
imposing a definitive countervailing duty and collecting defini-
tively the provisional duty imposed on stainless steel wires with
a diameter of 1 mm or more originating in India and termi-
nating the proceeding concerning imports of stainless steel
wires with a diameter of 1 mm or more originating in the
Republic of Korea invalid in so far as it provides that counter-
vailing duty under subheading 7223 00 19 of the Combined
Nomenclature is to be imposed on wire manufactured by
Venus Wire Industries Ltd, Mumbai, India.

(1) OJ 1999 L 189, p. 1.

Action brought on 15 November 2005 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-399/05)

(2006/C 22/13)

(Language of the case: Greek)

Justice of

An action against the Hellenic Republic was brought before the
the European Communities on 15
Court of
November 2005 by the Commission of the European Commu-
nities, represented by M. Patakia, Commission Legal Adviser,
and A.X.P. Lewis, of the Commission's Legal Service, with an
address for service in Luxembourg.

The Commission claims that the Court should:

— declare that, because the Dimosia Epikhirisi

Ilektrismou
(Public Power Corporation; 'DEI') admitted to the final stage
of
the tender procedure which it had opened for the
construction and bringing into operation of a thermal
power station in Lavrio two companies which did not meet
the relevant conditions in the invitation to tender and the
tender documents, the Hellenic Republic has failed to fulfil
its obligations under Article 4(2) of Directive 93/38/EC (1)
and under the principles of transparency and of equal treat-
ment of tenderers;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

— The Commission received a complaint

relating to the
carrying out of, and in particular to the failure to observe
tender conditions in, a DEI tendering procedure for the
construction and bringing into operation of a thermal
power station in Lavrio.

— In light of the Court of Justice's case-law, the Commission
submits that, for reasons of equality and transparency, DEI
was obliged to reject the tenders of companies which did
not meet conditions that DEI itself laid down in the invita-
tion to tender and in the specification, that is to say posses-
sion of experience in the planning and management of
turn-key contracts and the offer of maintenance of the gas
turbine exclusively by its manufacturer.