Case C-396/05 and C-419/05: Reference for a preliminary ruling from the Sozialgericht Berlin by judgments of that court of  27 September 2005  in Doris Habelt (C-396/05) and Martha Möser (C-419/05) v Deutsche Rentenversicherung Bund
Date: 2006-01-28
Institutions: Court of Justice
Subjects: Germany, free movement of workers, interpretation of the law, pension scheme, social security, social-security benefit, wage earner

C 22/6

EN

Official Journal of the European Union

28.1.2006

The Commission claims that the Court should:

1. declare that the Italian Republic, by adopting Legislative
Decree No 209 of 24 June 2003 transposing the provisions
of Directive 2000/53/EC (1) into national law in a manner
inconsistent with the directive itself, has failed to fulfil its
obligations under Article 2(2) and (5), Article 3(5), Article
4(2)(a) in conjunction with Annex II, Article 5(1) to (4),
Article 6(3)(a) and (4), Article 7(1) and (2), Article 8(3) and
(4), Article 10(3) and Article 12(2) of Directive 2000/53/EC
of
the Council of 18
the European Parliament and of
September 2000 on end-of life vehicles;

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

The Commission of the European Communities brought an
action on 7 November 2005 before the Court of Justice of the
European Communities
the Italian
Republic, having failed to take all the measures necessary to:

for a declaration that

— define end-of-life vehicles which are waste and their treat-
ment, corresponding to those laid down in the directive;

— include three-wheel motor vehicles in end-of-life vehicles in

the Legislative Decree transposing the directive;

— provide clearly that all dangerous materials and compo-
nents as laid down in Annex II of the directive are removed
from vehicles before any further treatment;

— implement a system of controls and assessments necessary
to evaluate the attainment of the objectives stated in the
directive so that those objectives have been attained before
1 January 2006;

— determine that

the information to be provided by the
producers of vehicles and components must reflect what is
required by the treatment facilities;

— implement the obligation to regularly monitor the results
achieved and to report such results to the competent autho-
rities and the Commission and,
implement the
obligation on the competent authorities to make provisions
for examining the progress reached under an agreement;

likewise,

has failed to fulfil its obligations under Article 2(2) and (5),
Article 3(5), Article 4(2)(a)
in conjunction with Annex II,
Article 5(1) to (4), Article 6(3)(a) and (4), Article 7(1) and (2),
Article 8(3) and (4), Article 10(3) and Article 12(2) of Directive
2000/53/EC of the European Parliament and of the Council of
18 September 2000 on end-of life vehicles.

The Commission also requests that the Italian Republic be
ordered to pay the costs of the action.

(1) OJ L 269 of 21.10.2000, p. 34.

— provide, as far as technically feasible, for the collection in
suitable collection facilities of waste used parts removed
when passenger cars are repaired;

Reference for a preliminary ruling from the Sozialgericht
Berlin by judgments of that court of 27 September 2005
in Doris Habelt (C-396/05) and Martha Möser (C-419/05) v
Deutsche Rentenversicherung Bund

— regarding the issue of certificates of destruction, ensure that
those are issued by authorised treatment centres as provided
for in Article 6 of the directive. The issue of those certifi-
cates also does not appear to be a condition for the de-
registration of end-of life vehicles as required by the direc-
tive;

— ensure that producers meet all, or a significant part of, the
costs of the implementation of the system of free delivery
of end-of-life vehicles;

— ensure the safety of dangerous components of end-of-life

vehicles before they are treated;

— give preference to recycling over other recovery methods of

the vehicles in question;

— preclude transposition of certain specific provisions of the
through agreements within the

directive, stated therein,
meaning of Article 10 of the directive;

(Case C-396/05 and C-419/05)

(2006/C 22/11)

(Language of the case: German)

Reference has been made to the Court of Justice of the Euro-
pean Communities by judgments of the Sozialgericht Berlin of
27 September 2005, received at the Court Registry on 14 and
28 November 2005, for a preliminary ruling in the proceedings
between Doris Habelt (C-396/05) and Martha Möser (C-419/
05) and Deutsche Rentenversicherung Bund on the following
question:

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.