Case C-141/06: Action brought on  15 March 2006  — Commission of the European Communities v Kingdom of Spain
Date: 2006-05-20
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, consumer protection, distance selling, financial legislation

C 121/6

EN

Official Journal of the European Union

20.5.2006

Question(s) referred

Pleas in law and main arguments

The Commissione Tributaria provinciale di Roma (Provincial
Tax Court Rome) has referred the following question to the
Court of Justice for a preliminary ruling:

Must Article 33 of Directive 77/388/EEC (1) (as amended by
Directive 91/680/EEC (2)) be interpreted as meaning that net
output value arising from regular engagement in independent
activities involving the production or exchange of goods or the
rendering of services cannot be made liable to IRAP (Imposta
Regionale sulle Attività Produttive — Regional tax on busi-
nesses)?

(1) OJ L 145, 13/06/1977, p. 1.
(2) OJ L 376, 31/12/1991, p. 1.

Action brought on 15 March 2006 — Commission of the
European Communities v Kingdom of Spain

(Case C-141/06)

(2006/C 121/10)

Language of the case: Spanish

The period prescribed for
2002/65/EC into national law expired on 9 October 2004.

the transposition of Directive

(1) OJ L 271, p. 16
(2) OJ L 330, p. 50
(3) OJ L 144, p. 19
(4) OJ L 166, p. 51

Reference for a preliminary ruling from the Landgericht
Hamburg lodged on 17 March 2006 — Ludwigs-Apotheke
München Internationale Apotheke v Juers Pharma Import-
Export GmbH

(Case C-143/06)

(2006/C 121/11)

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Applicant: Ludwigs-Apotheke München Internationale Apotheke

Parties

Defendant: Juers Pharma Import-Export GmbH

Applicant: Commission of the European Communities (repre-
sented by: A. Aresu and J.R. Vidal Puig, acting as Agents)

Questions referred

Defendant: Kingdom of Spain

Form of order sought

— declare that, having failed to adopt, in relation to financial
services other than private insurance, the laws, regulations
and administrative provisions necessary to comply with
Directive 2002/65/EC (1) of the European Parliament and of
the Council of 23 September 2002 concerning the distance
marketing of consumer financial services and amending
Council Directive 90/619/EEC (2) and Directives 97/7/EC (3)
and 98/27/EC (4), and,
in any event, by having failed to
inform the Commission of them, the Kingdom of Spain has
failed to fulfil its obligations under that directive;

— order the Kingdom of Spain to pay the costs.

1. Is the rule in the third indent of Article 86(2) of Directive
2001/83/EC (1) to be interpreted as precluding a national
rule prohibiting as prohibited advertising the dispatch of
price lists for medicinal products to pharmacists if and to
the extent that the medicinal products included on those
lists are not approved in the relevant Member State but may
be imported in isolated cases from other Member States of
the European Union and other States?

2. What is the purpose of the rule according to which the title
on advertising does not cover trade catalogues and price
lists provided they include no product claims, if the scope
of application of national provisions on advertising of
medicinal products is not thereby exhaustively defined?

(1) OJ L 311, 28.11.2001, p. 67.