Case C-345/06: Reference for a preliminary ruling from the Unabhängiger Verwaltungssenat im Land Niederösterreich (Austria) lodged on 10 August 2006 — Gottfried Heinrich
Date: 2006-11-18
Institutions: Court of Justice
Subjects: EU Official Journal, EU act, dissemination of EU information, interpretation of the law

18.11.2006

EN

Official Journal of the European Union

C 281/19

If not:

3. Are the combined provisions of Article 1(2) and Article 8(2)
and (4) of Directive 91/439/EEC to be interpreted as
meaning that a Member State within its territory may refuse
to recognise a right to drive under a driving licence issued
by another Member State where the holder of the foreign
EU driving licence has previously, in the territory of the first
Member State, had his driving licence withdrawn or
cancelled for some reason by the administrative authorities
and where it is to be concluded on the basis of objective
evidence (non-residence in the Member State issuing the
driving licence or the failure of an application for the
national driving licence to be restored) that the only reason
for acquiring the foreign EU driving licence was to circum-
vent the strict substantive requirements of national proce-
dure for the restoration of a driving licence, particularly the
need for a medical/psychological report?

(1) OJ L 237, p.1.

Reference for a preliminary ruling from the Unabhängiger
im Land Niederösterreich (Austria)
Verwaltungssenat

lodged on 10 August 2006 — Gottfried Heinrich

(Case C-345/06)

(2006/C 281/30)

2. Do regulations or parts thereof have binding force if,
contrary to the requirement of Article 254(2) EC, they are
not published in the Official
the European
Union?

Journal of

(1) OJ L 145, p. 43.

Reference for a preliminary ruling from the Tribunale
Amministrativo Regionale di Brescia (Italy) lodged on 17
August 2006 — ASM Brescia S.p.A. v Comune di Rodengo
Saiano

(Case C-347/06)

(2006/C 281/31)

Language of the case: Italian

Referring court

Tribunale Amministrativo Regionale di Brescia

Parties to the main proceedings

Applicant: ASM Brescia S.p.A.

Defendant: Comune di Rodengo Saiano

Language of the case: German

Questions referred

Referring court

Unabhängiger Verwaltungssenat im Land Niederösterreich

Parties to the main proceedings

Applicant: Gottfried Heinrich

Questions referred

1. Do documents within the meaning of Article 2(3) of Regu-
lation (EC) No 1049/2001 of the European Parliament and
of the Council of 30 May 2001 regarding public access to
and Commission docu-
European Parliament, Council
ments (1) include acts which are required to be published in
the Official
Journal of the European Union pursuant to
Article 254 EC?

(1) Is an automatic and generalised extension till 31 December
2007 of current concessions for the distribution of natural
gas, originally granted without any previous tender proce-
dure, contrary to Articles 43, 49 and 86(1) of the Treaty,
and the principles of equal treatment, non-discrimination
and transparency?

(2) Are subsequent automatic extensions till 31 December
2009 of current concessions for the distribution of natural
gas, originally granted without any previous tender proce-
dure, contrary to Articles 43, 49 and 86(1) of the Treaty,
and the principles of equal treatment, non-discrimination
and transparency in the following cases:

(a) when the holder of the concession has carried out a
merger enabling it to serve a number of customers
twice as great as the larger of the companies was able
to;

(b) when the holder of the concession has acquired more
than 100 000 final users, or it supplies more than 100
million cubic metres of gas a year or its field of opera-
tions is at least as great as the whole territory of the
province;

(c) when at least 40 % of the concession-holder's share
capital has been transferred to private shareholders?