Case C-186/07: Reference for a preliminary ruling from the Tribunal Superior de Justicia de Canarias (Spain) lodged on 2 April 2007 — Club Náutico de Gran Canaria v Comunidad Autónoma de Canarias
Date: 2007-06-09
Institutions: Court of Justice
Subjects: Canary Islands, interpretation of the law, provision of services, sport, tax exemption, tax system

9.6.2007

EN

Official Journal of the European Union

C 129/9

Reference for a preliminary ruling from the Tribunal
Superior de Justicia de Canarias (Spain) lodged on 2 April
2007 — Club Náutico de Gran Canaria v Comunidad
Autónoma de Canarias

2. Is the material, the length or the purpose of the tethering of

any significance in that respect?

(Case C-186/07)

(2007/C 129/14)

Language of the case: Spanish

Referring court

Tribunal Superior de Justicia de Canarias

Parties to the main proceedings

Defendant: Comunidad Autónoma de Canarias

Applicant: Club Náutico de Gran Canaria

(1) Council Directive 91/629/EEC of 19 November 1991 laying down
minimum standards for the protection of calves (OJ 1991 L 340,
p. 28).

(2) Commission Decision of 24 February 1997 amending the Annex to

Directive 91/629/EEC (OJ 1997 L 76, p. 30).

Reference for a preliminary ruling from the Cour de
Cassation (France) lodged on 3 April 2007 — Commune de
Mesquer v Total France, SA, Total International Ltd.

(Case C-188/07)

(2007/C 129/16)

Language of the case: French

Question referred

Decides to refer the matter to the Court of Justice of the Euro-
pean Communities for the latter to give a preliminary ruling on
the effects of its judgment of 7 May 1998 on Article 10.1.13 of
Law 20/91 amending the fiscal aspects of the economic and
fiscal rules applicable to the Canary Islands (1).

Referring court

(1) Case C-124/96 Commission v Spain, ECR [1998], p. I-2501.

Cour de Cassation

Reference for a preliminary ruling from the Rechtbank
Zutphen (Nederland) lodged on 3 April 2007 — Criminal
proceedings against Dirk Endendijk

(Case C-187/07)

(2007/C 129/15)

Parties to the main proceedings

Appellant: Commune de Mesquer

Respondents: Total France, SA, formerly known as Total Raffinage
Distribution, Total International Ltd.

Language of the case: Dutch

Questions referred

Referring court

Rechtbank Zutphen

Parties to the main proceedings

Dirk Endendijk

Questions referred

1. How is

tethered, within the meaning of Directive
91/629/EEC (1), in conjunction with Decision 97/182/EC (2)
to be interpreted?

1. Can heavy fuel oil, as the product of a refining process,
meeting the user's
specifications and intended by the
producer to be sold as a combustible fuel, and referred to in
Directive 68/414/EEC of 20 December 1968 (1) as amended
by Directive 98/93/EC of 14 December 1998 (2) relating to
strategic resources
to which a stock-holding obligation
attaches, be treated as waste within the meaning of Article 1
of Directive 75/442/EEC of 15 July 1975 (3) as amended by
Directive 91/156/EEC of 18 March 1991 (4) and codified by
Directive 2006/12/EC (5)?

2. Does a cargo of heavy fuel oil, transported by a ship and
accidentally spilled into the sea, constitute — either in itself
or on account of being mixed with water and sediment —
waste falling within Category Q4 in Annex I to Directive
2006/12/EC?