Case C-409/07: Reference for a preliminary ruling from the Verwaltungsgericht Giessen (Germany) lodged on 3 September 2007 — Avalon Service-Online-Dienste GmbH v Wetteraukreis
Date: 2007-11-24
Institutions: Court of Justice
Subjects: EU Member State, State monopoly, freedom to provide services, game of chance, interpretation of the law, provision of services, sporting event

C 283/14

EN

Official Journal of the European Union

24.11.2007

Reference for a preliminary ruling from the Landgericht
Frankfurt am Main (Germany)
lodged on 5 September
2007 — Brigitte Ruf and Gertrud Elsässer v European
Central Bank (ECB), Coop Himmelblau Prix, Dreibholz &
Partner ZT GmbH, Intervener in support of the first defen-
dant: City of Frankfurt am Main

(Case C-408/07)

(2007/C 283/25)

Language of the case: German

Parties to the main proceedings

Applicant: Avalon Service-Online-Dienste GmbH

Defendant: Wetteraukreis

Questions referred

Referring court

Landgericht Frankfurt am Main

Parties to the main proceedings

Applicants: Brigitte Ruf, née Elsässer, and Gertrud Elsässer, née
Sommer

Defendants: European Central Bank (ECB), Coop Himmelblau
Prix, Dreibholz & Partner ZT GmbH

Intervener in support of the first defendant: City of Frankfurt am
Main

Questions referred

1. Is the second paragraph of Article 288 EC to be interpreted
as meaning that it is an action ‘in the performance of its
duties’ where a Community institution plans a specific
building measure for the construction of its new business
premises?

2. Is the second paragraph of Article 288 EC to be interpreted
as meaning that the forms of compensation for damage
which the Community judicature is authorised to order also
include an order to desist from a potential but not yet actual
infringement of a right (breach of moral rights)?

3. Is the second paragraph of Article 288 EC to be interpreted
as meaning that the Court of Justice has exclusive jurisdiction
also in cases where the applicant bases the compensation
obligation of the Community institution on an infringement
of national law?

such as

1. Are Articles 43 and 49 EC to be interpreted as precluding a
national monopoly on certain gaming,
sports
betting, where there is no consistent and systematic policy to
limit gaming in the Member State concerned as a whole, in
particular because the operators which have been granted a
licence within that Member State encourage participation in
other gaming — such as State-run lotteries and casino games
— and, moreover, other games with the same or a higher
suspected potential danger of addiction — such as betting on
certain sporting events (e.g. horse racing) and slot machines
— may be provided by private service providers?

specifically designated for

2. Are Articles 43 and 49 EC to be interpreted as meaning that
authorisations to operate sports betting, granted by State
that purpose by the
bodies
Member States, which are not restricted to the particular
national territory, entitle the holder of the authorisation and
third parties appointed by it to make and implement offers
to conclude contracts also in other Member States without
any additional national authorisations being required?

Reference for a preliminary ruling from the Verwaltungs-
gericht Giessen (Germany) lodged on 3 September 2007 —
Olaf Amadeus Wilhelm Happel v Wetteraukreis

(Case C-410/07)

(2007/C 283/27)

Language of the case: German

Reference for a preliminary ruling from the Verwaltungs-
gericht Giessen (Germany) lodged on 3 September 2007 —
Avalon Service-Online-Dienste GmbH v Wetteraukreis

Referring court

(Case C-409/07)

(2007/C 283/26)

Verwaltungsgericht Giessen

Language of the case: German

Parties to the main proceedings

Referring court

Verwaltungsgericht Giessen

Applicant: Olaf Amadeus Wilhelm Happel

Defendant: Wetteraukreis