Case C-26/08: Action brought on 24 January 2008 — Commission of the European Communities v Federal Republic of Germany
Date: 2008-01-24
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, harbour installation, national implementing measure, pollution from ships, vessel, waste disposal, waste management

12.4.2008

EN

Official Journal of the European Union

C 92/13

Reference for a preliminary ruling from the Administratīvā
lodged on 15 January
apgabaltiesa (Republic of Latvia)

2008 — SIA Schenker v Valsts ieņēmumu dienests

(Case C-16/08)

(2008/C 92/22)

Language of the case: Latvian

Referring court

Administratīvā apgabaltiesa

Parties to the main proceedings

Applicant: SIA Schenker

Defendant: Valsts ieņēmumu dienests

Question referred

Form of order sought

— Declare that, by failing to develop and implement waste
its ports, the Federal
reception and handling plans for all
Republic of Germany has failed to fulfil its obligations under
Directive 2000/59/EC of the European Parliament and of
the Council of 27 November 2000 on port reception facil-
ities for ship-generated waste and cargo residues (1);

— order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the Directive into national
law expired on 28 December 2002.

(1) OJ 2000 L 332, p. 81.

Must heading 8528 21 90 of the Combined Nomenclature be
interpreted as meaning that, as at 29 December 2004, it was
also applicable to active matrix liquid crystal devices (TFT LCD
— LTA320W2-L01, LTA260W1-L02, LTM170W1-L01) princi-
pally made up of the following elements:

(1) two glass plates;

(2) a layer of liquid crystal inserted between the two plates;

(3) vertical and horizontal signal drivers;

(4) backlight;

Reference for a preliminary ruling from the Bundesverwal-
lodged on 25 January 2008 —
tungsgericht (Germany)

BIOS Naturprodukte GmbH v Saarland

(Case C-27/08)

(2008/C 92/24)

Language of the case: German

(5) inverter providing high voltage power for backlight;

Referring court

(6) control block — data transmission interface (control PCB or
PWB) to ensure sequential transmission of data to each pixel
(dot) of the LCD unit using specific technology — LVDS
(low voltage differential signalling)?

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: BIOS Naturprodukte GmbH

Defendant: Saarland

Question referred

Action brought on 24 January 2008 — Commission of the
European Communities v Federal Republic of Germany

(Case C-26/08)

(2008/C 92/23)

Language of the case: German

Is the definition of medicinal product in Article 1(2) of Directive
2001/83/EC (1) in the version in Directive 2004/27/EC (2) to be
interpreted to the effect that a product intended for human
consumption and described as a food supplement is a functional
medicinal product if it contains substances which pose a risk to
health in the low dose contained in the product when the
recommended intake printed on the packaging is observed,
without being capable of producing therapeutic effects, but have
therapeutic effects in high doses?

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson and H. Krämer, acting as Agents)

(1) OJ L 311, p. 67.
(2) OJ L 136, p. 34.

Defendant: Federal Republic of Germany