CELEX: C1998/113/21
Language: en
Date: 1998-04-11 00:00:00
Title: Action brought on 20 February 1998 by the Commission of the European Communities against the the Kingdom of Belgium (Case C-47/98)

11.4.98               EN                Official Journal of the European Communities                                         C 113/9
The applicant claims that the Court should:                        103/EC, expired on 23 October 1995 without Belgium
                                                                   having brought into force the necessary provisions.
Ð annul the element concerning anchovy in Annex I to
    Council Regulation (EC) No 45/98 of 19 December                (1) OJ L 307, 13.12.1993, p. 1.
    1997 fixing, for certain fish stocks and groups of fish
    stocks, the total allowable catches for 1998 and
    certain conditions under which they may be fished (1),
Ð order the defendant institution to pay the costs.
                                                                   Reference for a preliminary ruling by the Supremo
Pleas in law and main arguments adduced in support:                Tribunal Administrativo by judgment of that court of
                                                                   21 January 1998 in the case of Modelo SGPS SA against
The pleas in law and main arguments are analogous to                           Director-Geral dos Registos e Notariado
those in Case C-179/95 (2).                                                                 (Case C-56/98)
                                                                                             (98/C 113/22)
(1) OJ L 12, 19.1.1998, p. 1.
(2) OJ C 208, 12.8.1995, p. 10.
                                                                   Reference has been made to the Court of Justice of the
                                                                   European Communities by judgment of the Supremo
                                                                   Tribunal Administrativo (Supreme Administrative Court)
                                                                   of 21 January 1998, which was received at the Court
                                                                   Registry on 24 February 1998, for a preliminary ruling in
Action brought on 20 February 1998 by the Commission
                                                                   the case of Modelo SGPS against Director-Geral dos
of the European Communities against the the Kingdom of
                                                                   Registos e Notariado on the following questions.
                            Belgium
                        (Case C-47/98)
                         (98/C 113/21)                             1. Is it open to an individual to rely on Article 10 of
                                                                        Council Directive 69/335/EEC (1) in his relations with
                                                                        the State where the latter has not transposed that
An action against the Kingdom of Belgium was brought                    Directive into its national legal system?
before the Court of Justice of the European Communities
on 20 February 1998 by the Commission of the European
Communities, represented by Marie Wolfcarius, acting as            2. Are the transactions referred to in Article 4(3) of
Agent, with an address for service in Luxembourg at the                 Directive 69/335/EEC to be regarded as covered by the
office of Carlos Gómez de la Cruz, Wagner Centre,                       prohibition contained in Article 10 thereof to the
Kirchberg.                                                              effect that the levying is prohibited not only of capital
                                                                        duty but also of any other charge, in whatever form?
The applicant claims that the Court should:
                                                                   3. Must Articles 10 and 12(1)(e) of Directive 69/335/EEC
Ð declare that, by failing to adopt and bring into force                be interpreted as precluding that notarial fees for
    within the prescribed period the laws, regulations                  drawing up a (legally binding) official document
    or administrative provisions necessary to comply                    attesting to resolutions to increase capital or to amend
    with Council Directive 93/103/EC of 23 November                     articles of association from being varied according to
    1993 concerning the minimum safety and health                       the amount of the capital or the increase therein,
    requirements for work on board fishing vessels (1), the             respectively, rather than according to the cost of the
    Kingdom of Belgium has failed to fulfil its obligations             service provided?
    under that Directive,
Ð order the Kingdom of Belgium to pay the costs.                   4. If so, is it permissible, in the light of Articles 10 and
                                                                        12(1)(e) of Directive 69/335/EEC, for the amount of
                                                                        the aforementioned fees manifestly and unreasonably
Pleas in law and main arguments adduced in support:                     to exceed the actual cost of the specific service
                                                                        provided?
The mandatory nature of the provisions of the third
paragraph of Article 189 and the first paragraph of                (1) Council Directive 69/335/EEC of 17 July 1969, concerning
Article 5 of the EC Treaty requires Member States to                   indirect taxes on the raising of capital (OJ L 249, 3.10.1969,
adopt the measures necessary to transpose directives                   p. 25).
addressed to them into their domestic law before the
expiry of the period prescribed for doing so. That period,
which is laid down in Article 13 of Council Directive 93/