CELEX: C2003/275/47
Language: en
Date: 2003-11-15 00:00:00
Title: Case C-382/03: Reference for a preliminary ruling by the Supreme Court, Ireland, by order of that court dated 2 April 2003, in the case of Ryanair Ltd against Aer Rianta cpt

C 275/32               EN                        Official Journal of the European Union                                          15.11.2003
Furthermore, the substantive amendments made by the                      Reference for a preliminary ruling by the Bundesfinanzh-
Council following the Opinion of the Parliament give rise to a           of by order of that Court of 30 July 2003 in the case of
claim that the Parliament’s rights under the co-decision                 Hauptzollamt Hamburg-Jonas against Käserei Champig-
procedure under Article 251 EC were infringed.                                           non Hofmeister GmbH & Co. KG
Finally the Federal Government claims in the alternative that                                       (Case C-385/03)
the principle of proportionality has been infringed since the
total bans provided for in Articles 3 and 4 on advertising in
the press and/or printed publications as well as on the radio                                      (2003/C 275/48)
and the internet deliberately and specifically target local or
regional situations with no cross-border element almost
exclusively, with the result that the extensive prohibitions,
within the meaning of Article 14(1) EC on the improvement                Reference has been made to the Court of Justice of the
of the internal market, are not necessary and are therefore              European Communities by order of the Bundesfinanzhof
disproportionate. The infringement of the principle of pro-              (Federal Finance Court) of 30 July 2003, received at the Court
portionality is all the more serious because the prohibitions            Registry on 12 September 2003, for a preliminary ruling in
have a significant adverse effect on the basic right of freedom          the case of Hauptzollamt Hamburg-Jonas against Käserei
of thought and press freedom, owing to the excessively                   Champignon Hofmeister GmbH & Co. KG on the following
broad and unspecific definition of the terms ‘advertising’ in            question:
Article 2(b) and ‘the press and other printed publications’ in
Articles 1(a) and 3 of the Directive.
                                                                         Must the first and second subparagraphs of Article 11(1) of
(1) OJ L 152, p. 16.
                                                                         Regulation (EEC) No 3665/87 (1), as amended by Regulation
                                                                         (EC) No 2945/94 (2), be interpreted — also in the light of
                                                                         the principle of proportionality — as meaning that false
                                                                         information relating to individual items listed in the export
                                                                         declaration, which could result in the exporter receiving a
                                                                         higher export refund than that to which it is entitled, is by
                                                                         itself sufficient to give rise to a punitive reduction in the export
                                                                         refund in the amount set out in those provisions, even though
Reference for a preliminary ruling by the Supreme Court,                 the exporter expressly stated in connection with the separate
Ireland, by order of that court dated 2 April 2003, in the               application for payment which must be submitted under
          case of Ryanair Ltd against Aer Rianta cpt                     national law that it would not be applying for an export refund
                                                                         in respect of the relevant items in the export declaration?
                         (Case C-382/03)
                                                                         (1) OJ L 351 of 14.12.1987, p. 1.
                         (2003/C 275/47)                                 (2) OJ L 310 of 3.12.1994, p. 57.
Reference has been made to the Court of Justice of the
European Communities by an order of the Supreme Court,
Ireland, dated 2 April 2003, which was received at the Court
Registry on 10 September 2003, for a preliminary ruling in
the case of Ryanair Ltd and Aer Rianta cpt on the following
questions:                                                               Action brought on 5 September 2003 by the Kingdom of
                                                                         the Netherlands against the Commission of the European
A.    Is an airport check-in desk an ‘airport installation’ within                                   Communities
      the meaning of Article 16 (3) of the Directive (1)?
B.    If the answer to A is in the affirmative, is a rent charged                                   (Case C-388/03)
      for the exclusive right to occupy a particular check-in
      desk for a period of one year or greater a fee for access to                                 (2003/C 275/49)
      airport installations within the meaning of Article 16 (3)
      of the Directive?
(1) Council Directive 96/67/EC of 15 October 1996 on access to           An action against the Commission was brought before the
    the groundhandling market at Community airports OJ L 272,            Court of Justice of the European Communities on 5 September
    25.10.1996, p. 36-45.                                                2003 by the Kingdom of the Netherlands, represented by
                                                                         H.G. Sevenster, Head of the European Law Division of the
                                                                         Ministry of Foreign Affairs in The Hague.