CELEX: C1997/370/12
Language: en
Date: 1997-12-06 00:00:00
Title: Reference for a preliminary ruling from the Oberster Gerichtshof, Austria, by order of that court of 7 October 1997 in the case of Schutzverband gegen unlauteren Wettbewerb v. F. W. Woolworth Co. Gesellschaft mbH (Case C-369/97)

6. 12. 97             I EN I                 Official Journal of the European Communities                                      C 370/5
the European Communities, represented by B. J. Drijber,                 2 . order the Kingdom of Belgium to pay the costs .
acting as Agent, with an address for service in
Luxembourg at the office of C. Gomez de la Cruz, of the                 Pleas in law and main arguments adduced in support:
Legal Service, Wagner Centre, Kirchberg .
                                                                        These are analogous to those in Case C-367/97 ( 2 ).
The applicant claims that the Court should :
                                                                        (') OJ L 319 , 12 . 12 . 1994 , p. 20 .
                                                                        ( 2 ) See p. 4 of this Official Journal .
1 . declare that, by not laying down the laws, regulations
     and administrative provisions necessary in order to
     comply with Council Directive 94/5 7/EC (') of
     22 November 1994 on common rules and standards
     for ship inspection and survey organizations and for
     the relevant activities of maritime administrations, the
                                                                        Reference for a preliminary ruling from the Oberster
     Kingdom of the Netherlands has failed to fulfil its                Gerichtshof, Austria, by order of that court of 7 October
     obligations under this directive and under the EC                  1997 in the case of Schutzverband gegen unlauteren
     Treaty;                                                                 Wettbewerb v. F. W. Woolworth Co . Gesellschaft mbH
                                                                                                    ( Case C-369/97 )
2 . order the Kingdom of the Netherlands to pay the
     costs .                                                                                          ( 97/C 370/ 12 )
Pleas in law and main arguments adduced in support:                     Reference has been made to the Court of Justice of the
                                                                        European Communities by an order of the Forth Senate of
                                                                        the Oberster Gerichtshof ( Supreme Court ), Austria , of
Under the mandatory provisions of the third paragraph of                7 October 1997, which was received at the Court Registry
Article 189 and of the first paragraph of Article 5 of the
                                                                        on 27 October 1997, for a preliminary ruling in the case
EC Treaty, the Member States are required to lay down                   of Schutzverband gegen unlauteren Wettbewerb v. F. W.
the necessary rules in order to comply with directives                  Woolworth Co Gesellschaft mbH on the following
addressed to them before expiry of the period laid down                 question :
in those directives . In this case that period expired on
31 December 1995 without the Netherlands having laid
                                                                        does Article 30 of the EC Treaty preclude a provision
down the necessary provisions .
                                                                        which reserves the fitting and supplying of corrective
                                                                        spectacles and hence also the marketing of ready-made
(') OJ L 319 , 12 . 12 . 1994 , p . 20 .                                reading glasses to opticians who are permitted to exercise
                                                                        their craft trade only on providing proof of qualifications,
                                                                        if account is taken of the fact that
                                                                        ( a ) spectacles fitted by opticians are substantially more
                                                                               expensive than ready-made reading glasses and
Action brought on 24 October 1997 by the Commission                            opticians will therefore be more interested in sales of
of the European Communities against the Kingdom of                             glasses fitted by them that in selling ready-made
                                Belgium                                        reading glasses; and
                          ( Case C-368/97)
                                                                        ( b ) ready-made reading glasses come ( partly ) from abroad,
                            ( 97/C 370/ 11 )                                   whereas spectacles fitted by opticians form part of
                                                                               domestic production ?
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities
on 24 October 1997 by the Commission of the European
Communities, represented by B. J. Drijber, acting as
Agent, with an address for service in Luxembourg at the
office of C. Gomez de la Cruz, of the Legal Service,                    Reference for a preliminary ruling by the Tribunale Civile
Wagner Centre , Kirchberg.                                              e Penale di Venezia, First Chamber, by order of 7 October
                                                                        1997       in  the    case    of Cinzia    Gozza and Others v.
                                                                        ( 1 ) Università degli Studi di Padova; ( 2 ) Ministero
The applicant claims that the Court should:                             dell'Università e della Ricerca Scientifica e Tecnologica;
                                                                        ( 3 ) Ministero della Sanità; and ( 4 ) Ministero della
1 . declare that, by not laying down the laws, regulations                                        Pubblica Istruzione
     and administrative provisions necessary in order to                                            ( Case C-371/97 )
     comply with Council Directive 94/57/EC (') of
     22 November 1994 on common rules and standards                                                   ( 97/C 370/ 13 )
     for ship inspection and survey organizations and for
     the relevant activities of maritime administrations, the           Reference has been made to the Court of Justice of the
     Kingdom of Belgium has failed to fulfil its obligations            European Communities by order of 7 October 1997 from
     under this directive and under the EC Treaty;                      the Tribunale Civile e Penale di Venezia ( Civil and