CELEX: C1997/370/04
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 28 August 1997 in the case of Landesgrundverkehrsreferent der Tiroler Landesregierung v. (1) Beck Liegenschaftsverwaltungsgesellschaft mbH and (2) Bergdorf Wohnbau Gesellschaft mbH in liquidation, Dr Karl Hacker intervening (Case C-355/97)

6 . 12 . 97              EN                  Official Journal of the European Communities                                       C 370/3
of applicable Community law to be interpreted as                        Reference for a preliminary ruling by the Finanzgericht
preventing a Member State from restricting the transport                Miinchen by order of that court of 17 September 1997 in
of animals for slaughter in that animals may be                         the case of Molkereigenossenschaft Wiedergeltingen eG v.
transported for slaughter only as far as the nearest suitable                                   Hauptzollamt Lindau
abattoir in that State, and may be transported for                                                (Case C-356/97)
slaughter in any event only if the provisions of law
regarding motor vehicles and traffic regulation are                                                 ( 97/C 370/05 )
observed and a total journey time of six hours and a
distance of 130 kilometres are not exceeded, whereby, in                Reference has been made to the Court of Justice of the
calculating the distance, account is taken of only half of              European Communities by order of the Finanzgericht
the kilometres actually travelled on a motorway ?                       Miinchen ( Finance Court, Munich ) of 17 September 1997,
                                                                        received at the Court Registry on 16 October 1997, for a
                                                                        preliminary ruling in the case of Molkereigenossenschaft
                                                                        Wiedergeltingen eG v. Hauptzollamt ( Principal Customs
                                                                        Office ) Lindau on the following question :
                                                                        is the second subparagraph of Article 3 ( 2 ) of Commission
Reference for a preliminary ruling from the Oberster                    Regulation ( EEC) No 536/93 of 9 March 1993 ( OJ L 57,
Gerichtshof, Austria, by order of that court of 28 August               10 . 3 . 1993 , p. 12 ), relating to the imposition of penalties
1997 in the case of Landesgrundverkehrsreferent der                     on dairies ( purchasers of milk ), valid ?
Tiroler Landesregierung v. ( 1 ) Beck Liegenschaftsverwal­
tungsgesellschaft mbH and (2 ) Bergdorf Wohnbau
Gesellschaft mbH in liquidation, Dr Karl Hacker
                               intervening
                          ( Case C-355 /97 )                            Action brought on 21 October 1997 by the Commission
                                                                                 of the European Communities against Ireland
                            ( 97/C 370/04 )
                                                                                                  ( Case C-357/97 )
                                                                                                    ( 97/C 370/06 )
Reference has been made to the Court of Justice of the
European Communities by an order of the Oberster                        An action against Ireland was brought before the Court of
Gerichtshof ( Supreme Court ), Austria , of 28 August 1997,             Justice of the European Communities on 21 October 1997
which was received at the Court Registry on 15 October                  by the Commission of the European Communities,
1997, for a preliminary ruling in the case of Landesgrund­              represented by Mr Pieter Jan Kuijper, legal adviser, acting
verkehrsreferent der Tiroler Landesregierung v. ( 1 ) Beck              as agent, with an address for service in Luxembourg at the
Liegenschaftsverwaltungsgesellschaft mbH and ( 2 ) Bergdorf             office of Mr Carlos Gomez de la Cruz, a member of its
Wohnbau Gesellschaft mbH in liquidation, Dr Karl                        Legal Service , Centre Wagner, Luxembourg.
Hacker intervening, on the following question:
                                                                        The applicant claims that the Court should :
is Article 70 of the Act concerning the conditions of                   a ) find that Ireland has failed to fulfil its obligations
accession of the Republic of Austria, the Republic of                        under the EC Treaty by failing to adopt the laws,
Finland and the Kingdom of Sweden and the adjustments                        regulations or administrative provisions necessary to
to the Treaties on which the European Union is                               comply with Council Directive 92/29 (') of 31 March
founded ('), which provides that notwithstanding the                         1992 concerning the minimum safety and health
obligations under the treaties on which the European                         requirements for improved medical treatment on
Union is founded the Republic of Austria may maintain its                    board vessels and/or by failing to inform the
existing legislation regarding secondary residences for five                 Commission thereof; and
years from the date of accession (1 January 1995 ),
to be interpreted as meaning that the transitional                      b ) condemn Ireland to bear the costs of the procedure .
provisions in Paragraph 40 ( 2 ) and ( 5 ) of the Tiroler
Grundverkehrsgesetz 1996 ( Landesgesetzblatt fur Tirol                  Pleas in law and main arguments adduced in support:
No 61 /1996 ), which entered into force on 1 October
1996 , fall within the definition of existing legislation,              Article 189 of the EC Treaty, under which a directive shall
or are those provisions to be regarded as new                           be binding, as to the result to be achieved, upon each
legislation if, as a result of decisions of the Austrian                Member State, carries by implication an obligation on the
Verfassungsgerichtshof, the provisions of previous Tirol                Member States to observe the period for compliance laid
laws on the sale of land were not applicable in the                     down in the directive . That period expired on
present case ?                                                          31 December 1994 without Ireland having enacted the
                                                                        provisions necessary to comply with the directive referred
                                                                        to in the conclusions of the Commission .
(') OJ C 241 , 29 . 8 . 1994 , p . 1 .
                                                                        (') OJ L 113 , 30 . 4 . 1992 , p . 19 .