CELEX: C2000/176/19
Language: en
Date: 2000-06-24 00:00:00
Title: Case C-138/00: Reference for a preliminary ruling by the Verwaltungsgerichtshof, Vienna, by order of that court of 30 March 2000 in the case of (1) Solida Raiffeisen Immobilien Leasing GmbH and (2) Tech Gate Vienna Wissenschafts- und Technologiepark GmbH against Finanzlandesdirektion für Wien, Niederösterreich und Burgenland

24.6.2000               EN                      Official Journal of the European Communities                                      C 176/11
2. Does the function of the target price for milk set by the               Reference for a preliminary ruling by the Verwaltungsge-
     Council under Regulation (EEC) No 804/68 preclude a                   richtshof, Vienna, by order of that court of 30 March
     Member State from:                                                    2000 in the case of (1) Solida Raiffeisen Immobilien
                                                                           Leasing GmbH and (2) Tech Gate Vienna Wissenschafts-
                                                                           und Technologiepark GmbH against Finanzlandesdirek-
     (a) making use of the target price as an indicator of                      tion für Wien, Niederösterreich und Burgenland
          the actual price movements due to the common
          agricultural policy; and
                                                                                                     (Case C-138/00)
     (b) treating the fact that a milk producers’ co-operative in
          that State has achieved for its members milk prices                                        (2000/C 176/19)
          that are below the target price, but are nearer to the
          target price in one period of time than another, as
          supporting a conclusion that the co-operative exercises          Reference has been made to the Court of Justice of the
          market power which contributes to prices being higher            European Communities by order of the Verwaltungsgerichts-
          than they would have reached under more competitive              hof (Higher Administrative Court, Vienna) of 30 March 2000,
          conditions.                                                      received at the Court Registry on 10 April 2000, for a
                                                                           preliminary ruling in the case of (1) Solida Raiffeisen Immobi-
3. Are Articles 28 to 30, EC (ex Articles 30, 34 and 36) and               lien Leasing GmbH and (2) Tech Gate Vienna Wissenschafts-
     Articles 49 and 55 (ex Articles 59 and 66) to be interpreted          und Technologiepark GmbH v Finanzlandesdirektion für
     as precluding a Member State from applying national laws              Wien, Niederdösterreich und Burgenland (Tax Board for
     such as the Fair Trading Act 1973 and the Competition                 Vienna, Lower Austria and Burgenland) on the following
     Act 1998 in such a way as to prohibit a milk producers’               question:
     co-operative which has been found to enjoy market power
     from sending milk produced by its members to be
                                                                           ‘Do payments which a non-member of a capital company
     processed by contractors on its behalf, including in other
                                                                           makes to the company for the acquisition of dividend rights
     Member States, as a step being taken by the co-operative
                                                                           constitute “assets of any kind contributed or to be contributed
     for the purpose of exploiting its position in the market in
                                                                           by the members” within the meaning of Article 5(1)(a) of
     its favour?
                                                                           Council Directive 69/335/EEC of 17 July concerning indirect
                                                                           taxes on the raising of capital (1)?’
4. Where large vertically-integrated dairy co-operatives exist
     and are permitted to operate in other Member States,
     is the general principle of non-discrimination, whether               (1) OJ, English Special Edition 1969 (II), p. 412.
     independently or as given specific effect in Articles 12
     and/or 34 EC (ex Articles 6 and 40), to be interpreted as
     precluding a Member State from applying national laws
     such as the Fair Trading Act 1973 and the Competition
     Act 1998 to prohibit a milk producers’ co-operative which
     has been found to enjoy market power from:
     (a) acquiring or building further plant for the processing
          of milk produced by its members, which would give
          the co-operative the ability to exploit still further its        Action brought on 12 April 2000 by the Commission of
          position in the market in its favour; or                         the European Communities against the United Kingdom
                                                                                       of Great Britain and Northern Ireland
     (b) sending milk produced by its members to be processed
          by contractors on its behalf, whether within the                                           (Case C-140/00)
          Member State concerned or in other Member States, as
          a step being taken by the co-operative for the purpose
          of exploiting its position in the market in its favour?                                    (2000/C 176/20)
                                                                           An action against the United Kingdom of Great Britain and
(1) EEC Council: Regulation No 26 applying certain rules of compe-         Northern Ireland was brought before the Court of Justice
    tition to production of and trade in agricultural products (OJ 30,     of the European Communities on 12 April 2000 by the
    20.04.62, p. 993 [SE SER1 (59-62) p. 129]).                            Commission of the European Communities, represented by
(2) Regulation (EEC) No 804/68 of the Council of 27 June 1968 on
    the common organisation of the market in milk and milk products
                                                                           Thomas van Rijn, Legal Adviser, and Keir Fitch, an official
    (OJ L 148, 28.6.68, p. 13 [SE SER1 68(I) p. 176]).                     seconded to the Commission’s Legal Service under the arrange-
                                                                           ment for the exchange of national officials, acting as Agents,
                                                                           with an address for service in Luxembourg at the office of
                                                                           Carlos Gómez de la Cruz, member of the Legal Service of the
                                                                           Commission, Centre Wagner.