CELEX: C1998/007/17
Language: en
Date: 1998-01-10 00:00:00
Title: Reference for a preliminary ruling by the Bundesverwaltungsgericht by order of that court of 16 September 1997 in the case of Bezirksregierung Lüneburg against Karl-Heinz Wettwer (Case C-376/97)

C 7/8                 EN                 Official Journal of the European Communities                                 10. 1. 98
Reference for a preliminary ruling by the Bayerische                of 16 September 1997, received at the Court Registry on
Verwaltungsgerichtshof by order of that court of                    4 November 1997, for a preliminary ruling in the case of
20 October 1997 in the case of Anton Feyrer against                 Bezirksregierung Lüneburg (Lüneburg District Authority)
Landkreis Rottal-Inn (also party: Landesanwaltschaft                v. Karl-Heinz Wettwer on the following question
       Bayern as representative of the public interest)             concering Regulation (EEC) No 805/68 (1) as amended by
                        (Case C-374/97)                             Regulation (EEC) No 571/89 (2) and Regulations (EEC)
                                                                    No 572/89 (3) and (EEC) No 719/89 (4):
                           (98/C 7/16)
                                                                    Is entitlement to a beef and veal producers' special
Reference has been made to the Court of Justice of the
                                                                    premium for the year 1991 transferred to a producer to
European Communities by order of the Bayerische
                                                                    whom, during the compulsory stock holding period, the
Verwaltungsgerichtshof (Bavarian Administrative Court)
                                                                    applicant transferred his agricultural holding by way of
of 20 October 1997, received at the Court Registry on
                                                                    anticipated succession and who carried out the prescribed
3 November 1997, for a preliminary ruling in the case of
                                                                    holding and fattening of the bovine animals in question?
Anton Feyrer v. Landkreis Rottal-Inn, represented by the
Landrat (also party: Landesanwaltschaft Bayern as
representative of the public interest) on the following             (1 ) OJ, English Special Edition 1968 (I) p. 187.
questions:                                                          (2 ) OJ L 61, 4. 3. 1989, p. 43.
                                                                    (3 ) OJ L 63, 7. 3. 1989, p. 1.
                                                                    (4 ) OJ L 79, 21. 3. 1989, p. 9.
1. Can an individual oppose the collection of fees higher
    than the standard amounts listed in point 1 of the
    Annex relating to Article 2 (1) of Council Directive
    85/73/EEC (1) as amended by Council Directive 93/
    118/EC (2) where the Member State has not
    transposed Directive 93/118/EC into national law
    within the prescribed period?                                   Action brought on 4 November 1997 by the Commission
                                                                    of the European Communities against the Hellenic
2. Can a Member State collect fees higher than the                                                Republic
    standard amounts in reliance in point 4 (b) of the
    Annex relating to Article 2 (1) of Council Directive                                     (Case C-377/97)
    85/73/EEC as amended by Directive 93/118/EC                                                 (98/C 7/18)
    provided that the fees levied do not exceed the actual
    costs, no further conditions being imposed?
                                                                    An action against the Hellenic Republic was brought
3. Is the authorization given to Member States under                before the Court of Justice of the European Communities
    Article 2 (3) of Council Directive 85/73/EEC as                 on 4 November 1997 by the Commission of the European
    amended by Directive 93/118/EEC to collect an                   Communities, represented by Maria Kondou-Durande, of
    amount exceeding the Community fees dependent on                its Legal Service, with an address for service in
    the total fee collected in the Member State as a whole          Luxembourg at the office of Carlos Gómez de la Cruz, of
    and the actual inspection costs in the Member State as          its Legal Service, Wagner Centre, Kirchberg.
    a whole or is it sufficient, when the Member State has
    delegated authorization to collect the fees to the local
    authorities, that the total fee collected by the local          The applicant claims that the Court should:
    authority is not greater than the actual inspection
    costs of that authority?
                                                                    Ð declare that, by not adopting within the prescribed
(1) OJ L 32, 5. 2. 1985, p. 14.                                          period the laws, regulations and administrative
(2) OJ L 340, 31. 12. 1993, p. 15.                                       provisions necessary to implement Council Directive
                                                                         93/120/EC (1) of 22 December 1993 amending
                                                                         Directive 90/539/EEC (2) on animal health conditions
                                                                         governing intra-Community trade in and imports from
                                                                         third countries of poultry and hatching eggs, the
                                                                         Hellenic Republic has failed to fulfil its obligations
Reference      for    a      preliminary  ruling    by    the            under the Treaty and that Directive,
Bundesverwaltungsgericht by order of that court of
16 September 1997 in the case of Bezirksregierung
           Lüneburg against Karl-Heinz Wettwer                      Ð order the Hellenic Republic to pay the costs.
                        (Case C-376/97)
                           (98/C 7/17)                              Pleas in law and main arguments adduced in support:
Reference has been made to the Court of Justice of                  The time limit for implementation of Directive 93/120/EC
the European Communities by order of the                            expired on 1 January 1995. The Commission notes that
Bundesverwaltungsgericht (Federal Administrative Court)             the Hellenic Republic still has not adopted the appropriate