CELEX: C2003/213/22
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-272/03: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 13 May 2003 in the proceedings between Hauptzollamt Neubrandenburg and Jens Christian Siig, trading as "Internationale Transport" Export-Import

6.9.2003                 EN                           Official Journal of the European Union                                          C 213/13
       value of the product/service, the size of the market for               a view to being transported subsequently by another road
       the product/service or the effect of a new national                    tractor to the consignee of the goods, who is established
       provision on use, which could be either a total prohibition            outside the customs territory of the Community?
       on use or prohibition or restriction within one of many
       possible areas of use?
                                                                              (1 ) OJ L 253 of 11.10.1993, p. 1.
( 1) of 28 March 1983 laying down a procedure for the provision of
     information in the field of technical standards and regulations (OJ
     L 109 of 26.04.1983, p. 8).
( 2) of 22 March 1988 amending Directive 83/189/EEC laying down
     a procedure for the provision of information in the field of
     technical standards and regulations (OJ L 81 of 26.03.1988,
     p. 75).
                                                                              Action brought on 25 June 2003 by the Commission
( 3) of 23 March 1994 materially amending for the second time
     Directive 83/189/EEC laying down a procedure for the provision
                                                                              of the European Communities against the Portuguese
     of information in the field of technical standards and regulations                                      Republic
     (OJ L 100 of 19.04.1994, p. 30).
                                                                                                         (Case C-275/03)
                                                                                                         (2003/C 213/23)
                                                                              An action against the Portuguese Republic was brought before
                                                                              the Court of Justice of the European Communities on 25 June
                                                                              2003 by the Commission of the European Communities,
                                                                              represented by António Caeiros and Klaus Wiedner, acting as
Reference for a preliminary ruling by the Bundesfinanz-                       Agents.
hof by order of that Court of 13 May 2003 in the
proceedings between Hauptzollamt Neubrandenburg and
Jens Christian Siig, trading as ‘Internationale Transport’                    The applicant claims that the Court should:
                            Export-Import
                                                                              —     Declare that, by failing to transpose correctly and com-
                                                                                    pletely Council Directive 89/665/EEC of 21 December
                           (Case C-272/03)                                          1989 on the coordination of the laws, regulations and
                                                                                    administrative provisions relating to the application of
                                                                                    review procedures to the award of public supply and
                                                                                    public works contracts (1), the Portuguese Republic has
                           (2003/C 213/22)                                          failed to fulfil its obligations under Community law;
                                                                              —     Order the Portuguese Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by order of the Bundesfinanzhof                          Pleas in law and main arguments
(Federal Finance Court) of 13 May 2003, received at the Court
Registry on 24 June 2003, for a preliminary ruling in the
proceedings between Hauptzollamt Neubrandenburg and Jens                      Portuguese law as it stands makes the award of damages for
Christian Siig, trading as ‘Internationale Transport’ Export-                 infringements of Community law in the field of public
Import on the following question:                                             procurement or national rules implementing that law subject
                                                                              to proof, by the person harmed by the infringment, that the
                                                                              misconduct of the State or of the public body was culpably or
                                                                              maliciously intended by the relevant body or office holders or
Is Article 718(3)(d) in conjunction with Article 670(p) of                    administrative officials. Such evidence can be extremely diffi-
Regulation (EEC) No 2454/93 ( 1) to be interpreted as meaning                 cult or impossible to produce. The difficulty or impossibility
that that regulation prohibits the use of a road tractor                      of producing such evidence may result in persons harmed by
registered outside the customs territory of the Community to                  an infringement not obtaining the compensation to which
transport a semi-trailer from a place within the customs                      they are entitled. It is therefore clear that that obligation, not
territory of the Community, where the semi-trailer is loaded                  provided for by Directive 89/665, on persons who have
with goods, to another place within the customs territory of                  suffered damage is likely to undermine the effectiveness of
the Community, where the semi-trailer is merely parked with                   Article 2(1)(c) of that directive.