CELEX: C1997/331/21
Language: en
Date: 1997-11-01 00:00:00
Title: Reference for a preliminary ruling from the Oberlandesgericht Wien by order of that court of 1 September 1997 in the case of Verein zur Förderung des freien Wettbewerbs im Medienwesen v. Heinrich Bauer Spezialzeitschriften Verlag KG (Case C-314/97)

C 331/12              r EN                    Official Journal of the European Communities                                      1 . 11 . 97
The applicant claims that the Court should:                              Appeal brought on 12 September 1997 against the
                                                                         judgment delivered on 9 July 1997 by the Fourth
                                                                         Chamber of the Court of First Instance of the European
— declare that, by failing to adopt and/or communicate                   Communities in Case T- 156/95 between Diego Echauz
     the laws, regulations and administrative provisions                 Brigaldi, José Luis Buendia Sierra, César Montoliu Garcia,
     necessary to comply with Council Directive 94/5 7/EC                María Jesús Ruiz Monroy, Carmen Ochoa de Michelena,
     of 22 November 1994 (') on common rules and                         Victoria Pagadigorria Wicke, Miguel Abellán López,
     standards for ship inspection and survey organizations              Inmaculada Gil Tardón, Antonio García Velázquez, María
     and     for    the     relevant   activities   of    maritime       Carmen Labrador Rubio, Carmen Casado Salinas, Diego
     administrations, the Italian Republic has failed to fulfil          González Marín, Eva María Rasines Martín, Julio
     its obligations under that directive and under the                  Vizcarra Soriano and Leopoldo Fabra Utray and
     Treaty,                                                                       Commission of the European Communities
                                                                                                   ( Case C-315/97 P)
— order the Italian Republic to pay the costs.                                                        ( 97/C 331/22 )
                                                                         An appeal against the judgment delivered on 9 July 1997
Pleas in law and main arguments adduced in support:                      by the Fourth Chamber of the Court of First Instance of
                                                                         the European Communities in Case T-156/95 between
                                                                         Diego Echauz Brigaldi, Jose Luis Buendia Sierra, Cesar
Article 189 of the EC Treaty, whereby a directive is                     Montoliu Garcia, Maria Jesus Ruiz Monroy, Carmen
binding upon each Member State to which it is addressed                  Ochoa de Michelena, Victoria Pagadigorria Wicke, Miguel
as to the result to be achieved, requires Member States to               Abellan Lopez, Inmaculada Gil Tardón, Antonio Garcia
comply with the time-limits for transposition laid down in               Velazquez, Maria Carmen Labrador Rubio, Carmen
the directive . In respect of the directive cited in the                 Casado Salinas, Diego Gonzalez Marin, Eva Maria
Commission's pleadings, that time-limit expired on                       Rasines Martin, Julio Vizcarra Soriano and Leopoldo
31 December 1995 without the Italian Republic having                     Fabra Utray and the Commission of the European
taken the necessary measures to comply.                                  Communities was brought before the Court of Justice of
                                                                         the European Communities on 12 September 1997 by
(') OJ L 319 , 12 . 12 . 1994, p. 20.                                    Diego Echauz Brigaldi, Cesar Montoliu Garcia, Maria
                                                                         Jesus Ruiz Monroy, Carmen Ochoa de Michelena, Maria
                                                                         Carmen Labrador Rubio, and Leopoldo Fabray Utray,
                                                                         represented by Ramon Garcia-Gallardo, Abogado, with an
                                                                         address for service in Brussels at the Chambers of J. and
                                                                         B. Cremades and Associates, 391 Avenue Louise, Brussels
                                                                         B-1050 .
Reference for a preliminary ruling from the                              The appellant claims that the Court should:
Oberlandesgericht Wien by order of that court of
1 September 1997 in the case of Verein zur Förderung des                 — declare the present appeal brought by the above
freien Wettbewerbs im Medienwesen v. Heinrich Bauer                          officials to be admissible and well-founded,
                 Spezialzeitschriften Verlag KG
                                                                         — set aside the judgment of the CFI of 9 July 1997 in
                          (Case C-3 14/97)                                    Case T-156/95 ('),
                            ( 97/C 331/21 )                              — order the Commission of the European Communities
                                                                             to pay the costs .
Reference has been made to the Court of Justice                          Pleas in law and main arguments adduced in support:
of the European Communities by an order of the                           — Manifest error of interpretation and application of the
Oberlandesgericht Wien (Higher Regional Court, Vienna )                       Community legislation in force, specifically of opinion
of 1 September 1997, which was received at the Court                         201 /92 of the Board of Heads of Administration
Registry on 11 September 1997, for a preliminary ruling                       ( applied by way of the Commission's internal circular
in the case of Verein zur Forderung des freien Wettbewerbs                    of 24 January 1992 ), of Article 128 ( b ) of the Protocol
im Medienwesen v. Heinrich Bauer Spezialzeitschriften                         on Privileges and Immunities of the European
Verlag KG on the following question :                                         Communities         and     of  Article 20 of   the    Staff
                                                                              Regulations of Officials of the European Communities :
                                                                             the Court of First Instance has not taken account of
Is Article 30 of the EC Treaty to be interpreted as
                                                                             the fact that an official who legitimately wishes to
precluding application of legislation of Member State A                       maintain his official residence in Spain has no choice
prohibiting an undertaking established in Member State B                      but to travel to his country of origin in order to
from selling in Member State A a periodically published                      exercise his right to vote .
magazine produced in Member State B if it contains prize
puzzles or competitions which are lawfully organized in                  — Discrimination.
Member State B ?
                                                                         (') OJ C 252 , 16 . 8 . 1997, p. 27.