CELEX: C2004/071/14
Language: en
Date: 2004-03-20 00:00:00
Title: Case C-13/04: Action brought on 16 January 2004 by the Commission of the European Communities against the Republic of Finland

C 71/10                EN                         Official Journal of the European Union                                          20.3.2004
Reference for a preliminary ruling by the Bundesgerichts-                 Pleas in law and main arguments
hof by order of that Court of 27 November 2003 in
respect of the opening of insolvency proceedings against
                                                                          The period allowed for implementing the directive ended on
                  Susanne Staubitz-Schreiber
                                                                          30 June 1996. The Republic of Finland has not enacted
                                                                          national legislation in a manner ensuring legal certainty and
                          (Case C-1/04)                                   clarity as regards the second subparagraph of Article 7(1) of
                                                                          Council Directive 94/62/EC on packaging and packaging waste
                                                                          and has not ensured that the above obligation is applied in
                         (2004/C 71/13)                                   practice.
                                                                          (1) European Parliament and Council Directive 94/62/EC of
                                                                              20 December 1994 on packaging and packaging waste, OJ L 365
Reference has been made to the Court of Justice of the                        of 31.12.1994, p. 10.
European Communities by order of the Bundesgerichtshof
(Federal Court of Justice) of 27 November 2003, received at
the Court Registry on 2 January 2004, for a preliminary ruling
in respect of the opening of insolvency proceedings against
Susanne Staubitz-Schreiber on the following question:
                                                                          Reference for a preliminary ruling by the Dioikitiko
                                                                          Protodikeio Athens by order of that Court of 30 Septem-
Does the court of the Member State which receives a request
                                                                          ber 2003 in the case of Sphakianakis AEBE against
for the opening of insolvency proceedings still have jurisdiction
                                                                                                   Hellenic Republic
to open insolvency proceedings if the debtor moves the centre
of his or her main interests to the territory of another Member
State after filing the request but before the proceedings are                                        (Case C-23/04)
opened, or does the court of that other Member State acquire
jurisdiction?                                                                                        (2004/C 71/15)
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by order of the Dioikitiko Protodikeio
                                                                          Athens (Administrative Court of First Instance, Athens) of
                                                                          30 September 2003, received at the Court Registry on
                                                                          26 January 2004, for a preliminary ruling in the case of
Action brought on 16 January 2004 by the Commission                       Sphakianakis AEBE against Hellenic Republic on the following
of the European Communities against the Republic of                       questions:
                             Finland
                                                                          1.    Does Article 31(2) of Protocol 4 (appended to the
                                                                                Europe agreement establishing an association between
                         (Case C-13/04)                                         the European Communities and their Member States, of
                                                                                the one part, and the Republic of Hungary, of the other
                                                                                part) impose an obligation of mutual cooperation on the
                         (2004/C 71/14)                                         customs authorities of the Member State of importation
                                                                                to take into account decisions of the Hungarian courts
                                                                                concerning the validity of the investigations carried
                                                                                out by the authorities of the exporting State into the
An action against the Republic of Finland was brought                           correctness of the EUR.1 certificate in light of the fact
before the Court of Justice of the European Communities on                      that:
16 January 2004 by the Commission of the European
Communities, represented by M. Konstantinidis and P. Aalto,                     (a)   the Hungarian authorities duly informed the cus-
acting as Agents, with an address for service in Luxembourg.                          toms authorities of the importing State concerning
                                                                                      the results of the investigation initially carried
                                                                                      out concerning the inaccuracy of certain export
The Commission claims that the Court should:                                          certificates, stressing none the less that the validity
                                                                                      of the investigation formed the subject matter of
                                                                                      proceedings pending before the Hungarian courts
1.    Declare that the Republic of Finland has failed to enact                        and
      national legislation in a manner ensuring legal certainty
      and clarity as regards the second subparagraph of                         (b) the Hungarian authorities officially communicated
      Article 7(1) of Council Directive 94/62/EC on packaging                         to the customs authorities of the importing State the
      and packaging waste (1) and has failed to ensure that the                       outcome of those proceedings, that is to say the
      above obligation is applied in practice;                                        decisions of the abovementioned courts whereby it
                                                                                      was finally ascertained that a number of EUR.1
2.    Order the Republic of Finland to pay the costs.                                 certificates were accurate;