CELEX: C2001/150/28
Language: en
Date: 2001-05-19 00:00:00
Title: Case C-123/01: Reference for a preliminary ruling by the Unabhängiger Verwaltungssenat Salzburg by order of that court of 12 March 2001 in the appeal concerning (1) Dr Karl Friedrich Strobl, (2) the Mayor of Salzburg, and (3) the land transfer agent of the Land of Salzburg

19.5.2001             EN                      Official Journal of the European Communities                                        C 150/15
—     Disregard of the principle of legality, of the duty to give a      Action brought on 19 March 2001 by the Commission of
      statement of reasons and of the audi alteram partem rule,          the European Communities against the Hellenic Republic
      on account of the acceptance of documents drawn up
      after the adoption of the contested decision.
—     Failure to have regard to the obligation to provide a                                        (Case C-127/01)
      statement of reasons and violation of the effects attaching
      to a vacancy notice: the factual assessment carried out by
      the Court of First Instance concerning the qualifications
      and experience of Mr L.V. results in an error of law                                         (2001/C 150/29)
      consisting of the attribution to him of qualifications
      corresponding to the requirements of the vacancy notice.
      Thus, the Court of First Instance disregarded the effects          An action against the Hellenic Republic was brought before
      arising from a notice of vacancy.                                  the Court of Justice of the European Communities on 19 March
                                                                         2001 by the Commission of the European Communities,
—     Failure to have regard to the notion of misuse of powers.          represented by Marie Wolfcarius, Legal Adviser, and Maria
                                                                         Patakia, of its Legal Service.
—     Failure to have regard to Articles 7 and 27 of the Staff
      Regulations and to the principle of non-discrimination:
      since Mr L.V. did not possess the appropriate qualifi-
      cations, he was in any event incapable of being compared           The Commission claims that the Court should:
      with other candidates who did.
—     Failure to have regard to the principle of sound manage-           —     declare that, by failing to adopt and to notify to the
      ment and proper administration, and breach of the                        Commission, within the time-limit laid down, the laws,
      obligation to provide a statement of reasons.                            regulations and administrative provisions necessary to
                                                                               comply fully with Council Directive 98/76/EC of 1 Octo-
                                                                               ber 1998 (1) amending Directive 96/26/EC on admission
                                                                               to the occupation of road haulage operator and road
                                                                               passenger transport operator and mutual recognition
                                                                               of diplomas, certificates and other evidence of formal
                                                                               qualifications intended to facilitate for these operators
Reference for a preliminary ruling by the Unabhängiger                         the right to freedom of establishment in national and
Verwaltungssenat Salzburg by order of that court of 12                         international transport operations, the Hellenic Republic
March 2001 in the appeal concerning (1) Dr Karl Friedrich                      has failed to fulfil its obligations under the EC Treaty;
Strobl, (2) the Mayor of Salzburg, and (3) the land transfer
                 agent of the Land of Salzburg
                                                                         —     order the Hellenic Republic to pay the costs.
                        (Case C-123/01)
                        (2001/C 150/28)
                                                                         Pleas in law and main arguments
Reference has been made to the Court of Justice of the
European Communities by order of the Unabhängiger Verwal-
tungssenat Salzburg of 12 March 2001, received at the Court
Registry on 19 March 2001, for a preliminary ruling in the               The Member States are required by the binding character of
appeal concerning (1) Dr Karl Friedrich Strobl, (2) the Mayor            the third paragraph of Article 249 EC and Article 10 EC to
of Salzburg, and (3) the land transfer agent of the Land of              adopt the measures needed to transpose directives into national
Salzburg on the following question:                                      law before the expiry of the time-limit laid down for that
                                                                         purpose and to communicate those measures immediately to
Are the provisions of Article 56 et seq. of the EC Treaty to be          the Commission. That time-limit expired on 1 October
interpreted as precluding the application of Paragraphs 12, 36           1999 without the Hellenic Republic having notified to the
and 43 of the Salzburger Grundverkehrsgesetz (Salzburg Land              Commission the provisions transposing the directive in ques-
Transfer Law) of 1997 in the version published in LGB1.                  tion into national law.
No. 11/1999, whereby any person who wishes to acquire a
building plot in the federal Land of Salzburg must comply
with a notification or authorisation procedure in respect of the
acquisition of that plot, with the consequence that one of the           (1) OJ L 277 of 14.10.1998.
fundamental freedoms of the acquirer of title as guaranteed by
the laws of the European Union has been infringed in this
case?