CELEX: C2003/158/13
Language: en
Date: 2003-07-05 00:00:00
Title: Case C-152/03: Reference for a preliminary ruling by the Bundesfinanzhof by order of that Court of 13 November 2002 in the case of Hans-Jürgen and Monique Ritter-Coulais against Finanzamt Gersheim

C 158/8                    EN                         Official Journal of the European Union                                               5.7.2003
1.    Declares that by failing to adopt, within the prescribed period,              of ionising radiation in relation to medical exposure, and
      the laws, regulations and administrative provisions necessary to              repealing Directive 84/466/Euratom, the French Republic has
      comply with Council Directive 96/29/Euratom of 13 May                         failed to fulfil its obligations under that directive;
      1996 laying down basic safety standards for the protection of
      the health of workers and the general public against the dangers        2.    Orders the French Republic to pay the costs.
      arising from ionising radiation, the French Republic has failed
      to fulfil its obligations under that directive;
                                                                              (1 ) OJ C 84 of 6.4.2002.
2.    Orders the French Republic to pay the costs.
( 1) OJ C 84 of 6.4.2002.
                                                                              Reference for a preliminary ruling by the Bundesfinanz-
                                                                              hof by order of that Court of 13 November 2002 in the
                                                                              case of Hans-Jürgen and Monique Ritter-Coulais against
                                                                                                        Finanzamt Gersheim
                    JUDGMENT OF THE COURT                                                                  (Case C-152/03)
                            (Fourth Chamber)                                                               (2003/C 158/13)
                             of 15 May 2003
                                                                              Reference has been made to the Court of Justice of the
in Case C-484/01: Commission of the European Communi-                         European Communities by order of the Bundesfinanzhof
                        ties v French Republic ( 1)                           (Federal Tax Court) of 13 November 2002, received at the
                                                                              Court Registry on 2 April 2003, for a preliminary ruling in
(Failure of a Member State to fulfil obligations — Directive                  the case of Hans-Jürgen and Monique Ritter-Coulais against
97/43/Euratom — Health protection of individuals against                      Finanzamt Gersheim on the following questions:
the dangers of ionising radiation in relation to medical
                                                                              1.    Is it contrary to Article 43 and Article 56 of the
            exposure — Incomplete implementation)
                                                                                    Treaty establishing the European Community if, when
                                                                                    determining his taxable income, a natural person who
                             (2003/C 158/12)                                        has full tax liability in Germany and who receives
                                                                                    employment income there is not allowed to deduct in
                       (Language of the case: French)                               Germany losses incurred in another Member State from
                                                                                    leasing and letting property?
(Provisional translation; the definitive translation will be published        2.    If that question is answered in the negative: is it contrary
                      in the European Court Reports)                                to Article 43 and Article 56 of the Treaty establishing the
                                                                                    European Community if such losses cannot be taken into
                                                                                    account for the purposes of the negative tax progression
                                                                                    clause (negativer Progressionsvorbehalt)?
In Case C-484/01, Commission of the European Communities
(Agent: R. Tricot) v French Republic (Agents: G. de Bergues
and C. Isidoro): Application for a declaration that by failing to
adopt and, in any event, by failing to communicate to
the Commission the laws, regulations and administrative
provisions necessary to comply with Council Directive 97/43/
Euratom of 30 June 1997 on health protection of individuals                   Action brought on 10 April 2003 by the Commission of
against the dangers of ionising radiation in relation to medical              the European Communities against the Hellenic Republic
exposure, and repealing Directive 84/466/Euratom (OJ 1997
L 180, p. 22), the French Republic has failed to fulfil its
obligations under that directive, the Court (Fourth Chamber),                                              (Case C-167/03)
composed of: C.W.A. Timmermans (Rapporteur), President of
the Chamber, D.A.O. Edward and A. La Pergola, Judges;                                                      (2003/C 158/14)
A. Tizzano, Advocate General; R. Grass, Registrar, has given a
judgment on 15 May 2003, in which it:
                                                                              An action against the Hellenic Republic was brought before
1.    Declares that by failing to adopt, within the prescribed period,        the Court of Justice of the European Communities on 10 April
      the laws, regulations and administrative provisions necessary to        2003 by the Commission of the European Communities,
      comply with Council Directive 97/43/Euratom of 30 June                  represented by M. Van Beek and M. Konstandinidi, of its Legal
      1997 on health protection of individuals against the dangers            Service.