CELEX: C1999/071/21
Language: en
Date: 1999-03-13 00:00:00
Title: Action brought on 18 December 1998 by the Commission of the European Communities against the Republic of Austria (Case C-475/98)

C 71/12               EN               Official Journal of the European Communities                               13.3.1999
Reference for a preliminary ruling by the Kammarrätten i          Action brought on 18 December 1998 by the Commission
Stockholm by order of that court of 17 December 1998 in           of the European Communities against the Republic of
   the case of Kemikalieinspektionen v Toolex Alpha AB                                        Austria
                       (Case C-473/98)                                                   (Case C-475/98)
                        (1999/C 71/19)                                                    (1999/C 71/21)
Reference has been made to the Court of Justice of the
European Communities by order of Kammarrätten i                   An action against the Republic of Austria was brought
Stockholm of 17 December 1998, received at the Court              before the Court of Justice of the European Communities
Registry on 21 December 1998, for a preliminary ruling in         on 18 December 1998 by the Commission of the
the case of Kemikalieinspektionen v Toolex Alpha AB on            European Communities, represented by Jörn Sack and
the following question:                                           Frank Benyon, Legal Advisers, acting as Agents, with an
                                                                  address for service in Luxembourg at the office of Carlos
                                                                  Gómez de la Cruz, of the European Commission's Legal
Having regard to its aim, is a prohibition against the            Service, Wagner Centre C 254, Kirchberg.
commercial use of trichloroethylene as described above a
measure which is compatible with Article 36 of the EC
Treaty and its application in Community law, even if it
                                                                  The applicant claims that the Court should:
contravenes Article 30 of the Treaty?
                                                                  1. Declare that, by having in 1995 individually
                                                                      negotiated, signed and entered into an Open Skies'
                                                                      agreement with the USA in the air-transport sector, the
                                                                      Republic of Austria acted in breach of its obligations
Reference for a preliminary ruling by the Tribunal                    under the EC Treaty, including Articles 5 and 52
Administratif de Lille (Fourth Chamber) by judgment of                thereof, and also contrary to the secondary law
that court of 19 November 1998 in the case of Clinique                adopted thereunder, in particular Council Regulation
GreÂgoire SA v Direction ReÂgionale des Impôts de                     (EEC) No 2407/92 (1) of 23 July 1992 on licensing of
                     Nord-Pas-de-Calais                               air carriers, Council Regulation (EEC) No 2408/92 (1)
                                                                      of 23 July 1992 on access for Community air carriers
                       (Case C-474/98)                                to intra-Community routes, Council Regulation (EEC)
                        (1999/C 71/20)                                No 2409/92 (1) of 23 July 1992 on fares and rates for
                                                                      air services, Council Regulation (EEC) No 2299/89 (2)
                                                                      of 24 July 1989, as amended by Regulation (EEC)
                                                                      No 3089/93 (3) of 29 October 1993, on a code of
Reference has been made to the Court of Justice of the                conduct for computerised reservation systems, and
European Communities by a judgment of the Fourth                      Council Regulation (EEC) No 95/93 (4) of 18 January
Chamber of the Tribunal Administratif (Administrative                 1993 on common rules for the allocation of slots at
Court), Lille, of 19 November 1998, which was received                Community airports;
at the Court Registry on 21 December 1998, for a
preliminary ruling in the case of Clinique GreÂgoire SA v
Direction ReÂgionale des Impôts de Nord-Pas-de-Calais, on
the following question:                                           2. In the alternative to part of the claim under (1),
                                                                      declare that:
Since they are regarded as reserving the exemption from
value added tax to transactions involving total human
                                                                      In so far as the 1995 agreement cannot be regarded as
blood, are the provisions of Article 261 of the General
Tax Code compatible with the objectives laid down in                  having radically amended and thus replaced
Article 13(A)(1)(d) of the Sixth Council Directive                    agreements previously concluded, the Republic of
77/388/EEC (1) which provides that ¼ Member States                   Austria failed to comply with its obligations under
shall exempt the following under conditions which they                Article 234 of the EC Treaty, as amended by Article 6
                                                                      of the Act of Accession, by not rescinding the
shall lay down for the purpose of ensuring the correct and
straightforward application of such exemptions . . . (d)              provisions contained in that agreement which are
supplies of human . . . blood', which must be understood              incompatible with the EC Treaty, in particular
                                                                      Article 52, and with the secondary law adopted
as including both total human blood and the components
thereof used separately and secondary products thereof?               thereunder, or by failing to take all legally possible
                                                                      steps to that end;
(1) OJ L 145, 13.6.1977, p. 1.
                                                                  3. Order the Republic of Austria to pay the costs of the
                                                                      present proceedings.
 ---pagebreak--- 13.3.1999                EN                    Official Journal of the European Communities                                      C 71/13
The pleas in law and main arguments in support are                             radically amended and thus replaced agreements
similar to those in Case C-471/98 (5).                                         previously concluded, the Federal Republic of
                                                                               Germany has failed to comply with its obligations
                                                                               under Article 234 of the EC Treaty, with regard to
(1 ) OJ L 240, 24.8.1992, pp. 1, 8 and 15 respectively.                        agreements concluded before the EC Treaty entered
(2 ) OJ L 220, 29.7.1989, p. 1.
(3 ) OJ L 278, 11.11.1993, p. 1.
                                                                               into force, and under secondary law, with regard to
(4 ) OJ L 14, 22.1.1993, p. 1.                                                 those agreements which were concluded after the EC
(5 ) See p. 10 of the present Official Journal.                                Treaty entered into force, by not rescinding the
                                                                               provisions contained in those previously concluded
                                                                               agreements which are incompatible with the EC
                                                                               Treaty, in particular Article 52, and with the
                                                                               secondary law adopted thereunder, and by failing to
                                                                               take all legally possible steps to that end;
Action brought on 18 December 1998 by the Commission                      3. Order the Federal Republic of Germany to pay the
of the European Communities against the Federal                                costs of the present proceedings.
                       Republic of Germany
                          (Case C-476/98)
                                                                          The pleas in law and main arguments in support are
                           (1999/C 71/22)                                 similar to those in Case C-471/98 (5).
                                                                          (1) OJ L 240, 24.8.1992, pp. 1, 8 and 15 respectively.
                                                                          (2) OJ L 220, 29.7.1989, p. 1.
An action against the Federal Republic of Germany was                     (3) OJ L 278, 11.11.1993, p. 1.
brought before the Court of Justice of the European                       (4) OJ L 14, 22.1.1993, p. 1.
Communities on 18 December 1998 by the Commission                         (5) See p. 10 of the present Official Journal.
of the European Communities, represented by Jörn Sack
and Frank Benyon, Legal Advisers, acting as Agents, with
an address for service in Luxembourg at the office of
Carlos Gómez de la Cruz, of the European Commission's
Legal Service, Wagner Centre C 254, Kirchberg.
                                                                          Reference for a preliminary ruling by the Court of Appeal
The applicant claims that the Court should:                               in Northern Ireland, by order of that court of 9 November
                                                                          1998, in the case of Eurostock Meat Marketing Ltd
                                                                          against the Department of Agriculture for Northern
                                                                                                        Ireland
1. Declare that, by having individually negotiated, signed
      and concluded, in 1994 and 1996, an Open Skies'                                             (Case C-477/98)
      agreement with the USA in the air-transport sector, the
                                                                                                    (1999/C 71/23)
      Federal Republic of Germany acted in breach of its
      obligations under the EC Treaty, including Articles 5
      and 52 thereof, and also contrary to the secondary law
      adopted thereunder, in particular Council Regulation                Reference has been made to the Court of Justice of the
      (EEC) No 2407/92 (1) of 23 July 1992 on licensing of                European Communities by an order of the Court of
      air carriers, Council Regulation (EEC) No 2408/92 (1)               Appeal in Northern Ireland of 9 November 1998, which
      of 23 July 1992 on access for Community air carriers                was received at the Court Registry on 21 December 1998,
      to intra-Community routes, Council Regulation (EEC)                 for a preliminary ruling in the case of Eurostock Meat
      No 2409/92 (1) of 23 July 1992 on fares and rates for               Marketing Ltd against the Department of Agriculture for
      air services, Council Regulation (EEC) No 2299/89 (2)               Northern Ireland, on the following questions:
      of 24 July 1989, as amended by Regulation (EEC)
      No 3089/93 (3) of 29 October 1993, on a code of
      conduct for computerised reservation systems, and                   (1) May a Member State take interim protective measures
      Council Regulation (EEC) No 95/93 (4) of 18 January                      in accordance with Article 9(1) of Council Directive
      1993 on common rules for the allocation of slots at                      89/662/EEC (1) when the Commission has made
      Community airports;                                                      Decision 97/534/EC (2) under Article 9(4) of the said
                                                                               Directive but postponed the coming into effect of that
                                                                               Decision?
2. In the alternative to part of the claim under (1),
      declare that:
                                                                          (2) If the answer to Question 1 is Yes, before the Member
                                                                               State may take such interim protective measures what,
                                                                               if any, degree of certainty, probability or possibility is
      In so far as the 1994 and 1996 agreements cannot, in                     required that the Commission will put into effect the
      view of specific provisions, be regarded as having                       said Decision?