CELEX: C1998/151/14
Language: en
Date: 1998-05-16 00:00:00
Title: Removal from the register of Case C-173/97

16.5.98               EN               Official Journal of the European Communities                                 C 151/7
    What must be the rate that it is legally appropriate to       requirements laid down in the Annex and Article 5) and
    adopt, in the absence of any applicable domestic law          on 31 December 1994 (as regards the remainder of the
    and of any choice thus made by the Member State               provisions).
    within the bracket allowed by the directive?
                                                                  (1) OJ L 340, 31.12.1993, p. 15.
                                                                  (2) OJ C 137, 2.5.1998, p. 12.
    In other words, what must be the scope of the
    directive in such circumstances and must it be
    considered that the applicable rate is: 1 %? 0 %? and
    why not 0,25 % or 0,50 %?
(1) OJ L 103, 18.4.1973, p. 15.
(2) OJ L 249, 3.10.1969, p. 25.
(3) OJ L 156, 15.6.1985, p. 23.                                         Removal from the register of Case C-287/97 (1)
                                                                                          (98/C 151/12)
                                                                  By order of 17 September 1997, the President of the Court
                                                                  of Justice of the European Communities ordered the
                                                                  removal from the register of Case C-287/97: (Reference
                                                                  for a preliminary ruling from the Pretura Circondariale di
Action brought on 16 March 1998 by the Commission of              Bassano del Grappa): Claudio Matteazzi v. Caseificio
 the European Communities against the Kingdom of Spain            Sociale S. Rocco Scarl.
                       (Case C-73/98)
                                                                  (1) OJ C 295, 27.9.1997.
                        (98/C 151/11)
An action against Kingdom of Spain was brought before
the Court of Justice of the European Communities on
16 March 1998 by the Commission of the European
Communities, represented by Juan Guerra FernaÂndez and
                                                                        Removal from the register of Case C-160/97 (1)
GeÂrard Berscheid, acting as Agents, with an address for
service in Luxembourg at the office of Carlos Gómez de la                                 (98/C 151/13)
Cruz, of its Legal Service, Wagner Centre, Kirchberg.
                                                                  By order of 4 December 1997, the President of the Court
The applicant claims that the Court should:                       of Justice of the European Communities ordered the
                                                                  removal from the register of Case C-160/97: Commission
                                                                  of the European Communities v. Italian Republic.
Ð declare that, by failing to adopt and bring into force,
    or to notify, the laws, regulations or administrative         (1) OJ C 199, 28.6.1997.
    provisions necessary to comply with Council Directive
    85/73/EEC on the financing of health inspections and
    controls of fresh meat and poultrymeat (1) as amended
    by Council Directive 93/118/EEC of 22 December
    1993, the Kingdom of Spain has failed to fulfil its
    obligations under the EC Treaty, and
                                                                        Removal from the register of Case C-173/97 (1)
Ð order the defendant to pay the costs.                                                   (98/C 151/14)
Pleas in law and main arguments adduced in support:               By order of 4 December 1997, the President of the Court
                                                                  of Justice of the European Communities ordered the
                                                                  removal from the register of Case C-173/97: Commission
The pleas in law and main arguments are analogous to              of the European Communities v. Hellenic Republic.
those in Case C-66/98 (2); the period for implemen-
tation expired on 31 December 1993 (as regards the                (1) OJ C 199, 28.6.1997.