CELEX: C1998/278/55
Language: en
Date: 1998-09-05 00:00:00
Title: Reference for a preliminary ruling by Klagenævnet for Udbud, by an order of 15 July 1998 in the case of Unitron Scandinavia A/S and 3-S A/S, Danske Svineproducenters Serviceselskab v. Ministeriet for Fødevarer, Landbrug og Fiskeri (Case C-275/98)

5.9.98                 EN                  Official Journal of the European Communities                                    C 278/29
31 March 1998, which were received at the Court                       Action brought on 17 July 1998 by the Commission of the
Registry on 20 July 1998, for a preliminary ruling in the                 European Communities against the Kingdom of Spain
cases of Salvat Editores SA and J. CompanÄ Calbuig                                              (Case C-274/98)
(C-265/98), Salvat Editores SA and G. Caminati (C-266/
98), OceÂano Grupo Editorial SA and R. Bogas CardenÄosa                                          (98/C 278/54)
(Case C-267/98), OceÂano Grupo Editorial SA and M.
Casas MingueÂlez (C-268/98), Planeta CreÂdito SA and A.
Villar Castelao (C-269/98), Artel SA and P. López Aznar               An action against the Kingdom of Spain was brought
(C-270/98), Salvat Editores SA and J. A. Serrano Garrido              before the Court of Justice on 17 July 1998 by the
(C-271/98), and Artel SA and F. Arencom Salazar (C-272/               Commission of the European Communities, represented
98).                                                                  by Eric Gippini Fournier and Francisco de Sousa Fialho,
                                                                      of its Legal Service, acting as Agents, with an address for
                                                                      service in Luxembourg at the office of Carlos Gómez de la
                                                                      Cruz, Wagner Centre, Kirchberg.
The grounds of the order for reference and the question
on which a ruling is sought by Juzgado de Primera
Instancia No 35, Barcelona, are similar to those in Joined            The applicant claims that the Court of Justice should:
Cases C-240/98 to C-244/98 (1).
                                                                      Ð declare that, by failing to establish action programmes
                                                                           pursuant to Article 5 of Council Directive 91/676/EEC
( ) See p. 21 of this Official Journal.
 1
                                                                           of 12 December 1991 concerning the protection of
                                                                           waters against pollution caused by nitrates from
                                                                           agricultural sources (1), the Kingdom of Spain has
                                                                           failed to fulfil its obligations under the EC Treaty;
                                                                      Ð order the defendant to pay the costs.
Reference for a preliminary ruling by the Bundesfinanzhof
by order of that court of 14 May 1998 in the case of                  Pleas in law and main arguments adduced in support:
      Hans-Josef Schlebusch against Hauptzollamt Trier
                         (Case C-273/98)                              The binding nature of the third paragraph of Article 189
                                                                      and of Article 5 of the EC Treaty means that Member
                           (98/C 278/53)                              States must adopt the measures necessary to give effect to
                                                                      the Directive before the end of the period appointed for
                                                                      that purpose. Since the initial designation of vulnerable
                                                                      zones was to be effected within two years after
Reference has been made to the Court of Justice of the                notification of the Directive (Article 3(2)), the period for
European Communities by order of the Seventh Senate of                drawing up the action programmes provided for in
the Bundesfinanzhof (Federal Finance Court) of 14 May                 Article 5 expired in December 1995.
1998, received at the Court Registry on 20 July 1998, for
a preliminary ruling in the case of Hans-Josef Schlebusch
                                                                      (1) OJ L 375, 31.12.1991, p. 1; corrigendum: OJ L 92,
against Hauptzollamt (Principal Customs Office) Trier on                  16.4.1993, p. 51.
the following question:
Is the first sentence of Article 3a(3) of Council Regulation
(EEC) No 857/84 (1), as amended by Regulation (EEC)
No 1639/91 (2), to be interpreted as meaning that a milk
                                                                      Reference for a preliminary ruling by Klagenñvnet
producer is to be allocated a definitive special reference
                                                                      for Udbud, by an order of 15 July 1998 in the case
quantity even where, in the period laid down in that
                                                                      of Unitron Scandinavia A/S and 3-S A/S, Danske
provision, he did not use the special reference quantity
                                                                      Svineproducenters Serviceselskab v. Ministeriet for
provisionally allocated to him for a corresponding increase
                                                                                      Fùdevarer, Landbrug og Fiskeri
in his milk production, but temporarily transferred to
another business that part of his milk quota corresponding                                      (Case C-275/98)
to the original reference quantity held by his business in                                       (98/C 278/55)
addition to the provisionally allocated special reference
quantity?
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of Klagenñvnet for
( ) Council Regulation (EEC) No 857/84 adopting general rules
 1
    for the application of the levy referred to in Article 5c of      Udbud (Danish Procurement Review Board), which was
    Regulation (EEC) No 804/68 in the milk and milk products          received at the Court Registry on 20 July 1998, for a
    sector (OJ L 90, 1.4.1984, p. 13).                                preliminary ruling in the case of Unitron Scandinavia A/S
(2) OJ L 150, 15.6.1991, p. 35.                                       and 3-S A/S, Danske Svineproducenters Serviceselskab v.
                                                                      Ministeriet for Fùdevarer, Landbrug og Fiskeri (Ministry
                                                                      of Foodstuffs, Agriculture and Fisheries) on the following
                                                                      questions:
 ---pagebreak--- C 278/30               EN                  Official Journal of the European Communities                                      5.9.98
Ð Does Article 2(2) of Council Directive 93/36/EEC of                     alternative forms of energy, tolls for crossing the Tagus
     14 June 1993 coordinating procedures for the award                   bridge in Lisbon and, finally, agricultural tools and
     of public supply contracts (1) still have an independent             implements, the Portuguese Republic has infringed
     meaning after the adoption of Council Directive 92/                  Article 12 and Article 28(2) of Council Directive 77/
     50/EEC of 18 June 1992 relating to the coordination                  388/EEC (1) (the sixth VAT Directive), as amended by
     of procedures for the award of public service                        Directive 92/77/EEC (2) on the approximation of VAT
     contracts (2) (as both amended by European Parliament                rates,
     and Council Directive 97/52/EC (3))?
Ð If Question 1 is answered in the affirmative, does the              Ð order the Portuguese Republic to pay the costs.
     provision accordingly mean that, where a contracting
     authority entrusts the administration of a pig
     eartagging scheme to a private undertaking which is              Pleas in law and main arguments adduced in support:
     not a contracting authority, the contracting authority
     should stipulate, on the one hand, that the
     undertaking should comply with the prohibition
     against discrimination on the ground of nationality in           Pursuant to Article 12(3) of the sixth VAT Directive, as
     public supply contracts which the undertaking awards             amended by Directive 92/77/EEC, the Member States are
     to third parties and, on the other hand, that the                to apply a standard rate, which may not be less than
     procurement of goods linked to the scheme should be              15 %. As is clear from Article 12(3)(a) and (b), the
     put out to public tender if the value of the goods to be         Member States may apply either one or two reduced rates
     procured exceeds the threshold value in Directive 93/            to the transactions referred to in Annex H to Directive 92/
     36/EEC?                                                          77/EEC. By applying reduced rates to transactions not
                                                                      referred to in that Annex (wines, machines and equipment
                                                                      for exploiting alternative forms of energy and agricultural
(1) OJ L 199, 9.8.1993, p. 1.                                         tools and implements) the Portuguese Republic has
(2) OJ L 209, 24.7.1992, p. 1.
                                                                      infringed Article 12.
(3) Directive 97/52/EC of the European Parliament and of the
    Council of 13 October 1997, amending Directives 92/50/EEC,
    93/36/EEC and 93/37/EEC concerning the coordination of
    procedures for the award of public service contracts, public
                                                                      As regards the tolls for crossing the Tagus bridge in
    supply contracts and public works contracts (OJ L 328,
    28.11.1997, p. 1).
                                                                      Lisbon, Article 28(2)(a) of the sixth Directive, in
                                                                      conjunction with subparagraph (d), does not, contrary to
                                                                      the view advanced by the Portuguese authorities, allow the
                                                                      introduction after 1 January 1991 of a new reduced rate
                                                                      at the time of withdrawal, at a later stage, of the reduced
                                                                      rate in force on that date.
Action brought on 20 July 1998 by the Commission of the               (1) OJ L 145, 13.6.1977, p. 1.
  European Communities against the Portuguese Republic                (2) OJ L 316, 31.10.1992, p. 1.
                        (Case C-276/98)
                         (98/C 278/56)
An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities
on 20 July 1998 by the Commission of the European                     Action brought on 21 July 1998 by the French Republic
Communities, represented by Teresa Figueira and Enrico                   against the Commission of the European Communities
Traversa, of its Legal Service, acting as Agents, with an                                    (Case C-277/98)
address for service in Luxembourg at the office of Carlos
Gómez de la Cruz, Wagner Centre, Kirchberg.                                                   (98/C 278/57)
The applicant claims that the Court should:
                                                                      An action against the Commission of the European
                                                                      Communities was brought before the Court of Justice of
Ð declare that, by keeping in force or introducing a                  the European Communities on 21 July 1998 by the French
     reduced rate of 5 % for the products listed in points            Republic, represented by Kareen Rispal-Bellanger,
     1.8, 2.11, 2.19 and 3.8 of Annex I to the Código do              Assistant Director for International Economic Law and
     IVA (VAT Code) (Decree-Law No 394-B/84 of                        Community Law, Ministry of Foreign Affairs, and
     26 December 1984, as amended by Law No 2/92 of                   Christina Vasak, Assistant Secretary for Foreign Affairs,
     9 March 1992 and by Law No 39-B/94 of                            acting as Agents, with an address for service in
     27 December 1994), which relate, respectively, to                Luxembourg at the French Embassy, 8b boulevard
     wines, machines and equipment for exploiting                     Joseph II.