CELEX: C2001/200/86
Language: en
Date: 2001-07-14 00:00:00
Title: Case C-184/01 P: Appeal brought on 27 April 2001 by Peter Hirschfeldt against the judgment delivered on 13 February 2001 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-166/00 between Peter Hirschfeldt and the European Environment Agency

C 200/48              EN                    Official Journal of the European Communities                                     14.7.2001
22 March 2001, received at the Court Registry on 26 April              The Commission claims that the Court should:
2001, for a preliminary ruling in the case of Saatgut-
Treuhandverwaltungs GmbH against Werner Jäger on the                   —     declare that, by not adopting within the time-limits laid
following questions:                                                         down the laws, regulations and administrative provisions
                                                                             necessary to comply with Council Directive 96/51/EC (1)
1.   Can                                                                     of 23 July 1996 amending Directive 70/524/EEC con-
                                                                             cerning additives in feedingstuffs, the Hellenic Republic
     (a)   a limited company (GmbH) established under Ger-                   has failed to fulfil its obligations under the Treaty and
           man law be an ‘organisation of holders’ within the                that directive;
           meaning of Article 3(2) of Commission Regulation            —     order the Hellenic Republic to pay the costs.
           (EC) No 1768/95 (1) of 24 July 1995, and can
     (b) such a company invoke, pursuant to Article 3(2),
           the rights deriving from Article 3(1) of the above-         Pleas in law and main arguments
           mentioned regulation even in respect of holders
           who are not shareholders in it but members of an            In accordance with the third paragraph of Article 249 EC,
           association which is a shareholder, and can                 directives are binding, as to the result to be achieved, upon
                                                                       each Member State to which they are addressed.
     (c)   such a company invoke, pursuant to Article 3(2),
           the rights deriving from Article 3(1) of the above-
           mentioned regulation (for a consideration) even in          Under the first paragraph of Article 10 EC, Member States are
           respect of holders who are neither shareholders nor         to take all appropriate measures, whether general or particular,
           members of an association which is a shareholder?           to ensure fulfilment of the obligations arising out of the Treaty
                                                                       or resulting from action taken by the institutions of the
2.   Must the sixth indent of Article 14(3) of Council Regu-           Community.
     lation (EC) No 2100/94 of 27 July 1994 (2) , read in
     conjunction with Article 8 of Commission Regulation               It is not disputed by the Hellenic Republic that it must adopt
     (EC) No 1768/95, be interpreted as meaning that the               measures to comply with the abovementioned directive.
     holder of a plant variety right protected under Regulation
     No 2100/94 can request the information referred to
     in the abovementioned provisions from any farmer,                 The Commission records that until now the Hellenic Republic
     irrespective of whether or not there is any indication that       has not adopted the appropriate measures for the full incorpo-
     he has carried out an act of use in respect of the                ration of the directive at issue into Greek law.
     variety in question under Article 13(2) of Regulation
     No 2100/94, or at least otherwise used the variety in
     question on his holding?                                          (1) OJ L 235, 17.9.1996, p. 39.
(1) OJ L 173 of 25.7.1995, p. 14.
(2) OJ L 227 of 1.9.1994, p. 1.
                                                                       Appeal brought on 27 April 2001 by Peter Hirschfeldt
                                                                       against the judgment delivered on 13 February 2001 by
                                                                       the Fifth Chamber of the Court of First Instance of the
                                                                       European Communities in Case T-166/00 between Peter
                                                                           Hirschfeldt and the European Environment Agency
Action brought on 27 April 2001 by the Commission of
the European Communities against the Hellenic Republic                                        (Case C-184/01 P)
                        (Case C-183/01)                                                        (2001/C 200/86)
                        (2001/C 200/85)                                An appeal against the judgment delivered on 13 February
                                                                       2001 by the Fifth Chamber of the Court of First Instance of
                                                                       the European Communities in Case T-166/00 between Peter
An action against the Hellenic Republic was brought before             Hirschfeldt and the European Environment Agency was
the Court of Justice of the European Communities on 27 April           brought before the Court of Justice of the European Communi-
2001 by the Commission of the European Communities,                    ties on 27 April 2001 by Peter Hirschfeldt, represented by
represented by Maria Kondou-Durande, Commission Legal                  Jean-Noël Louis and Véronique Peere, of the Brussels Bar, with
Adviser.                                                               an address for service in Luxembourg.
 ---pagebreak--- 14.7.2001               EN                  Official Journal of the European Communities                                        C 200/49
The appellant claims that the Court should:                            Where a lessee fills up a leased car in the name and at the
                                                                       expense of the lessor at filling stations, is there a supply of fuel
—     set aside the judgment delivered on 13 February 2001 by          by the lessor to the lessee and must tax be paid on this supply
      the Court of First Instance of the European Communities          at the place of supply within the meaning of Article 8(1)(b) of
      (Fifth Chamber) in Case T-166/00 Hirschfeldt v European          Directive 77/388/EEC or is the ‘onward supply’ included in the
      Environment Agency;                                              lessor’s supply of a service that is taxable under Article 9 of
                                                                       Directive 77/388/EEC?
—     proceed to adjudicate afresh in the matter, and thus:
      —     annul the decision cancelling internal competition         (1) OJ L 145 of 13.6.1977, p. 1.
            EEA/T/99/1, communicated to the appellant by
            letter of 27 September 1999;
      —     annul the decision of 13 December 1999 transfer-
            ring the appellant from the Commission to the
            European Environment Agency, inasmuch as it
            classifies him in grade A5, step 3, with effect from
            1 November 1999;
                                                                       Reference for a preliminary ruling by the Verwaltungsger-
      —     order the respondent to pay the costs of the two sets      icht Stuttgart by order of 4 April 2001 in the case of
            of proceedings.                                            Alexander Dory v Federal Republic of Germany —
                                                                                 Kreiswehrersatzamt Schwäbisch Gmünd
Pleas in law and main arguments                                                                (Case C-186/01)
—     The Court of First Instance committed an error of law in                                 (2001/C 200/88)
      finding that the Commission’s threats ‘definitively to
      cease using transfers in future’ for the benefit of the          Reference has been made to the Court of Justice of the
      European Environment Agency in the event of a refusal            European Communities by order of 4 April 2001 by the
      to cancel internal competition EEA/T/99/1 did not have           Verwaltungsgericht Stuttgart (Administrative Court, Stuttgart),
      the effect of vitiating the way in which the appointing          which was received at the Court Registry on 30 April 2001,
      authority had exercised its discretion by proceeding to          for a preliminary ruling in the case of Alexander Dory v
      cancel the competition in question.                              Federal Republic of Germany Kreiswehrersatzamt (District
                                                                       Recruiting Office) Schwäbisch Gmünd on the following ques-
—     The Court of First Instance committed an error of law in
                                                                       tion, in particular with regard to the interpretation of Article 2
      imposing conditions for appointment as an established
                                                                       of Directive 76/207/EEC of 9 February 1976 on the implemen-
      official which are not provided for in the third paragraph
                                                                       tation of the principle of equal treatment for men and women
      of Article 8 of the Staff Regulations and in failing to
                                                                       as regards access to employment, vocational training and
      verify whether the European Environment Agency had in
                                                                       promotion, and working conditions (1):
      fact reconstituted the appellant’s career as regards both
      the his grade on establishment and his seniority in step.
                                                                       Does German compulsory military service for men only
                                                                       conflict with European law?
                                                                       (1) OJ L 39 of 14.2.1976, p. 40.
Reference for a preliminary ruling by the Bundesfinanzh-
of by order of 22 February 2001 in the case of Auto Lease
            Holland B.V. v Bundesamt für Finanzen
                                                                       Reference for a preliminary ruling by the Unabhängiger
                         (Case C-185/01)                               Verwaltungssenats Salzburg by order of that court of 25
                                                                       April 2001 in the case of Francisco Javier Gonzales
                         (2001/C 200/87)                                                             Moreno
                                                                                               (Case C-188/01)
Reference has been made to the Court of Justice of the
European Communities by order of 22 February 2001 by the
Bundesfinanzhof (Federal Finance Court), which was received                                    (2001/C 200/89)
at the Court Registry on 30 April 2001, for a preliminary
ruling in the case of Auto Lease Holland B.V. v Bundesamt für          Reference has been made to the Court of Justice of the
Finanzen on the following question (1):                                European Communities by order of the Unabhängiger Verwal-