CELEX: C2004/007/36
Language: en
Date: 2004-01-10 00:00:00
Title: Case C-456/03: Action brought on 27 October 2003 by the Commission of the European Communities against the Italian Republic

C 7/22                 EN                          Official Journal of the European Union                                           10.1.2004
                (i)   do the transactions between B and connec-            trative Court) dated 23 October 2003, which was received at
                      ted companies within the Member State                the Court Registry on 27 October 2003, for a preliminary
                      (‘A’, ‘C’ and ‘D’) qualify for VAT purposes          ruling in the case of The Queen on the application of 1) ABNA
                      as supplies made by or to those companies            Ltd, 2) Denis Brinicombe (a partnership), 3) BOCM Pauls Ltd,
                      in the course of their economic activities;          4) Devenish Nutrition Ltd, 5) Nutrition Services (International)
                      if not,                                              Ltd, 6) Primary Diets Ltd and 1) Secretary of State for Health,
                                                                           2) Food Standards Agency on the following question:
                (ii) what factors should be considered in
                      determining the identity of the supplier of
                      the slot gaming services?                            Are Article 1(1)(b) of Directive 2002/02 (1) and/or Article 1(4)
                                                                           of Directive 2002/02, to the extent that it amends
      4.   a)   Is there a principle of abuse of right which               Article 5c(2)(a) of Directive 79/373 (2) by requiring percentages
                (independently of the interpretation given to              to be listed, invalid by reason of
                the VAT Directives) is capable of precluding the
                advantage sought in a case such as the present?            a.    the absence of a legal basis in Article 152(4)(b) EC;
           b)   If so, how does it operate in the circumstances            b.    infringement of the fundamental right to property;
                such as the present?
                                                                           c.    infringement of the principle of proportionality?
      5.   a)   What significance, if any, should be attached to
                the fact that A, C and D are not subsidiaries of
                B and that B does not control A, C and D either
                legally or economically?                                   (1) Directive 2002/02/EC of the European Parliament and of the
                                                                               Council of 28 January 2002 amending Council Directive 79/373/
                                                                               EEC on the circulation of compound feedingstuffs and repealing
           b)   Would it make a difference to any of the                       Commission Directive 91/357/EEC (OJ L 63, 06.03.2002, p. 23).
                answers given above if the type of management              (2) Directive 79/373/EEC of the Council of 2 April 1979 on the
                undertaken by B at its business establishment                  marketing of compound feedingstuffs (OJ L 86, 06.04.1979,
                outside the territory of the Community were                    p. 30).
                necessary for the provision of slot gaming
                services to customers and neither A, C nor D
                performs those activities?
(1) OJ L 145, 13.06.77, p. 1.
(2) OJ L 326, 21.11.1986, p. 40.
                                                                           Action brought on 27 October 2003 by the Commission
                                                                           of the European Communities against the Italian Republic
                                                                                                    (Case C-456/03)
Reference for a preliminary ruling by the High Court                                                 (2004/C 7/36)
of Justice (England & Wales), Queen’s Bench Division
(Administrative Court), by order of that court dated
23 October 2003, in the case of The Queen on the
application of 1) ABNA Ltd, 2) Denis Brinicombe (a part-
nership), 3) BOCM Pauls Ltd, 4) Devenish Nutrition Ltd,                    An action against the Italian Republic was brought before the
5) Nutrition Services (International) Ltd, 6) Primary Diets                Court of Justice of the European Communities on 27 October
Ltd against 1) Secretary of State for Health, 2) Food                      2003 by the Commission of the European Communities,
                        Standards Agency                                   represented by Karen Banks, acting as Agent.
                         (Case C-453/03)
                                                                           The applicant claims that the Court should:
                           (2004/C 7/35)                                   —     declare that, by failing to bring into force the laws,
                                                                                 regulations and administrative provisions necessary to
                                                                                 comply with Directive 1998/44/EC (1) of the European
                                                                                 Parliament and of the Council of 6 July 1998 on the legal
Reference has been made to the Court of Justice of the                           protection of biotechnological inventions, the Italian
European Communities by an order of the High Court of                            Republic has failed to fulfil its obligations under Article 15
Justice (England & Wales), Queen’s Bench Division (Adminis-                      of that directive;
 ---pagebreak--- 10.1.2004              EN                       Official Journal of the European Union                                            C 7/23
—     order the Italian Republic to pay the costs.                      Reference for a preliminary ruling by the Verwaltungsge-
                                                                        richt, Autonome Sektion für die Provinz Bozen by order
                                                                        of that Court of 27 September 2003 in the case of
                                                                        Parking Brixen G.m.b.H against Municipality of Brixen/
                                                                                  Bressanone and Stadtwerke Brixen A.G.
Pleas in law and main arguments
                                                                                                 (Case C-458/03)
The period for transposition of the directive expired on 30 July
2002.
                                                                                                   (2004/C 7/38)
(1) OJ 1998 L 213, p. 13.
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by order of the Verwaltungsgericht,
                                                                        Autonome Sektion für die Provinz Bozen (Administrative
                                                                        Court, Autonomous Division for the Province of Bolzano) of
                                                                        27 September 2003, received at the Court Registry on
                                                                        30 October 2003, for a preliminary ruling in the case
                                                                        of Parking Brixen G.m.b.H against Municipality of Brixen/
Reference for a preliminary ruling by the Tribunale di                  Bressanone and Stadtwerke Brixen A.G. on the following
Bergamo by order of that Court of 3 August 2003 in the                  questions:
case brought by Azienda agricola Albergati Giovanni
Angelo against Agenzia Erogazioni in agricoltura ‘AGEA’
                                                                        1.   Does the award of the management of the public pay car
               and Coop. Latte 2005 S.C.A.R.L.
                                                                             parks in question concern a public service contract within
                                                                             the meaning of Directive 92/50/EEC (1) or a public service
                                                                             concession contract to which the competition rules of
                         (Case C-457/03)                                     the EC, in particular the obligation to ensure equal
                                                                             treatment and transparency, must be applied?
                          (2004/C 7/37)
                                                                        2.   If that award does concern a service concession contract
                                                                             relating to the management of a local public service, is
                                                                             the award of the management of public pay car parks
                                                                             which, under Article 44(6)(b) of Regional Law No 1 of
Reference has been made to the Court of Justice of the                       4 January 1993, as amended by Article 10 of Regional
European Communities by order of the Tribunale di Bergamo                    Law No 10 of 23 January 1998 and under Article 88(6)(a)
(Bergamo District Court) of 3 August 2003, received at the                   and (b) of the consolidated text of the provisions concern-
Court Registry on 29 October 2003, for a preliminary ruling                  ing local government, can be effected without a public
in the case brought by Azienda agricola Albergati Giovanni                   invitation to tender, compatible with Community law, in
Angelo against Agenzia Erogazioni in agricoltura ‘AGEA’ and                  particular with the principles of freedom to provide
Coop. Latte 2005 S.C.A.R.L. on the following question:                       services and freedom of competition, the prohibition of
                                                                             discrimination, and the resultant obligations to ensure
                                                                             equal treatment, transparency and proportionality, where
                                                                             a public limited company is involved which was set up
Must Article 1 of Regulation (EEC) No 856/84 (1) of 31 March                 pursuant to Article 115 of Legislative Decree No 267/
1984 and Articles 1 to 4 of Regulation No 3950/92 (2) of                     2000 by the conversion of a special undertaking of a
28 December 1992 be interpreted as meaning that the                          municipality, whose share capital at the time of the award
additional levy on milk and milk products is in the nature of                was held 100 % by the municipality itself but whose
an administrative penalty with the result that producers are                 administrative board enjoys all extensive powers of
liable to pay it only where quantities allocated have been                   routine administration up to a value of
exceeded by them intentionally or as a result of negligence?                 EURO 5 000 000,00 per transaction?
(1) OJ L 90 of 01.04.1984, p. 10.                                       (1) OJ L 209 [1992], p. 1.
(2) OJ L 405 of 31.12.1992, p. 1.