CELEX: C1998/094/26
Language: en
Date: 1998-03-28 00:00:00
Title: References for a preliminary ruling from the Tribunal de Grande Instance de Thionville by judgments of that court of 21 March 1997 in the cases of Marc Charreire v. Directeur des Services Fiscaux de la Moselle and Jean Hirtsmann v. Directeur des Services Fiscaux de la Moselle (Cases C-28/98 and C-29/98)

28.3.98               EN                Official Journal of the European Communities                                    C 94/13
    receiving such allowance) contrary to Articles 48(2)           Directeur des Services Fiscaux de la Moselle (Case C-28/
    and 51 of the EC Treaty?                                       98) and Jean Hirtsmann v. Directeur des Services Fiscaux
                                                                   de la Moselle (Case C-29/98) on the following question:
                                                                   Whether, having regard (Case C-28/98) to the date of
                                                                   approval of the plaintiff's Chevrolet vehicle of 33 CV
                                                                   fiscal power rating, registration number 6707 ZK 57, and
Reference for a preliminary ruling by the Bundesvergabe-           (Case C-29/98) to the date of approval of the plaintiff's
amt by order of that body of 27 January 1998 in the case           Jeep vehicle of 23 CV fiscal power rating, registration
of Bietergemeinschaft: 1. Metalmeccanica Fracasso SpA,             number 1438 XX 57, and having regard to the tax
2. Leitschutz Handels- und Montage GmbH against Amt                diagrams and figures submitted by the plaintiff and the
               der Salzburger Landesregierung                      observations submitted by the authorities, the system of
                        (Case C-27/98)                             taxation applied corresponds to objective criteria free
                                                                   from any discriminatory effect and not falling within the
                         (98/C 94/25)                              scope of Article 95 of the Treaty.
Reference has been made to the Court of Justice of the
European Communities by order of the Bundesvergabeamt
(Federal Procurement Office) of 27 January 1998, received
at the Court Registry on 2 February 1998, for a
preliminary ruling in the case of Bietergemeinschaft
                                                                   Reference for a preliminary ruling from the 35th Civil
(contractor grouping): 1. Metalmeccanica Fracasso SpA,
                                                                   Chamber of the Landgericht Berlin by order of that court
2. Leitschutz Handels- und Montage GmbH against Amt
                                                                   of 4 November 1997 in the case of VR-Leasing GmbH
der Salzburger Landesregierung (Government Office of
                                                                                      against Margit Bertram
the Land Salzburg) on the following question:
                                                                                          (Case C-30/98)
Is Article 18 of Directive 93/37/EEC ( ), according to
                                           1                                                (98/C 94/27)
which contracts are to be awarded on the basis of the
criteria laid down in Chapter 3 of Title IV, taking into
account Article 19, after the suitability of the contractors       Reference has been made to the Court of Justice of the
not excluded under Article 24 has been checked by                  European Communities by order of the 35th Civil
contracting authorities in accordance with the criteria of         Chamber of the Landgericht Berlin (Berlin Regional
economic and financial standing and of technical                   Court) of 4 November 1997, received at the Court
knowledge or ability referred to in Articles 26 to 29, to be       Registry on 5 February 1998, for a preliminary ruling in
interpreted as requiring contracting authorities to accept a       the case of VR-Leasing GmbH against Margit Bertram on
tender even if it is the only tender still remaining in the        the following question:
tendering procedure? Is Article 18 sufficiently specific and
precise for it to be relied on by individuals in proceedings
under national law and, as part of Community law, to be            Do Articles 1 and 2 of Council Directive 85/577/EEC of
used to oppose provisions of national law?                         20 December 1985 (1), on protection of the consumer in
                                                                   respect of contracts negotiated away from business
(1) OJ L 199, 9.8.1993, p. 54.                                     premises, cover a husband who, acting as a negotiator on
                                                                   behalf of a leasing company, causes his wife to sign a
                                                                   declaration of suretyship in their private residence?
                                                                   (1) OJ L 372, 31.12.1995, p. 31.
References for a preliminary ruling from the Tribunal de
Grande Instance de Thionville by judgments of that court
of 21 March 1997 in the cases of Marc Charreire v. Direc-
teur des Services Fiscaux de la Moselle and Jean
 Hirtsmann v. Directeur des Services Fiscaux de la Moselle
                                                                   Reference for a preliminary ruling from the Finanzgericht
                (Cases C-28/98 and C-29/98)                        München (Finance Court, Munich) by order of that court
                         (98/C 94/26)                              of 22 January 1998 in the case of Peter Luksch v. Haupt-
                                                                        zollamt Weiden (Principal customs office, Weiden)
                                                                                          (Case C-31/98)
Reference has been made to the Court of Justice of the
European Communities by judgments of the Civil                                              (98/C 94/28)
Chamber of the Tribunal de Grande Instance de Thionville
(Regional Court, Thionville) of 21 March 1997, which
were received at the Court Registry on 3 February 1998,            Reference has been made to the Court of Justice of the
for preliminary rulings in the cases of Marc Charreire v.          European Communities by an order of the Finanzgericht