CELEX: C2004/071/18
Language: en
Date: 2004-03-20 00:00:00
Title: Case C-28/04: Reference for a preliminary ruling by the Tribunal De Grand Instance de Paris (Third Chamber, Second Division) by order of that Court of 5 December 2003 in the case of Société TOD'S SpA (formerly named EMA Srl) and SARL TOD'S France formerly named DEVA France against S.A. Heyraud; Voluntary intervener: Sté Technisynthese

C 71/12                EN                          Official Journal of the European Union                                         20.3.2004
Pleas in law and main arguments                                            Action brought on 28 January 2004 by the Commission
                                                                           of the European Communities against the Republic of
                                                                                                        Austria
The Spanish authorities have not officially designated as
bathing areas, the beaches Viela/A Videira, Niño do Corvo and
Canabal in the municipality of Moaña (Pontevedra), in spite of
                                                                                                    (Case C-29/04)
the frequent presence of bathers on those beaches. In the
absence of a ban on bathing, the presence of bathers requires
the designation of those beaches as bathing waters, for the
purpose of Directive 76/160. In the absence of such a                                               (2004/C 71/19)
designation, those three beaches have not been subject to the
surveillance required by the Directive.
The waters of the Ría de Vigo do not conform to the guideline              An action against the Republic of Austria was brought
values, laid down by Directive 79/923, for faecal coliforms, in            before the Court of Justice of the European Communities
spite of the fact that nearly all of those waters have been                on 28 January 2004 by the Commission of the European
designated by the Spanish authorities as shellfish waters.                 Communities, represented by Klaus Wiedner, acting as Agent,
Accordingly, Article 5 of that directive requires the establish-           with an address for service in Luxembourg.
ment of a programme to reduce pollution in order to ensure
that the designated waters conform to the values fixed in the
Annex to Directive 79/923. However, the pollution-reduction
programme for the Ría de Vigo has not been notified to the                 The applicant claims that the Court should:
Commission.
                                                                           1.    declare that the Republic of Austria has failed to fulfil its
(1) OJ 1976 L 31, p. 1; Spanish Special Edition 15/01, p. 133.                   obligations under Council Directive 92/50/EEC of 18 June
(2) OJ 1979 L 281, p. 47; Spanish Special Edition 15/02, p. 156.                 1992 relating to the coordination of procedures for the
                                                                                 award of public service contracts (1), in that award of the
                                                                                 refuse disposal contract entered into by the town of
                                                                                 Mödling failed to comply with the procedures and
                                                                                 advertising rules laid down in Article 8, in conjunction
                                                                                 with Article 11(1) and Article 15(2), of that directive;
Reference for a preliminary ruling by the Tribunal De
                                                                           2.    order the Republic of Austria to pay the costs.
Grand Instance de Paris (Third Chamber, Second Division)
by order of that Court of 5 December 2003 in the case of
Société TOD’S SpA (formerly named EMA Srl) and SARL
TOD’S France formerly named DEVA France against S.A.
    Heyraud; Voluntary intervener: Sté Technisynthese
                                                                           Pleas in law and main arguments
                          (Case C-28/04)
                          (2004/C 71/18)                                   On 21 May 1999, the municipality of Mödling decided to use
                                                                           its own vehicle to carry out its statutory duties relating to
                                                                           refuse disposal. A company, AbfallGmbH, was incorporated
                                                                           for this purpose. The whole of the company’s share capital
Reference has been made to the Court of Justice of the                     was held by one member, namely the municipality of Mödling.
European Communities by order of the Tribunal De Grand                     The contract for disposal, under which the municipality of
Instance de Paris (Paris Regional Court) of 5 December 2003,               Mödling transferred exclusive responsibility for the collection
received at the Court Registry on 28 January 2004, for a                   and treatment of waste to AbfallGmbH, was entered into on
preliminary ruling in the case of Société TOD’S SpA (formerly              15 September 1999. The contract was entered into for an
named EMA Srl) and SARL TOD’S France formerly named                        unlimited period and came into force with retrospective effect
DEVA France against S.A. Heyraud; Voluntary intervener: Sté                on 1 July 1999. Two weeks after the conclusion of the contract
Technisynthese, on the following question:                                 for refuse disposal, the town council of the municipality of
                                                                           Mödling decided that the municipality of Mödling, as sole
                                                                           member of AbfallGmbH, should transfer 49 % of its shares to
Does Article 12 of the EC Treaty, which lays down the general              a private undertaking.
principle of non-discrimination on grounds of nationality,
mean that the right of an author to claim in a Member State
the copyright protection afforded by the law of that State may
not be subject to a distinction based on the country of origin             The Republic of Austria is of the opinion that the provisions
of the work?                                                               of Directive 92/50/EEC do not apply to the award of the waste
                                                                           disposal contract to AbfallGmbH, as it involved a so-called ‘in-
                                                                           house’ transaction.