CELEX: C1997/212/34
Language: en
Date: 1997-07-12 00:00:00
Title: Action brought on 16 May 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-192/97)

12 . 7 . 97             EN                       Official Journal of the European Communities                                     No C 212/ 19
Action brought on 16 May 1997 by the Commission of                          References for a preliminary ruling made by the Tribunal
the European Communities against the Federal Republic                       Administratif du Grand-Duche de Luxembourg (First
                              of Germany                                    Chamber) by judgments of that court of 7 May 1997 in
                          ( Case C-192/97)
                                                                            the cases of Manuel de Castro Freitas and Raymond
                                                                            Escallier against the Minister for Small Businesses and
                            ( 97/C 212/34 )                                                                     Tourism
                                                                                                ( Cases C-193/97 and C-194/97)
                                                                                                           ( 97/C 212/35 )
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European                         Reference has been made to the Court of Justice of the
Communities on 16 May 1997 by the Commission of the
                                                                            European Communities by judgments of the Tribunal
European Communities, represented by Gotz zur Hausen,
                                                                            Administratif du Grand-Duche de Luxembourg ( First
of its Legal Service, with an address for service in
                                                                            Chamber ) ( Administrative Tribunal of the Grand Duchy
Luxembourg at the office of Carlos Gomez de la Cruz,                        of Luxembourg ( First Chamber)) of 7 May 1997, received
also of the Commission's Legal Service, Wagner Centre,
                                                                            at the Court Registry on 21 May 1997, for preliminary
Kirchberg.                                                                  rulings in the cases of Manuel de Castro Freitas and
                                                                            Raymond Escallier against the Minister for Small
The applicant claims that the Court should:                                 Businesses and Tourism on the following questions:
                                                                             1 . Does the first paragraph of Article 3 of Council
                                                                                   Directive 64/427/EEC of 7 July 1964 laying down
 1 . declare the Federal Republic of Germany in breach of
                                                                                   detailed provisions concerning transitional measures in
      its obligations under Council Directive 82/501/EEC of
                                                                                   respect of activities of self-employed persons in
      24 June 1982 on the major-accident hazards of certain
                                                                                   manufacturing and processing industries falling within
      industrial activities H, and in particular of Article 1
                                                                                   ISIC Major Groups 23 to 40 ( Industry and small craft
      thereof in conjunction with Annexes I and III thereto,
      in that :
                                                                                   industries ) ( l ), which refers to the taking up ' or pursuit
                                                                                   of any activity referred to in Article 1 ( 2 )' ( Tune des
                                                                                   activites mentionnees a Particle premier paragraphe 2 ,
      — it failed fully to adopt the concept of 'major                             ou l'exercice de celles-ci ') and to 'the fact that the
           accidents' in national law, since persons who are                       activity in question has been pursued' (' l'exercice
           under a duty to prevent occurrences or to deal                          effectif... de l'activite consideree'), cover the
           with their consequences are excluded from the                           situation where a Community national has pursued
           category of persons affected by a serious danger,                       simultaneously in the Member State whence he comes
                                                                                   more than one activity falling within the scope of this
                                                                                   Directive and applies to establish his business in
      — it failed fully to adopt the concept of ' industrial
                                                                                   another Member State, continuing the simultaneous
           activity' in national law, since the handling of
                                                                                   pursuit of those activities ( Case C-193/97 ) or trades
           chemicals is covered only if a chemical
           transformation takes place,                                             ( Case C-194/97), having regard, in particular, to
                                                                                   the principle of the freedom of establishment laid
                                                                                   down in Article 52 of the Treaty, now amended, of
      — in relation to nitrous oxide, it set a threshold level                      17 April 1957 establishing the European Economic
           incompatible with Annex III to the Directive,                           Community ?
                                                                             2 . If so, is the period of experience required by Article 3
      — it failed to include the substance referred to in
                                                                                    ( a ) altered in respect of all or some of the activities
           No 175 of Annex III to the Directive within the
                                                                                    concerned owing to the fact that they were pursued
           scope of the national provisions;                                        simultaneously ?
                                                                             3 . Does the fact that the activities in question are closely
 2 . order the Federal Republic of Germany to pay the                               connected, or even unconnected, have any relevance ?
       costs .
                                                                              (') Official Journal, English Special Edition 1963—64, p. 148 .
  Pleas in law and main arguments adduced in support:
 The pleas in law and main arguments are identical with
  those in Case C-l 86/97 ( 2). The period for implementation                 Action brought on 20 May 1997 by the Commission of
  expired on 8 January 1984 .                                                    the European Communities against the Italian Republic
                                                                                                          ( Case C-195/97)
  (') OJ No L 230 , 5 . 8 . 1982 , p. 1 , as last amended by Directive                                       ( 97/C 212/36 )
      91 /692/EEC ( OJ No L 377, 31 . 12 . 1991 , p . 48 ).
  (2) See page 16 of this Official Journal.
                                                                              An action against the Italian Republic was brought before
                                                                              the Court of Justice of the European Communities on
                                                                              20 May 1997 by the Commission of the European