CELEX: C1997/228/26
Language: en
Date: 1997-07-26 00:00:00
Title: Reference for a preliminary ruling from the Verwaltungsgerichtshof, by order of that court of 26 May 1997, in the case of Erich Ciola v. Land Vorarlberg (Case C-224/97)

26 . 7 . 97               EN                     Official Journal of the European Communities                                     No C 228/ 13
        awarded under the procedure therein mentioned or                    Reference for a preliminary ruling by the Arrondissements­
        are the provisions of the Directive relevant to the                 rechtbank, Maastricht, by judgment of that court of
        services mentioned in Annex I ( A ) capable of                      13 June 1997 in the criminal proceedings against Johannes
        fulfilling the preconditions laid down in the                                               Martinus Lemmens
        abovementioned case ?                                                                         ( Case C-226/97)
                                                                                                          ( 97/C 228/27)
6.      Is there under Article 5 or other provisions of the
        EEC Treaty, or under Directive 92/50/EEC, an                        Reference has been made to the Court of Justice of the
        obligation on the State to interfere in existing legal              European Communities by judgment of the Arrondisse­
        situations concluded for an indefinite period or for                mentsrechtbank ( District Court), Maastricht, of 13 June
        several years but which were not entered into in                    1997, which was received at the Court Registry on 18 June
        accordance with the abovementioned Directive .                      1997, for a preliminary ruling in the criminal proceedings
                                                                            against Johannes Martinus Lemmens on the following
(') OJ No L 209 , 24 . 7. 1992, p . 1 .                                     questions :
( 2 ) OJ No L 395 , 30 . 12 . 1989 , p . 33 .
(■') Case 41 /74 [ 1974 ] ECR 1337.                                         1 . Can a defendant in criminal proceedings instituted for
                                                                                 an offence contrary to Article 8 (2 ) ( a ) of the Wegen­
                                                                                 verkeerswet ( Road Traffic Law) 1994 successfully rely
                                                                                 on the application of the Regeling Ademanalyse
                                                                                 ( Regulation on breath analysis ) ( Ned.Stcrt 1987, 187),
                                                                                 as amended, laying down further rules concerning the
                                                                                 requirements for breath-analysis apparatus and the
Reference for a preliminary ruling from the Verwaltungs­                         tests which such apparatus must undergo, being set
gerichtshof, by order of that court of 26 May 1997, in the                       aside
               case of Erich Ciola v. Land Vorarlberg
                           ( Case C-224/97 )                                     — where, for the purposes of the investigation
                                                                                      referred to in Article 8 ( 2 ) ( a ) of the Wegenverkeer­
                             ( 97/C 228/26 )                                          swet 1994, that Regulation is based, pursuant to
                                                                                      Article 65 of the Invoeringswet Wegenverkeerswet
                                                                                      ( Law implementing the Road Traffic Law) 1994,
Reference has been made to the Court of Justice of the                                on Article 163 of the Wegenverkeerswet viewed in
European Communities by order of the Verwaltungsge­                                   conjunction with Article 5 of the Besluit Alcoho­
richtshof (Administrative Court of Appeal ) of 26 May                                 londerzoeken ( Decree on the conduct of tests to
 1997, received at the Court Registry on 16 June 1997, for                            determine alcohol level ) ( Stb . 1987, 432 ), as
a preliminary ruling in the case of Erich Ciola v. Land Vor­                          amended,
arlberg on the following questions :                                             — in view of the failure to notify the Regulation to
                                                                                      the European Commission, as required by Article 8
                                                                                      of Directive 83/189/EEC O ?
 1 . Are the provisions concerning the freedom to provide
       services to be interpreted as precluding a Member
                                                                             2 . Should a court in criminal proceedings of the kind
       State from prohibiting the operator of a yachting
       harbour, on pain of criminal prosecution, from hiring
                                                                                 referred to above disapply that Regulation of its own
                                                                                 motion on account of the failure to notify it as
       out more than a specific quota of moorings to boat
       owners who are resident in another Member State ?                         required ?
                                                                             (') OJ No L 109 , 26 . 4 . 1983 , p . 8 .
 2 . Does Community law, in particular the provisions
       concerning the freedom to provide services in
       conjunction with Article 5 of the EC Treaty and
       Article 2 of the Act concerning the conditions of
       accession of the Republic of Austria, the Republic of                 Action brought on 18 June 1997 by the Commission
       Finland and the Kingdom of Sweden and the                             of the European Communities against the Portuguese
       adjustments to the Treaties on which the European                                                       Republic
       Union is founded ( OJ No C 241 , 29 . 8 . 1994, p. 21 ;
       OJ No L 1 , 1 . 1 . 1995, p. 1 ), give the provider of the                                       ( Case C-227/97)
       services referred to in question 1 above, who is                                                    ( 97/C 228/28 )
       resident in Austria, the right to assert that the
       prohibition issued in the terms set out in question 1 in
       an administrative decision ( Bescheid) adopted in 1990                An action against the Portuguese Republic was brought
       in regard to a specific person should not be applied in               before the Court of Justice of the European Communities
       decisions    of the      Austrian      courts and    authorities      on 18 June 1997 by the Commission of the European
       adopted after 1 January 1995 ?                                        Communities, represented by Francisco de Sousa Fialho,
                                                                             of its Legal Service, acting as Agent, with an address for
                                                                             service in Luxembourg at the office of Carlos Gomez de la
                                                                             Cruz, Wagner Centre, Kirchberg.