CELEX: C2002/169/35
Language: en
Date: 2002-07-13 00:00:00
Title: Case C-168/02: Reference for a preliminary ruling by the Oberster Gerichtshof (Austria) by order of that Court of 9 April 2002 in the case of Rudolf Kronhofer against (1) Marianne Maier, (2) Christian Möller, (3) Wirich Hofius and (4) Zeki Karan

13.7.2002               EN                   Official Journal of the European Communities                                      C 169/19
The Commission of the European Communities claims that                  Action brought on 8 May 2002 by the Commission of the
the Court should:                                                        European Communities against the Portuguese Republic
—     declare that, by failing to communicate measures trans-
      posing into national law the provisions of Directive                                       (Case C-171/02)
      1999/94/EC of the European Parliament and of the
      Council of 13 December 1999 relating to the availability
      of consumer information on fuel economy and CO2                                           (2002/C 169/36)
      emissions in respect of the marketing of new passenger
      cars (1), or at any rate by not informing the Commission
      fully thereof, the French Republic has failed to fulfil its
      obligations under that directive;
                                                                        An action against the Portuguese Republic was brought before
                                                                        the Court of Justice of the European Communities on 8 May
—     order the French Republic to pay the costs.                       2002 by the Commission of the European Communities,
                                                                        represented by Maria Patakia and António Caeiros, acting as
                                                                        Agents.
Pleas in law and main arguments
                                                                        The applicant claims that the Court should:
The time-limit for transposition expired on 18 January 2001.
                                                                        I.   Declare that:
(1) OJ L 12 of 18 January 2000, p. 16.
                                                                             1.   inasmuch as the system for issuing authorisations
                                                                                  by the Ministro de Administração Interna requires
                                                                                  that foreign undertakings, in the private security
                                                                                  services sector, wishing to pursue in Portugal activi-
                                                                                  ties in the security sector in respect of persons and
                                                                                  property:
Reference for a preliminary ruling by the Oberster
Gerichtshof (Austria) by order of that Court of 9 April                           (a)   must have their main offices in or be estab-
2002 in the case of Rudolf Kronhofer against (1) Marianne                               lished in Portugal;
Maier, (2) Christian Möller, (3) Wirich Hofius and (4) Zeki
                               Karan
                                                                                  (b) cannot rely on the guarantees already submit-
                          (Case C-168/02)                                               ted in their Member State of origin;
                         (2002/C 169/35)                                          (c)   must have legal personality;
                                                                                  (d) must have a specific amount of capital;
Reference has been made to the Court of Justice of the
European Communities by order of the Oberster Gerichtshof
                                                                             2.   inasmuch as the employees of foreign security
(Supreme Court) of 9 April 2002, received at the Court
                                                                                  undertakings, in the private security services sector,
Registry on 6 May 2002, for a preliminary ruling in the case
                                                                                  wishing to pursue in Portugal security services
of Rudolf Kronhofer against (1) Marianne Maier, (2) Christian
                                                                                  activities in respect of persons and property must be
Möller, (3) Wirich Hofius and (4) Zeki Karan on the following
                                                                                  in possession of an employer’s identity card issued
question:
                                                                                  by the Portuguese authorities;
Is the expression ‘place where the harmful event occurred’
contained in Article 5(3) of the Convention on jurisdiction                  3.   inasmuch as work in the private security sector is not
and the enforcement of judgments in civil and commercial                          covered by the Community system of recognition of
matters of 27.9.1968 (‘the Convention’) to be construed in                        professional qualifications;
such a way that, in the case of purely financial damage arising
on the investment of part of the injured party’s assets, it also
encompasses in any event the place where the injured party is                the Portuguese Republic has failed to fulfil its obligations
domiciled if the investment was made in another Member                       under Articles 39, 43 and 49 of the EC Treaty and
State of the Community?                                                      Directive 92/51/EEC (1);
                                                                        II.  Order the Portuguese Republic to pay the costs.