CELEX: C1998/026/04
Language: en
Date: 1998-01-24 00:00:00
Title: Reference for a preliminary ruling from the Oberster Gerichtshof by order of that court of 4 November 1997 in the case of Landesgrundverkehrsreferent der Tiroler Landesregierung v. (1) Herbert Kappes and (2) Edwin Neuner (Case C-395/97)

C 26/2                EN                  Official Journal of the European Communities                                    24.1.98
                 ORDER OF THE COURT                                  The applicant claims that the Court should:
                      (Second Chamber)
                                                                     Ð declare that, by not establishing programmes, which
                     of 16 October 1997
                                                                         incorporate quality objectives and set deadlines for
in Case C-140/96 P: Konstantinos Dimitriadis v. Court of                 their implementation, in order to reduce water
         Auditors of the European Communities (1)                        pollution caused by the 99 dangerous substances in the
                                                                         first indent of List II in the Annex to Council Directive
    (Appeal clearly inadmissible and clearly unfounded)                  76/464/EEC on pollution caused by certain dangerous
                         (98/C 26/02)                                    substances discharged into the aquatic environment of
                                                                         the Community (1) and, consequently, by not making
                                                                         the discharges which are made into its waters and are
                (Language of the case: Greek)                            liable to contain those substances subject to prior
                                                                         authorization from the authority which is to lay down
                                                                         the emission standards on the basis of quality
  (Provisional translation; the definitive translation will be           objectives set in the programmes, the Hellenic
         published in the European Court Reports)                        Republic has failed to fulfil its obligations under the
                                                                         Treaty and Article 7 of the Directive,
In Case C-140/96 P: Konstantinos Dimitriadis, former
official of the Court of Auditors of the European                    Ð order the Hellenic Republic to pay the costs.
Communities, residing in Luxembourg, represented by
Markos Papazissis, of the Thessalonica Bar, with an                  Pleas in law and main arguments adduced in support:
address for service in Luxembourg at the applicant's
home, 4A, Boulevard Grande-Duchesse Charlotte Ð
appeal against the judgment of the Court of First Instance           In accordance with the third paragraph of Article 189 of
of the European Communities (Third Chamber) of                       the EC Treaty, directives are binding, as to the result to be
28 February 1996 in Case T-294/94 Dimitriadis v. Court               achieved, upon each Member State to which they are
of Auditors [1996] ECR-SC I-A-51 and II-151) seeking to              addressed. In accordance with the first paragraph of
have that judgment set aside, the other party to the                 Article 5 of the Treaty, Member States are to take all
proceedings being: Court of Auditors of the European                 appropriate measures, whether general or particular, to
Communities (Agents: Jean-Marie Stenier, Christos                    ensure fulfilment of the obligations arising out of the
Komninos and Paolo Giusta) Ð the Court (Second                       Treaty or resulting from actions taken by the institutions
Chamber), composed of R. Schintgen, President of the                 of the Community.
Chamber, G. F. Mancini (Rapporteur) and G. Hirsch,
Judges; C. O. Lenz, Advocate-General; R. Grass,                      Under Article 7 of the Directive the Greek Republic had
Registrar, made an order on 16 October 1997, the                     to establish programmes in order to reduce pollution of its
operative part of which is as follows:                               waters by the substances laid down by the Directive;
                                                                     however, it had failed to give notice of such programmes
                                                                     up until the time when the Commission lodged this
1. The appeal is dismissed.
                                                                     application.
2. The appellant is odered to pay the costs.                         (1) OJ L 129, 18.5.1976, p. 23.
(1) OJ C 210, 20.7.1996.
                                                                     Reference for a preliminary ruling from the Oberster
                                                                     Gerichtshof by order of that court of 4 November 1997 in
                                                                     the case of Landesgrundverkehrsreferent der Tiroler
Action brought on 10 November 1997 by the Commission                 Landesregierung v. (1) Herbert Kappes and (2) Edwin
of the European Communities against the Hellenic                                                  Neuner
                           Republic
                                                                                            (Case C-395/97)
                       (Case C-384/97)
                                                                                              (98/C 26/04)
                         (98/C 26/03)
                                                                     Reference has been made to the Court of Justice of the
An action against the Hellenic Republic was brought                  European Communities by an order of the Oberster
before the Court of Justice of the European Communities              Gerichtshof (Supreme Court), Austria, of 4 November
on 10 November 1997 by the Commission of the                         1997, which was received at the Court Registry on
European Communities, represented by Maria Kondou-                   25 November 1997, for a preliminary ruling in the case of
Durande, of its Legal Service, with an address for service           Landesgrundverkehrsreferent der Tiroler Landesregierung
in Luxembourg at the office of Carlos Gómez de la Cruz,              v. (1) Herbert Kappes and (2) Edwin Neuner on the
of its Legal Service, Wagner Centre, Kirchberg.                      following question:
 ---pagebreak--- 24.1.98              EN                  Official Journal of the European Communities                                        C 26/3
Is Article 70 of the Act concerning the conditions of               the time-limits for transposition laid down in directives.
accession of the Republic of Austria, the Republic of               The time-limit here passed on 31 December 1995 without
Finland and the Kingdom of Sweden and the adjustments               the Italian Republic having adopted the provisions
to the Treaties on which the European Union is                      necessary to comply with the Directive referred to in the
founded (1), which provides that notwithstanding the                forms of order sought by the Commission.
obligations under the treaties on which the European
Union is founded the Republic of Austria may maintain its           (1) OJ L 243, 11.10.1995, p. 16.
existing legislation regarding secondary residences for five
years from the date of accession (1 January 1995), to be
interpreted as meaning that the transitional provisions
in Paragraph 40(2) and (5) of the Tiroler
Grundverkehrsgesetz 1996 (Landesgesetzblatt für Tirol
No 61/1996), which entered into force on 1 October
1996, fall within the definition of existing legislation, or        Action brought on 25 November 1997 by the Commission
are those provisions to be regarded as new legislation               of the European Communities against the Italian Republic
if, as a result of decisions of the Austrian                                                 (Case C-397/97)
Verfassungsgerichtshof, the provisions of previous Tyrol
laws on the sale of land were not applicable in the present                                    (98/C 26/06)
case?
                                                                    An action against the Italian Republic was brought before
(1) OJ C 241, 29.8.1994, p. 1.                                      the Court of Justice of the European Communities on
                                                                    25 November 1997 by the Commission of the European
                                                                    Communities, represented by Francesco Ruggeri Laderchi
                                                                    and GeÂrard Berscheid, of its Legal Service, acting as
                                                                    Agents, with an address for service in Luxembourg at the
                                                                    office of Carlos Gómez de la Cruz, Wagner Centre,
Action brought on 25 November 1997 by the Commission                Kirchberg.
 of the European Communities against the Italian Republic
                       (Case C-396/97)                              The applicant claims that the Court should:
                         (98/C 26/05)
                                                                    Ð declare that, by failing to bring into force the laws,
                                                                         regulations and administrative provisions necessary to
An action against the Italian Republic was brought before                comply with Council Directive 93/120/EC of
the Court of Justice of the European Communities on                      22 December 1993 amending Directive 90/539/EEC
25 November 1997 by the Commission of the European                       on animal health conditions governing intra-
Communities, represented by Francesco Ruggeri Laderchi                   Community trade in and imports from third countries
and GeÂrard Berscheid, of its Legal Service, acting as                   of poultry and hatching eggs (1), or in any event by
Agents, with an address for service in Luxembourg at the                 failing to notify those provisions, the Italian Republic
office of Carlos Gómez de la Cruz, Wagner Centre,                        has failed to fulfil its obligations under that Directive,
Kirchberg.
                                                                    Ð declare that, by failing to bring into force the laws,
The applicant claims that the Court should:                              regulations and administrative provisions necessary to
                                                                         comply with Council Directive 93/121/EC of
                                                                         22 December 1993 amending Directive 91/494/EEC
Ð declare that, by failing to bring into force the laws,                 on animal health conditions governing intra-
     regulations and administrative provisions necessary to              Community trade in and imports from third countries
     comply with Directive 95/25/EC of 22 June 1995                      of fresh poultrymeat (2), or in any event by failing to
     amending Directive 64/432/EEC on health problems                    notify those provisions, the Italian Republic has failed
     affecting intra-Community trade in bovine animals                   to fulfil its obligations under that Directive,
     and swine (1), or in any event by failing to notify those
     provisions, the Italian Republic has failed to fulfil its
     obligations under that Directive,                              Ð order the Italian Republic to pay the costs of the
                                                                         proceedings.
Ð order the Italian Republic to pay the costs of the
     proceedings.                                                   Pleas in law and main arguments adduced in support:
Pleas in law and main arguments adduced in support:                 Article 189 of the EC Treaty, under which a directive is
                                                                    binding, as to the result to be achieved, upon each
                                                                    Member State to which it is addressed, involves an
Article 189 of the EC Treaty, under which a directive is            obligation on the part of Member States to comply with
binding, as to the result to be achieved, upon each                 the time-limits for transposition laid down in directives.
Member State to which it is addressed, involves an                  The time-limit here passed on 1 January 1995 without the
obligation on the part of Member States to comply with              Italian Republic having adopted the provisions necessary