CELEX: C1997/199/20
Language: en
Date: 1997-06-28 00:00:00
Title: Reference for a preliminary ruling from the Staatsgerichtshof des Landes Hessen by order of that court of 16 April 1997 in the application for review of legislative provisions brought by Georg Badeck and other members and former members of the Hessischer Landtag, interveners: Hessischer Ministerpräsident and Landesanwalt beim Staatsgerichtshof des Landes Hessen (Case C-158/97)

No C 199/ 10           EN                  Official Journal of the European Communities                                         28 . 6 . 97
(EEC) No 2658/87 on the tariff and statistical                        Reference for a preliminary ruling by the Commissione
nomenclature and on the Common Customs Tariff must                    Tributaria Provinciale di Milano — Sezione XII — by
be interpreted as meaning that Echinacea purpurea                     order of that court of 24 March 1997 in the case of AGAS
extract-based drops must be classified under heading                  (Abbruzzi       Gas    Agas )      SpA   against Amministrazione
3004 .                                                                                                 Tributaria
                                                                                                 ( Case C-152/97 )
(') OJ No C 46, 17. 2 . 1996 .                                                                     ( 97/C 199/ 19 )
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by order of the Commissione
                                                                      Tributaria Provinciale di Milano ( Provincial Tax Court,
                                                                      Milan ) — Sezione XII (Twelfth Chamber ) — of 24 March
Action brought on 16 April 1997 by the Commission of                  1997, received at the Court Registry on 21 April 1997, for
  the European Communities against the Hellenic Republic              a preliminary ruling in the case of AGAS ( Abbruzzi Gas
                          Case C-146/97                               Agas ) SpA against Amministrazione Tributaria on the
                                                                      following question :
                          ( 97/C 199/ 18 )
                                                                      Do the provisions on the harmonization of indirect taxes
                                                                      on contributions of capital to capital companies ( ! ) in the
An action against the Hellenic Republic was brought                   Union also include merger by acquisition of one company
before the Court of Justice on 16 April 1997 by the                   by another company which already owns 100% of the
Commission of the European Communities, represented                   capital of the former ?
by Maria Kondou-Durande, of its Legal Service, with an
address for service in Luxembourg at the office of Carlos             (') Article 4 of Directive 69/335/EEC of 17 July 1969 ( OJ No
Gomez de la Cruz, also of the Commission's Legal                          L 249 , 3 . 10 . 1969 , p. 5 ), amended by Directives 73/80/EEC
Service, Wagner Centre, Kirchberg.                                        of 9 April 1973 ( OJ No L 103 , 18 . 4 . 1973 , p. 15 ) and 85/
                                                                          303/EEC of 10 June 1985 ( OJ No L 156 , 15 . 6 . 1985 , p. 23 ).
The applicant claims that the Court should:
— declare that, by failing to adopt within the period
     prescribed the laws, regulations and administrative              Reference for a preliminary ruling from the
     provisions necessary to comply with Commission                   Staatsgerichtshof des Landes Hessen by order of that court
     Directive 93/70/EEC of 28 July 1993 establishing                 of 16 April 1997 in the application for review of
     Community analysis methods for official control of               legislative provisions brought by Georg Badeck and
     feedingstuffs ('), the Hellenic Republic has failed to           other members and former members of the Hessischer
     fulfil its obligations under the EC Treaty and that              Landtag, interveners: Hessischer Ministerprasident and
     Directive ,                                                        Landesanwalt beim Staatsgerichtshof des Landes Hessen
                                                                                                   Case C-158/97 )
— order the Hellenic Republic to pay the costs .                                                    ( 97/C 199/20 )
Pleas in law and main arguments adduced in support:                   Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of the
                                                                      Staatsgerichtshof des Landes Hessen ( State Constitutional
Under the third paragraph of Article 189 of the Treaty                Court, Hessen ) of 16 April 1997, which was received at
establishing the European Community, a directive is to be             the Court Registry on 24 April 1997, for a preliminary
binding, as to the result to be achieved, upon each                   ruling in the application for review of legislative
Member State to which it is addressed . Under the first               provisions brought by Georg Badeck and other
paragraph of Article 5 of the Treaty, the Member States               members        and    former        members    of  the   Hessischer
are to take all appropriate measures, whether general or              Landtag, interveners : Hessischer Ministerprasident and
particular, to ensure fulfilment of the obligations arising           Landesanwalt beim Staatsgerichtshof des Landes Hessen,
out of the Treaty or resulting from action taken by the               on the following question :
institutions of the Community. The Hellenic Republic has
not yet taken the appropriate measures to transpose the               Does Article 2 ( 1 ) and (4 ) of Council Directive 76/207/
Directive in question fully into the Greek legal system.              EEC of 9 February 1976 on the implementation of the
                                                                      principle of equal treatment for men and women as
 (*) OJ Nd L 234, 17. 9 . 1993 , p . 17 .                             regards access to employment, vocational training and
                                                                      promotion, and working conditions ( OJ No L 39 , 14 . 2 .
                                                                       1976, p. 40, hereinafter 'the Equal Treatment Directive')
                                                                      preclude national rules under which :
 ---pagebreak--- 28 . 6 . 97           EN                  Official Journal of the European Communities                                  No C 199/ 11
1 . in cases of under-representation under paragraph 3 ( 1 )             Republic has failed to fulfil its obligations under
     and (2 ) of the Hessen Equal Rights Law ( HGlG )                    Article 8 of Directive 83/189/EEC H laying down a
     selection decisions under paragraph 10 of the HGlG,                 procedure for the provision of information in the field
     where a woman and a man applicant have equal                        of technical standards and regulations,
     qualifications, must because of the binding nature of
     the targets in the women's advancement plan under
     paragraph 5 ( 3 ) and ( 4 ) of the HGlG be in favour of         — order the Italian Republic to pay the costs of the
     the woman applicant in the individual case, at least if             proceedings .
     that is necessary for fulfilling the targets and no
     reasons of greater legal weight are opposed;
                                                                     Pleas in law and main arguments adduced in support:
2 . the binding targets of the women's advancement plan
     for posts in the academic service to be filled for fixed        In view of the fact that the description ' Italian-type rural
     terms    and   for  academic assistants     must,   under       cock' has not been authorized by the Commission on the
     paragraph 5 ( 7 ) of the HGlG, provide for at least the         basis of any other Community rule ( for instance, as a
     same proportion of women as the proportion of                   designation of origin or geographical indication ) and that
     women among graduates ( subparagraph 7, sentence 1 ),           consequently it is indubitably subject to the arrangements
     holders of higher degrees ( subparagraph 7, sentence 2 )        laid down for technical standards by Directive 83/189/
     or students ( subparagraph 7, sentence 3 ) in the faculty       EEC, the Commission submits that, by adopting the
     in question;                                                    Decree of 17 December 1990 without having notified it at
                                                                     the draft stage, the Italian Republic has failed to fulfil its
3 . in training-based professions in which women are                 obligations under Article 8 ( 1 ) of Directive 83/189/EEC.
     under-represented, under paragraph 7 ( 1 ) of the HGlG
     women are to be taken into account to the extent of at
                                                                     In the    Commission's view, the           Italian  Government
     least one half in allocating training places, except in         adopted the decree in question with the main purpose of
     the case of training courses in which the State                 introducing a technical regulation within the meaning of
     exclusively provides training;                                  Article 1 ( 5 ) of Directive 83/189/EEC.
4. in sectors in which women are under-represented,
     under paragraph 9 ( 1 ) of the HGlG at least as many            In the light of the provisions at issue as a whole, it is
     women as men, or all the women applicants, are to be            evident that they are designed to lay down the
     called to interview if they satisfy the conditions laid         characteristics which products must display for the
     down by law or otherwise for appointment to the post            purpose of being marketed under the mark in question, or
     or the office to be conferred;                                  to describe the processes relating to their production. Any
                                                                     other provision contained therein is of a merely ancillary
                                                                     nature and function in relation to the prescription of a
5 . in making appointments to commissions, advisory                  technical standard .
     boards, boards of directors and supervisory boards
     and other collegiate bodies, under paragraph 14 of the
     HGlG at least half the members should be women ?                The Commission further submits that the breach of the
                                                                     notification procedure laid down by the Directive means
                                                                     that the technical regulation at issue cannot be relied on
                                                                     as against third parties.
                                                                     (') OJ No L 109, 26 . 4 . 1983 , p . 8 .
Action brought on 25 April 1997 by the Commission of
   the European Communities against the Italian Republic
                        (Case C-160/97)
                         ( 97/C 199/21 )
An action against the Italian Republic was brought before            Reference for a preliminary ruling by the Divisional
the Court of Justice of the European Communities on                  Court, High Court of Justice, Queen's Bench Division, by
                                                                     order of that court of 13 March 1997, in the case of The
25 April 1997 by the Commission of the European
Communities, represented by Paolo Stancanelli, of its                Queen against Secretary of State for Defence, ex parte:
                                                                                               Terence Perkins
Legal Service, acting as Agent, with an address for service
in Luxembourg at the office of Carlos Gomez de la Cruz,                                       ( Case C-168/97)
Wagner Centre, Kirchberg.
                                                                                                ( 97/C 199/22 )
The applicant claims that the Court should :
                                                                      Reference has been made to the Court of Justice of the
— declare that, by adopting the Decree of the Ministry of             European Communities by an order of the Divisional
      Agriculture and Forests of 17 December 1990 without             Court, High Court of Justice, Queen's Bench Division, of
      having notified it at the draft stage, the Italian              13 March 1997, which was received at the Court Registry