CELEX: C1998/278/54
Language: en
Date: 1998-09-05 00:00:00
Title: Action brought on 17 July 1998 by the Commission of the European Communities against the Kingdom of Spain (Case C-274/98)

5.9.98                 EN                  Official Journal of the European Communities                                    C 278/29
31 March 1998, which were received at the Court                       Action brought on 17 July 1998 by the Commission of the
Registry on 20 July 1998, for a preliminary ruling in the                 European Communities against the Kingdom of Spain
cases of Salvat Editores SA and J. CompanÄ Calbuig                                              (Case C-274/98)
(C-265/98), Salvat Editores SA and G. Caminati (C-266/
98), OceÂano Grupo Editorial SA and R. Bogas CardenÄosa                                          (98/C 278/54)
(Case C-267/98), OceÂano Grupo Editorial SA and M.
Casas MingueÂlez (C-268/98), Planeta CreÂdito SA and A.
Villar Castelao (C-269/98), Artel SA and P. López Aznar               An action against the Kingdom of Spain was brought
(C-270/98), Salvat Editores SA and J. A. Serrano Garrido              before the Court of Justice on 17 July 1998 by the
(C-271/98), and Artel SA and F. Arencom Salazar (C-272/               Commission of the European Communities, represented
98).                                                                  by Eric Gippini Fournier and Francisco de Sousa Fialho,
                                                                      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, Kirchberg.
The grounds of the order for reference and the question
on which a ruling is sought by Juzgado de Primera
Instancia No 35, Barcelona, are similar to those in Joined            The applicant claims that the Court of Justice should:
Cases C-240/98 to C-244/98 (1).
                                                                      Ð declare that, by failing to establish action programmes
                                                                           pursuant to Article 5 of Council Directive 91/676/EEC
( ) See p. 21 of this Official Journal.
 1
                                                                           of 12 December 1991 concerning the protection of
                                                                           waters against pollution caused by nitrates from
                                                                           agricultural sources (1), the Kingdom of Spain has
                                                                           failed to fulfil its obligations under the EC Treaty;
                                                                      Ð order the defendant to pay the costs.
Reference for a preliminary ruling by the Bundesfinanzhof
by order of that court of 14 May 1998 in the case of                  Pleas in law and main arguments adduced in support:
      Hans-Josef Schlebusch against Hauptzollamt Trier
                         (Case C-273/98)                              The binding nature of the third paragraph of Article 189
                                                                      and of Article 5 of the EC Treaty means that Member
                           (98/C 278/53)                              States must adopt the measures necessary to give effect to
                                                                      the Directive before the end of the period appointed for
                                                                      that purpose. Since the initial designation of vulnerable
                                                                      zones was to be effected within two years after
Reference has been made to the Court of Justice of the                notification of the Directive (Article 3(2)), the period for
European Communities by order of the Seventh Senate of                drawing up the action programmes provided for in
the Bundesfinanzhof (Federal Finance Court) of 14 May                 Article 5 expired in December 1995.
1998, received at the Court Registry on 20 July 1998, for
a preliminary ruling in the case of Hans-Josef Schlebusch
                                                                      (1) OJ L 375, 31.12.1991, p. 1; corrigendum: OJ L 92,
against Hauptzollamt (Principal Customs Office) Trier on                  16.4.1993, p. 51.
the following question:
Is the first sentence of Article 3a(3) of Council Regulation
(EEC) No 857/84 (1), as amended by Regulation (EEC)
No 1639/91 (2), to be interpreted as meaning that a milk
                                                                      Reference for a preliminary ruling by Klagenñvnet
producer is to be allocated a definitive special reference
                                                                      for Udbud, by an order of 15 July 1998 in the case
quantity even where, in the period laid down in that
                                                                      of Unitron Scandinavia A/S and 3-S A/S, Danske
provision, he did not use the special reference quantity
                                                                      Svineproducenters Serviceselskab v. Ministeriet for
provisionally allocated to him for a corresponding increase
                                                                                      Fùdevarer, Landbrug og Fiskeri
in his milk production, but temporarily transferred to
another business that part of his milk quota corresponding                                      (Case C-275/98)
to the original reference quantity held by his business in                                       (98/C 278/55)
addition to the provisionally allocated special reference
quantity?
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of Klagenñvnet for
( ) Council Regulation (EEC) No 857/84 adopting general rules
 1
    for the application of the levy referred to in Article 5c of      Udbud (Danish Procurement Review Board), which was
    Regulation (EEC) No 804/68 in the milk and milk products          received at the Court Registry on 20 July 1998, for a
    sector (OJ L 90, 1.4.1984, p. 13).                                preliminary ruling in the case of Unitron Scandinavia A/S
(2) OJ L 150, 15.6.1991, p. 35.                                       and 3-S A/S, Danske Svineproducenters Serviceselskab v.
                                                                      Ministeriet for Fùdevarer, Landbrug og Fiskeri (Ministry
                                                                      of Foodstuffs, Agriculture and Fisheries) on the following
                                                                      questions: