CELEX: C1996/145/11
Language: en
Date: 1996-05-18 00:00:00
Title: Reference for a preliminary ruling by the Verwaltungsgericht Darmstadt by order of that court of 29 February 1996 in the administrative proceedings between Kasim Ertanir and Land Hessen (Case C-98/96)

18 . 5 . 96             EN                  Official Journal of the European Communities                                       No C 145/5
Action brought on 23 March 1996 by the Commission of                             Reference for a preliminary ruling from the
the European Communities against the Hellenic Republic                 Oberlandesgericht Diisseldorf by decision of that court of
                          ( Case C-91 /96 )                            22 November 1995 in the commercial register proceedings
                                                                            concerning Daihatsu Deutschland GmbH ( appellant:
                            ( 96/C 145/09 )                                      Verband Deutscher Daihatsu-Hàndler e.V. )
                                                                                                  ( Case C-97/96 )
An action against the Hellenic Republic was brought before                                          ( 96/C 145/ 10 )
the Court of Justice of the European Communities on
23 March 1996 by the Commission of the European                        Reference has been made to the Court of Justice of the
Communities, represented by Maria Kontou Durande, of its               European Communities by a decision of the Third Civil
Legal Service, with an address for service in Luxembourg at            Chamber of the Oberlandesgericht ( Higher Regional
the office of Carlos Gômez de la Cruz, also of the Legal               Court), Diisseldorf, of 22 November 1995 , which was
Service, Wagner Centre, Kirchberg.                                     received at the Court Registry on 26 March 1996 , for a
                                                                       preliminary ruling in the commercial register proceedings
                                                                       concerning Daihatsu Deutschland GmbH ( appellant:
The applicant claims that the Court should:                            Verband Deutscher Daihatsu-Hàndler                  e .V. ) on the
                                                                       following question :
1 . Declare that, by failing to bring into force within                Does Article 6 of the First Council Directive 68/ 151 /EEC on
      the prescribed period the laws, regulations and                  company law of 9 March 1 96 8 ( 1 ) have direct effect if under
      administrative provisions necessary to comply with:              German law the ( sole ) penalty to ensure enforcement of the
                                                                       duty to disclose the yearly accounts of a private limited
      ( a ) Council Directive 92/118/EEC of 17 December                company is the imposition by the Registration Court of an
            1992 laying down animal health and public health           administrative fine of up to DM 10 000, but the
            requirements governing trade in and imports into           Registration Court may intervene only on application from
            the Community of products not subject to the said          a partner, a creditor or the company's works council, and
            requirements laid down in specific Community               does any such possible direct effect of that provision mean
            rules referred to in Annex A ( I ) to Directive            that, in addition to the persons entitled under German law
            89/662/EEC and, as regards pathogens, to Directive         to make an application, any person may apply for an
            90/425/EEC ( t ),                                          administrative fine to be imposed or that such a right is
                                                                       available at least to an association of traders which under its
      ( b ) Council Directive 93/52/EEC of 24 June 1993                articles of association must protect the interests of its
            amending Directive 89/556/EEC on animal health             members who have a contractual relationship with the
            conditions governing intra-Community trade in              private limited company which has failed to comply with its
            and importation from third countries of embryos of         duty to disclose those accounts ?
            domestic animals of the bovine species ( 2 ),              (') OJ, English Special Edition 1968 ( I ), p. 41 .
      the Hellenic Republic has failed to fulfil the obligations
      imposed on it by the Treaty and by those Directives .
                                                                                  Reference for a preliminary ruling by the
2 . Order the Hellenic Republic to pay the costs.                      Verwaltungsgericht Darmstadt by order of that court of
                                                                            29 February 1996 in the administrative proceedings
                                                                                  between Kasim Ertanir and Land Hessen
Pleas in law and main arguments                                                                   ( Case C-98/96 )
                                                                                                    ( 96/C 145/11 )
The period within which the Member States were to adopt
the measures necessary to transpose Directives 92/118/EEC              Reference has been made to the Court of Justice of the
and 93/52/EEC expired on 1 January 1994 .                              European Communities by an order of the
                                                                       Verwaltungsgericht ( Administrative Court ) Darmstadt —
                                                                       Fifth Chamber — of 29 February 1996 , which was received
The Hellenic Republic has not yet communicated the                     at the Court Registry on 26 March 1996, for a preliminary
adoption of such measures, notwithstanding the formal
                                                                       ruling in the administrative proceedings between Kasim
notice and the reasoned opinion addressed to it by the
Commission .
                                                                       Ertanir and Land Hessen on the following questions :
                                                                       ( a ) What are the consequences, for the maintenance of
Accordingly, it should be declared that it has failed to fulfil               work and residence permits, of breaks in lawful
its obligations .                                                             residence or periods of work without a work permit
                                                                              with regard to claims that have already arisen under
                                                                              Article 6 ( 1 ) of Decision No 1 /80 of the EEC-Turkey
(') OJ No L 62, 15 . 3 . 1993 , p . 49.                                       Association Council on the development of the
( 2 ) OJ No L 175 , 19 . 7. 1993 , p . 21 .                                   Association ( published in the Official Reports of the
                                                                              Federal Institution of Labour [ANBA] 1981 , p . 4 ) —
                                                                              hereinafter abbreviated to ' Decision No 1 /80 ' — in so
                                                                              far as such defective periods are not treated under
 ---pagebreak--- No C 145/6                EN                 Official Journal of the European Communities                                      18 . 5 . 96
        Article 6 ( 2 ) of Decision No 1 /80 as periods of legal        If either the first or the second and third questions are
        employment ?                                                    answered in the negative :
 ( b ) Is a Turkish employee who holds work and residence               4 . Does the possibility provided for in Articles 289 to
        permits entitling him to work as a specialist chef duly              297 of the Netherlands Wetboek van Burgerlijke
        registered as belonging to the labour force of a Member              Rechtsvordering ( Code of Civil Procedure ) for
        State within the meaning of Article 6 ( 1 ) of Decision              obtaining a judgment ordering payment of contractual
        No 1 /80 even in the case where he was aware from the
                                                                             consideration through application for an immediate
         beginning of his residence in that Member State that he             interim order by way of an abbreviated procedure ('kort
        would be granted a residence permit only for a total                 geding') constitute a provisional measure within the
        period of validity of three years and only in order                  meaning of Article 24 of the Brussels Convention ?
        to carry out a specified activity with a named
        employer ?
 ( c ) If the Court of Justice should take the view that a
        person as described in question ( b ) is duly registered as
        belonging to the labour force of a Member State, does
        the power under Article 6 ( 3 ) of Decision No 1 /80
        entitle Member States to create rights of residence that        Reference for a preliminary ruling by the High Court of
        do not from the outset form part of the benefits under         Justice, Queen's Bench Division, by order of that court of
        Article 6 ( 1 ) of Decision No 1 /80 ?                          3 November 1995 , in the case of The Queen against
                                                                        Ministry of Agriculture, Fisheries and Food, ex parte:
                                                                                      British Agrochemicals Association Ltd
                                                                                                 ( Case C-100/96 )
                                                                                                   ( 96/C 145/ 13 )
Reference for a preliminary ruling by the Bundesgerichtshof
by order of that court of 29 February 1996 in the appeal on a
point of law brought by Hans-Hermann Mietz against the                  Reference has been made to the Court of Justice of the
    limited-liability company Intership Yachting Sneek BY               European Communities by an order of the High Court of
                                                                       Justice , Queen's Bench Division, of 3 November 1995 ,
                           ( Case C-99/96 )                             which was received at the Court Registry on 25 March
                             ( 96/C 145/12 )                            1996 , for a preliminary ruling in the case of The Queen
                                                                       against Ministry of Agriculture, Fisheries and Food, ex
Reference has been made to the Court of Justice of                     parte: British Agrochemicals Association Ltd, on the
the European Communities by an order of the                             following questions :
Bundesgerichtshof ( Federal Court of Justice ) — Ninth Civil
Chamber — of 29 February 1 996 , which was received at the              1 . Does Council Directive 91 /414/EEC ( ! ) of 15 July 1991
Court Registry on 26 March 1 996 , for a preliminary ruling                 concerning the placing of plant protection products on
in the appeal on a point of law brought by Hans-Hermann                     the market as amended allow a Member State to permit
Mietz against the limited-liability company Intership                       the placing on the market of a plant protection product
Yachting Sneek BV on the following questions :                              imported from another EEA State or from a third
                                                                            country because the Member State considers that
1 . Is there a sale of goods on instalment credit terms within            . product to be identical to a master plant protection
       the meaning of point ( 1 ) of the first paragraph of                 product which has already been authorized by that
       Article 13 of the Brussels Convention in the case where,             Member State pursuant to Articles 4 ( 1 ) or 8 ( 2 ) of the
       in a document described by the parties as a 'contract of             Directive, when the imported product is deemed to be
       sale', one of the parties undertakes to manufacture a                identical to the master product if:
       specific type of motor yacht with nine specified
       alterations and to transfer it to the other party, and the
                                                                              ( i ) the active ingredient in the imported product is
       latter is required to pay DM 250 000 for it in five                          manufactured by the same company ( or by an
       instalments ?
                                                                                    associated undertaking or under licence ) as the
If the first question is answered in the negative:                                  active ingredient of the master product and is the
                                                                                    same within variations accepted by the registration
2 . Is the contract described under ( 1 ) a contract for the                        authority; and
      supply of goods within the meaning of point ( 3 ) of
      the first paragraph of Article 13 of the Brussels                     ( ii ) the formulation of the imported product is
       Convention ?                                                                 produced by the same company ( or by an
                                                                                    associated undertaking or under licence ) as that of
3 . Under the second paragraph of Article 34 of the Brussels                        the master product and any differences in the
      Convention , in conjunction with the second paragraph                         nature, quality and quantity of the components are
      of Article 28 thereof, must account also be taken of new                      deemed by the registration authority to have no
      facts which, according to the debtor, establish that the                      material effect on the safety of humans, domestic
      court of the State of origin breached the provisions of                       animals, livestock, wildlife or the environment
      Section 4 of Title II of that Convention ?                                    generally, or on efficacy ?