CELEX: C2000/163/27
Language: en
Date: 2000-06-10 00:00:00
Title: Case C-121/00: Reference for a preliminary ruling by the Bezirksgericht Innere Stadt Wien by order of 21 March 2000 in the criminal proceedings against Walter Hahn

C 163/16              EN                     Official Journal of the European Communities                                      10.6.2000
Reference for a preliminary ruling by the Bezirksgericht                civil subsonic jet aeroplanes’ as including ‘civil subsonic jet
Innere Stadt Wien by order of 21 March 2000 in the                      aeroplanes’ as defined at Article 2(1) thereof that have been
         criminal proceedings against Walter Hahn                       modified to meet Chapter 3 standards by being completely re-
                                                                        engined with engines having a by-pass ratio of less than three
                        (Case C-121/00)                                 having regard in particular to:
                        (2000/C 163/27)                                 I.   the duty to give reasons under Article 253 of the EC Treaty
Reference has been made to the Court of Justice of the                  II. the principle of equal treatment
European Communities by order of 21 March 2000 by the
Bezirksgericht Innere Stadt Wien (Inner City of Vienna District         III. the principle of proportionality
Court), which was received at the Court Registry on 30 March
2000, for a preliminary ruling in criminal proceedings against          IV. the compatibility of that provision with the Agreement
Walter Hahn on the following questions:                                      establishing the World Trade Organisation and in particu-
                                                                             lar the Agreement on Technical barriers to Trade annexed
Is Council Directive 91/493/EEC of 22 July 1991 (1) laying                   thereto.
down the health conditions for the production and the placing
on the market of fishery products, which has been incorporated
into national law by the Verordnung der Bundesministerin für            (1) OJ L 115, 04.05.1999, p. 1 and Corrigendum OJ L 120,
Frauenangelegenheiten und Verbraucherschutz über Hygiene-                   08.05.1999, p. 47.
bestimmungen für das Inverkehrbringen von Fischerzeugnis-
sen (Fischhygieneverordnung, BGBl. No 260/1997) (Order of
the Federal Minister for Women and Consumer Protection
concerning health regulations for the placing on the market of
fishery products), to be interpreted in its entirety as precluding
the application of provisions of national law which, in respect
of fishery products not chemically preserved (in particular,
smoked salmon), lay down a policy of zero tolerance towards
contamination of such foods with listeria monocytogenes?                Action brought on 30 March 2000 by the Commission of
                                                                        the European Communities against the Hellenic Republic
(1) OJ 1991 L 268, p. 15.
                                                                                                 (Case C-124/00)
                                                                                                 (2000/C 163/29)
                                                                        An action against the Hellenic Republic was brought before
Reference for a preliminary ruling by the High Court,                   the Court of Justice of the European Communities on 30 March
Dublin, by order of that court of 21 March 2000, in the                 2000 by the Commission of the European Communities,
case of Omega Air Ltd, Aero Engines Ireland Ltd and                     represented by Richard Wainwright, Principal Legal Adviser in
Omega Aviation Services Ltd against the Irish Aviation                  its Legal Service, and Panagiotis Panagiotopoulos, a national
                           Authority                                    civil servant on secondment to its Legal Service, with an
                                                                        address for service in Luxembourg at the office of Carlos
                        (Case C-122/00)                                 Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                        Kirchberg.
                        (2000/C 163/28)
                                                                        The Commission claims that the Court should:
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court, Dublin              — declare that, by not adopting and by not communicating
of 21 March 2000, which was received at the Court Registry                   to the Commission, within the time-limit laid down, the
on 23 March 2000, for a preliminary ruling in the case of                    laws, regulations and administrative provisions necessary
Omega Air Ltd, Aero Engines Ireland Ltd and Omega Aviation                   to comply fully with Directive 97/54/EC of the European
Services Ltd against the Irish Aviation Authority, on the                    Parliament and of the Council of 23 September 1997 (1)
following question:                                                          amending, as regards the maximum design speed of
                                                                             wheeled agricultural or forestry tractors, Council Directives
Is Article 2(2) of Council Regulation (EC) No 925/1999 (1) of                74/150/EEC, 74/151/EEC, 74/152/EEC, 74/346/EEC,
the 29th day of April 1999 on the registration and operation                 74/347/EEC, 75/321/EEC, 75/322/EEC, 76/432/EEC,
within the Community of certain types of civil subsonic jet                  76/763/EEC, 77/311/EEC, 77/537/EEC, 78/764/EEC,
aeroplanes which have been modified and recertificated as                    78/933/EEC, 79/532/EEC, 79/533/EEC, 80/720/EEC,
meeting the standards of Volume 1 Part II Chapter 3 of Annex                 86/297/EEC, 86/415/EEC and 89/173/EEC, the Hellenic
16 to the Convention on International Civil Aviation third                   Republic has failed to fulfil its obligations under the EC
edition (July 1993) invalid is so far as it defines ‘recertificated          Treaty;