CELEX: C2000/149/34
Language: en
Date: 2000-05-27 00:00:00
Title: Case C-71/00: Reference for a preliminary ruling by the Verwaltungsgerichtshof by order of that court of 17 February 2000 in the case of DEVELOP Baudurchführungs- und Stadtentwicklungs GmbH against Finanzlandesdirektion für Wien, Niederösterreich und Burgenland

C 149/20                EN                    Official Journal of the European Communities                                   27.5.2000
— order Ireland to pay the costs.                                        1998 without Ireland having enacted the provisions necessary
                                                                         to comply with the directive referred to in the conclusions of
                                                                         the Commission.
Pleas in law and main arguments
                                                                         (1) OJ L 333, 04.12.1997, p. 1.
Article 249 EC (ex Article 189 of the EC Treaty) under which             (2) Council Directive 76/769/EEC of 27 July 1976 (OJ L 262,
a directive shall be binding as to the result to be achieved,                27.09.76, p. 201).
upon each Member State, carries by implication an obligation
on the Member States to observe the period for compliance
laid down in the directive. That period expired on 1 August
1998 without Ireland having enacted the provisions necessary
to comply with the directive referred to in the conclusions of
the Commission.
                                                                         Reference for a preliminary ruling by the Verwaltungsge-
( 1) OJ L 140, 12.05.1998, p. 10.                                        richtshof by order of that court of 17 February 2000 in
(2) Council Directive 93/43/EEC of 14 June 1993 on the hygiene of        the case of DEVELOP Baudurchführungs- und Stadt-
     foodstuffs (OJ L 175, 19.07.1993, p. 1.                             entwicklungs GmbH against Finanzlandesdirektion für
                                                                                   Wien, Niederösterreich und Burgenland
                                                                                                  (Case C-71/00)
                                                                                                 (2000/C 149/34)
Action brought on 29 February 2000 by the Commission                     Reference has been made to the Court of Justice of the
         of the European Communities against Ireland                     European Communities by order of the Verwaltungsgerichts-
                                                                         hof (Higher Administrative Court) of 17 February 2000,
                            (Case C-69/00)                               received at the Court Registry on 2 March 2000, for a
                                                                         preliminary ruling in the case of DEVELOP Baudurchführungs-
                                                                         und Stadtentwicklungs GmbH v Finanzlandesdirektion für
                           (2000/C 149/33)                               Wien, Niederösterreich und Burgenland on the following
                                                                         question:
An action against Ireland was brought before the Court of
Justice of the European Communities on 29 February 2000 by               Do payments which an acquirer of dividend rights in a capital
the Commission of the European Communities, represented                  company makes not on its own behalf but on behalf of its
by Mr Michael Shotter, a member of its Legal Service, acting as          parent company constitute a ‘contribution of assets of any
agent, with an address for service at the office of Mr Carlos            kind’ within the meaning of Article 4(1)(d) of Council Directive
Gómez de la Cruz, a member of its Legal Service, at the                 69/335/EEC (1) of 17 July 1969 concerning indirect taxes on
Wagner Centre, Kirchberg, Luxembourg.                                    the raising of capital?
The Applicant claims that the Court should:                              (1) OJ 1969 L 249, p. 25.
— declare that by failing to adopt the laws, regulations
      or administrative provisions necessary to comply with
      Directive 97/56/EC (1) of the European Parliament and of
      the Council of 20 October 1997 amending for the 16th
      time Directive 76/769/EEC on the approximation of the
      laws, regulations and administrative provisions of the
      Member States relating to restrictions on the marketing and        Appeal brought on 2 March 2000 by Acciaierie di Bolzano
      use of certain dangerous substances and preparations (2) or,       SpA against the judgment delivered on 16 December
      in any event, by failing to inform the Commission of those         1999 by the Fifth Chamber, Extended Composition, of
      measures, Ireland has failed to fulfil its obligations under       the Court of First Instance of the European Communities
      that Directive; and                                                in Case T-158/96 between Acciaierie di Bolzano SpA and
                                                                                  Commission of the European Communities
— order Ireland to pay the costs.
                                                                                                 (Case C-75/00 P)
Pleas in law and main arguments                                                                  (2000/C 149/35)
Article 249 EC (ex Article 189 of the EC Treaty) under which             An appeal against the judgment delivered on 16 December
a directive shall be binding as to the result to be achieved,            1999 by the Fifth Chamber, Extended Composition, of the
upon each Member State, carries by implication an obligation             Court of First Instance of the European Communities in Case
on the Member States to observe the period for compliance                T-158/96 between Acciaierie di Bolzano SpA and Commission
laid down in the directive. That period expired on 4 December            of the European Communities (Italian Republic and Falck SpA,