CELEX: C1999/086/12
Language: en
Date: 1999-03-27 00:00:00
Title: Reference for a preliminary ruling by the Landgericht Regensburg by order of that court of 16 December 1998 in the Business registry case relating to Firma Wiesenhof Geflügelspezialitäten, a branch of Lohmann & Co. AG (Case C-5/99)

27.3.1999             EN                Official Journal of the European Communities                                    C 86/7
Reference for a preliminary ruling by the Landgericht              The applicant claims that the Court should:
Regensburg by order of that court of 16 December 1998
in the Business registry case relating to Firma Wiesenhof
   Geflügelspezialitäten, a branch of Lohmann & Co. AG             Ð declare that, by failing to adopt the necessary laws,
                                                                        regulations and administrative provisions to transpose
                        (Case C-5/99)
                                                                        Article 11 of European Parliament and Council
                       (1999/C 86/12)                                   Directive 94/62/EC of 20 December 1994 on
                                                                        packaging and packaging waste (1), the Kingdom of
                                                                        Belgium has failed to fulfil its obligations under that
                                                                        directive;
Reference has been made to the Court of Justice of the
European Communities by order of the Landgericht
Regensburg (Regional Court, Regensburg) of 16 December             Ð order the Kingdom of Belgium to pay the costs.
1998, received at the Court Registry on 7 January 1999,
for a preliminary ruling in the commercial register case
relating to Firma Wiesenhof Geflügelspezialitäten, a               Pleas in law and main arguments adduced in support:
branch establishment of Lohmann & Co. AG, on the
following questions:
                                                                   Subject to certain exceptions in Article 11(2) and
                                                                   Article (3), Article 11 of Directive 94/62/EC provides that
(a) Are Articles 10 and 12 of Directive 69/335/EEC (1) to          Member States are to ensure that the sum of concentration
    be interpreted as meaning that the terms duties' and          levels of lead, cadmium, mercury and hexavelant
    duties paid by way of fees or dues' extend to fees            chromium present in packaging or packaging components
    payable by citizens for registration of a company in           does not exceed:
    the commercial register by a Court of a Member
    State?
                                                                   Ð 600 ppm by weight 2 years after the date referred to
                                                                        in Article 22(1);
(b) If Articles 10 and 12 of Directive 69/335/EEC are held
    to apply to fees demanded by courts:
                                                                   Ð 250 ppm weight 3 years after the date referred to in
                                                                        Article 22(1);
    Are Articles 10 and 12 of Directive 69/335/EEC to be
    interpreted as precluding national legislation, such as
    Sections 32 and 79 ff of the German Court Fee Rules,           Ð 100 ppm weight 5 years after the date referred to in
    requiring payment of a fee for registration of a                    Article 22(1).
    company in the commercial register, which increases
    proportionally to the company's share capital, with no
    upper limit, and in this case amounts to                       The date referred to in Article 22(1) is 30 June 1996.
    DEM 34 910,00 to register a branch establishment of
    a company?
                                                                   It is not disputed, nor can it be disputed, that the
                                                                   Kingdom of Belgium has not adopted any measure to
(1) OJ L 249, 3.10.1969, p. 25.                                    transpose the provisions of Article 11 of the directive into
                                                                   its domestic law.
                                                                   (1) OJ L 365, 31.12.1994, p. 10.
Action brought on 19 January 1999 by the Commission of
the European Communities against the Kingdom of
                            Belgium
                       (Case C-14/99)                              Reference for a preliminary ruling by the Finanzgericht
                                                                   Bremen by order of that court of 4 August 1998 in the
                       (1999/C 86/13)                              case of Hans Sommer GmbH & Co against Hauptzollamt
                                                                                               Bremen
                                                                                          (Case C-15/99)
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities                                   (1999/C 86/14)
on 19 January 1999 by the Commission of the European
Communities, represented by Götz zur Hausen, Legal
Adviser, acting as Agent, with an address for service in           Reference has been made to the Court of Justice of the
Luxembourg at the Office of Carlos Gómez de la Cruz,               European Communities by order of the Finanzgericht Bre-
Wagner Centre, Kirchberg.                                          men (Finance Court, Bremen) of 4 August 1998, received