CELEX: C1999/352/45
Language: en
Date: 1999-12-04 00:00:00
Title: Case C-367/99: Reference for a preliminary ruling by the Landesgericht Korneuburg (Austria) by order of that court of 21 September 1999 in the case of Hugo BOSS Aktiengesellschaft v Coalle FA-93

C 352/28                EN                      Official Journal of the European Communities                                       4.12.1999
Is Article 11(1) of Italian Law No 448 of 23 December 1998                 Action brought on 4 October 1999 by the Commission
(G.U.R.I. No 302 of 29 December 1998, ordinary supplement)                         of the European Communities against Ireland
compatible with Community law, in particular with Articles 10
and 12 of Council Directive 69/335/EEC (1) of 17 July 1969
concerning indirect taxes on the raising of capital, inasmuch                                       (Case C-370/99)
as it provides that the administrative charge is payable at a flat
annual rate for registration of ‘other company documents’ for                                       (1999/C 352/46)
each of the years from 1985 to 1992, equal to the sum of
the sum of ITL 750 000 for public limited companies and
partnerships limited by shares and ITL 400 000 for private                 An action against Ireland was brought before the Court of
limited companies?                                                         Justice of the European Communities on 4 October 1999 by
                                                                           the Commission of the European Communities, represented
                                                                           by Karen Banks, Legal Adviser, and by Manuel Desantes, a
Is Article 11(3) of Law No 448/98 compatible with Com-                     national expert seconded to its Legal Service, with an address
munity law, inasmuch as it provides that interest on the sums              for service in Luxembourg at the office of Carlos Gómez de la
to be reimbursed in so far as they exceed the sum provided for             Cruz, also of its Legal Service, Centre Wagner, Kirchberg,
by Article 11(1) should be calculated according to the legal               Luxembourg.
rate in force at the date on which that Law entered into force
(2,5 % per annum) and not according to the rate provided for
by Article 5 with respect to Article 1 of Law No 29 of                     The Applicant claims that the Court should:
26 January 1961, as subsequently amended?
                                                                           — find that, by failing to adopt the laws, regulations or
                                                                               administrative provisions necessary to comply with Euro-
(1) OJ, English Special Edition 1969 (11), p. 412.                             pean Parliament and Council Directive 96/9/EC of
                                                                               11 March 1996 concerning the legal protection of databas-
                                                                               es (1), Ireland has failed to fulfil its obligations under the
                                                                               said Directive, and
                                                                           — order Ireland to bear the costs of this procedure.
                                                                           Pleas in law and main arguments
Reference for a preliminary ruling by the Landesgericht
Korneuburg (Austria) by order of that court of 21 Sep-
tember 1999 in the case of Hugo BOSS Aktiengesellschaft                    Article 249 EC (ex Article 189 of the EC Treaty) under which
                           v Coalle FA-93                                  a directive shall be binding, as to the result to be achieved,
                                                                           upon each Member State, carries by implication an obligation
                                                                           on the Member States to observe the period for compliance
                          (Case C-367/99)                                  laid down in the directive. That period expired on 1 January
                                                                           1998 without Ireland having enacted the provisions necessary
                          (1999/C 352/45)                                  to comply with the directive referred to in the conclusions of
                                                                           the Commission.
Reference has been made to the Court of Justice of the
European Communities by order of the Landesgericht                         (1) OJ L 77 of 27.3.1996, p. 20.
(Regional Court) Korneuburg (Austria) of 21 September 1999,
received at the Court Registry on 4 October 1999, for a
preliminary ruling in the case of Hugo BOSS Aktiengesellschaft
v Coalle FA-93 on the following question:
On a proper construction of Article 1 thereof, is Council
Regulation (EC) No 3295/94 of 22 December 1994 laying
down measures to prohibit the release for free circulation,
export, re-export or entry for a suspensive procedure of                   Action brought on 6 October 1999 by the Commission
counterfeit and pirated goods (Official Journal of the European            of the European Communities against the Italian Republic
Communities L 341 of 30 December 1994) also applicable to
situations in which goods of the type specified therein are, in                                     (Case C-372/99)
the course of transit between two countries not belonging to
the European Community, temporarily detained by the cus-
toms authorities in a Member State on the basis of that                                             (1999/C 352/47)
regulation, at the request of a holder of rights who claims that
his rights have been infringed and whose undertaking has                   An action against the Italian Republic was brought before the
its registered office in a Member State of the European                    Court of Justice of the European Communities on 6 October
Community?                                                                 1999 by the Commission of the European Communities,
                                                                           represented by Paolo Stancanelli, 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.