CELEX: C2000/034/22
Language: en
Date: 2000-02-05 00:00:00
Title: Cases C-433/99 and C-434/99: Reference for a preliminary ruling by the Commissione Tributaria di Primo Grado di Trento, Sezione No 6, by orders of that court of 30 September 1999 and 14 October 1999 in the cases of (1) Panarotta 2002 Srl against Ufficio Imposte Dirette di Trento; and (2) NTB SpA (formerly Nuova Tessilbrenta SpA) against Ufficio Imposte Dirette di Tione di Trento

C 34/12                  EN                      Official Journal of the European Communities                                      5.2.2000
may not, without infringing the directive, adopt legal pro-                 Action brought on 12 November 1999 by the Com-
visions which prohibit such a service. Article 47(1)(a) of                  mission of the European Communities against the Portu-
Decree-Law No 240/97 is therefore contrary to the directive                                          guese Republic
in so far as it prohibits the provision of ‘call-back’ services.
                                                                                                    (Case C-435/99)
(1) Commission Directive 90/388/EEC of 28 June 1990 on compe-
     tition in the markets for telecommunications services (OJ 1990 L                                (2000/C 34/23)
     192, p. 10).
(2) Commission Directive 96/19/EC of 13 March 1996 amending
     Directive 90/388/EEC with regard to the implementation of full
                                                                            An action against the Portuguese Republic was brought before
     competition in telecommunications markets (OJ 1996 L 74,               the Court of Justice on 12 November 1999 by the Commission
     p. 13).                                                                of the European Communities, represented by Lena Ström,
                                                                            Legal Adviser, and António Caeiros, of its Legal Service, acting
                                                                            as Agents, with an address for service in Luxembourg at the
                                                                            office of Carlos Gómez de la Cruz, also of its Legal Service,
                                                                            Wagner Centre, Kirchberg.
                                                                            The applicant claims that the Court of Justice should:
                                                                            (a) Declare that, by not forwarding to the Commission the
                                                                                reports needed to comply with:
Reference for a preliminary ruling by the Commissione
Tributaria di Primo Grado di Trento, Sezione No 6, by
orders of that court of 30 September 1999 and 14 Octo-                          — Article 13(1) of Council Directive 76/464/EEC (1) of
ber 1999 in the cases of (1) Panarotta 2002 Srl against                             4 May 1976 on pollution caused by certain dangerous
Ufficio Imposte Dirette di Trento; and (2) NTB SpA                                  substances discharged into the aquatic environment of
(formerly Nuova Tessilbrenta SpA) against Ufficio                                   the Community;
                Imposte Dirette di Tione di Trento
                                                                                — Article 14 of Council Directive 78/176/EEC (2) of
                                                                                    20 February 1978 on waste from the titanium dioxide
                   (Cases C-433/99 and C-434/99)                                    industry, as amended by Directive 83/29/EEC (3);
                            (2000/C 34/22)                                      — Article 16 of Council Directive 78/659/EEC (4) of
                                                                                    18 July 1978 on the quality of fresh waters needing
                                                                                    protection or improvement in order to support fish
Reference has been made to the Court of Justice of the                              life, as amended by the 1985 Act of Accession;
European Communities by orders of the Commissione Tributa-
ria di Primo Grado di Trento, Sezione No 6 (Tax Court of First
Instance, Trento, Sixth Chamber) of 30 September 1999                           — Article 16(1) of Council Directive 80/68/EEC (5) of
and 14 October 1999, received at the Court Registry on                              17 December 1979 on the protection of groundwater
11 November 1999, for a preliminary ruling in the cases of                          against pollution caused by certain dangerous sub-
(1) Panarotta 2002 Srl against Ufficio Imposte Dirette di                           stances;
Trento; and (2) NTB SpA (formerly Nuova Tessilbrenta SpA)
against Ufficio Imposte Dirette di Tione di Trento on the                       — Article 5(1) and the first paragraph of Article 5(2) of
following question:                                                                 Council Directive 82/176/EEC(6) of 22 March 1982
                                                                                    on limit values and quality objectives for mercury
                                                                                    discharges by the chlor-alkali;
‘Is it compatible with Community law, and in particular with
Directive 69/335/EEC (1), to tax over a period of years at
the rate of 0,75 % per annum pursuant to Decree-Law                             — Article 5(1) and (2) of Council Directive 83/513/EEC (7)
No 394/1992 of 30 September 1992 that part of the taxable                           of 26 September 1983 on limit values and quality
base of the tax on net assets consisting of a company’s capital                     objectives for cadmium discharges;
disclosed annually by the balance sheet which has already
borne the tax on contributions of 1 %?’                                         — Article 6(1) of Council Directive 84/156/EEC (8) of
                                                                                    8 March 1984 on limit values and quality objectives
                                                                                    for mercury discharges by sectors other than the
(1) OJ, English Special Edition 1969 (II), p. 412).                                 chlor-alkali electrolysis industry;
                                                                                — Article 5(1) and (2) of Council Directive 84/491/EEC (9)
                                                                                    of 9 October 1984 on limit values and quality objec-
                                                                                    tives for discharges of hexachlorocyclohexane;