CELEX: C1998/278/52
Language: en
Date: 1998-09-05 00:00:00
Title: References for preliminary rulings by Juzgado de Primera Instancia No 35, Barcelona, by orders of that court of 31 March 1998 in the cases of Salvat Editores SA and Others and J. Compañ Calbuig and Others (Cases C-265/98 to C-272/98)

C 278/28                EN                 Official Journal of the European Communities                                    5.9.98
     order to comply with Council Directive 93/65/EEC of                   financing for the sum of BEF 382 208 436 by way of
     19 July 1993 on the definition and use of compatible                  expenditure incurred for the advance payment of
     technical specifications for the procurement of                       export refunds;
     air-traffic management equipment and systems (1),
     alternatively by failing to take the measures necessary          2. order the Commission to pay the costs of the
     to comply therewith, the Kingdom of Belgium has                       proceedings.
     failed to fulfil its obligations under that Directive,
                                                                      Pleas in law and main arguments adduced in support:
Ð order the Kingdom of Belgium to pay the costs.
                                                                      The pleas in law and main arguments are identical to
                                                                      those in Case C-242/97 (2).
Pleas in law and main arguments adduced in support:
                                                                      (1) OJ L 163, 6.6.1998, p. 28.
                                                                      (2) OJ C 271, 6.9.1997, p. 6.
The pleas in law and main arguments are analogous to
those in Case C-250/98 (2); the time limit laid down by
Article 9 of the Directive expired on 20 July 1994.
                                                                      Reference for a preliminary ruling from the Tribunal de
The Commission asserts, in the alternative, that the                  PremieÁre Instance de Charleroi by judgment of that court
Directive confers on nationals of the Member States the               of 2 July 1998 in the case of Tibor Balog v. ASBL Royal
right to respond to invitations to tender prepared in                                Charleroi Sporting Club (RCSC)
accordance with the standards laid down pursuant to
and in accordance with the Directive. For that reason,                                       (Case C-264/98)
internal memoranda circulated by State ministries or                                           (98/C 278/51)
administrative authorities do not constitute an adequate
transposition measure.
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by a judgment of the Tribunal de
(1) OJ L 187, 27.7.1993, p. 52.                                       PremieÁre Instance (Court of First Instance), Charleroi, of
(2) See page 22 of this Official Journal.                             2 July 1998, which was received at the Court Registry on
                                                                      20 July 1998, for a preliminary ruling in the case of Tibor
                                                                      Balog v. ASBL Royal Charleroi Sporting Club on the
                                                                      following question:
                                                                      Is it compatible with Article 85 of the EC Treaty and/or
                                                                      with Article 53 of the Agreement on the European
Action brought on 17 July 1998 by the Kingdom                         Economic Area for a football club established in the
of Belgium against the Commission of the European                     territory of a Member State of the European Union to
                            Communities                               claim, on the basis of the rules and circulars of the
                          (Case C-263/98)                             national and international federations (URBSFA, UEFA,
                                                                      FIFA), payment of a transfer sum' on the occasion of the
                           (98/C 278/50)                              engagement of one of its former players, a professional
                                                                      footballer of non-Community nationality who has reached
                                                                      the end of his contract, by a new employer established in
An action against the Commission of the European                      the same Member State, in another Member State of the
Communities was brought before the Court of Justice of                European Union or the European Economic Area, or in a
the European Communities on 17 July 1998 by the                       non-member country?
Kingdom of Belgium, represented by J. Devadder, General
Adviser in the Ministry of Foreign Affairs, Foreign Trade
and Development Cooperation, and H. Gilliams, of the
Brussels Bar, with an address for service in Luxembourg at
the Belgian Embassy, 4 rue des Girondins.
                                                                      References for preliminary rulings by Juzgado de Primera
                                                                      Instancia No 35, Barcelona, by orders of that court of
The applicant claims that the Court should:                           31 March 1998 in the cases of Salvat Editores SA and
                                                                               Others and J. CompanÄ Calbuig and Others
                                                                                      (Cases C-265/98 to C-272/98)
1. annul Commission Decision 98/358/EC of 6 May
                                                                                               (98/C 278/52)
     1998 on the clearance of the accounts presented by the
     Member States in respect of the expenditure for 1994
     on the Guarantee Section of the European Agricultural            Reference has been made to the Court of Justice of the
     Guidance and Guarantee Fund (EAGGF) (1) in so far                European Communities by orders of Juzgado de Primera
     as it disallows, in respect of the applicant, Community          Instancia (Court of First Instance) No 35, Barcelona, of
 ---pagebreak--- 5.9.98                 EN                  Official Journal of the European Communities                                    C 278/29
31 March 1998, which were received at the Court                       Action brought on 17 July 1998 by the Commission of the
Registry on 20 July 1998, for a preliminary ruling in the                 European Communities against the Kingdom of Spain
cases of Salvat Editores SA and J. CompanÄ Calbuig                                              (Case C-274/98)
(C-265/98), Salvat Editores SA and G. Caminati (C-266/
98), OceÂano Grupo Editorial SA and R. Bogas CardenÄosa                                          (98/C 278/54)
(Case C-267/98), OceÂano Grupo Editorial SA and M.
Casas MingueÂlez (C-268/98), Planeta CreÂdito SA and A.
Villar Castelao (C-269/98), Artel SA and P. López Aznar               An action against the Kingdom of Spain was brought
(C-270/98), Salvat Editores SA and J. A. Serrano Garrido              before the Court of Justice on 17 July 1998 by the
(C-271/98), and Artel SA and F. Arencom Salazar (C-272/               Commission of the European Communities, represented
98).                                                                  by Eric Gippini Fournier and Francisco de Sousa Fialho,
                                                                      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.
The grounds of the order for reference and the question
on which a ruling is sought by Juzgado de Primera
Instancia No 35, Barcelona, are similar to those in Joined            The applicant claims that the Court of Justice should:
Cases C-240/98 to C-244/98 (1).
                                                                      Ð declare that, by failing to establish action programmes
                                                                           pursuant to Article 5 of Council Directive 91/676/EEC
( ) See p. 21 of this Official Journal.
 1
                                                                           of 12 December 1991 concerning the protection of
                                                                           waters against pollution caused by nitrates from
                                                                           agricultural sources (1), the Kingdom of Spain has
                                                                           failed to fulfil its obligations under the EC Treaty;
                                                                      Ð order the defendant to pay the costs.
Reference for a preliminary ruling by the Bundesfinanzhof
by order of that court of 14 May 1998 in the case of                  Pleas in law and main arguments adduced in support:
      Hans-Josef Schlebusch against Hauptzollamt Trier
                         (Case C-273/98)                              The binding nature of the third paragraph of Article 189
                                                                      and of Article 5 of the EC Treaty means that Member
                           (98/C 278/53)                              States must adopt the measures necessary to give effect to
                                                                      the Directive before the end of the period appointed for
                                                                      that purpose. Since the initial designation of vulnerable
                                                                      zones was to be effected within two years after
Reference has been made to the Court of Justice of the                notification of the Directive (Article 3(2)), the period for
European Communities by order of the Seventh Senate of                drawing up the action programmes provided for in
the Bundesfinanzhof (Federal Finance Court) of 14 May                 Article 5 expired in December 1995.
1998, received at the Court Registry on 20 July 1998, for
a preliminary ruling in the case of Hans-Josef Schlebusch
                                                                      (1) OJ L 375, 31.12.1991, p. 1; corrigendum: OJ L 92,
against Hauptzollamt (Principal Customs Office) Trier on                  16.4.1993, p. 51.
the following question:
Is the first sentence of Article 3a(3) of Council Regulation
(EEC) No 857/84 (1), as amended by Regulation (EEC)
No 1639/91 (2), to be interpreted as meaning that a milk
                                                                      Reference for a preliminary ruling by Klagenñvnet
producer is to be allocated a definitive special reference
                                                                      for Udbud, by an order of 15 July 1998 in the case
quantity even where, in the period laid down in that
                                                                      of Unitron Scandinavia A/S and 3-S A/S, Danske
provision, he did not use the special reference quantity
                                                                      Svineproducenters Serviceselskab v. Ministeriet for
provisionally allocated to him for a corresponding increase
                                                                                      Fùdevarer, Landbrug og Fiskeri
in his milk production, but temporarily transferred to
another business that part of his milk quota corresponding                                      (Case C-275/98)
to the original reference quantity held by his business in                                       (98/C 278/55)
addition to the provisionally allocated special reference
quantity?
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of Klagenñvnet for
( ) Council Regulation (EEC) No 857/84 adopting general rules
 1
    for the application of the levy referred to in Article 5c of      Udbud (Danish Procurement Review Board), which was
    Regulation (EEC) No 804/68 in the milk and milk products          received at the Court Registry on 20 July 1998, for a
    sector (OJ L 90, 1.4.1984, p. 13).                                preliminary ruling in the case of Unitron Scandinavia A/S
(2) OJ L 150, 15.6.1991, p. 35.                                       and 3-S A/S, Danske Svineproducenters Serviceselskab v.
                                                                      Ministeriet for Fùdevarer, Landbrug og Fiskeri (Ministry
                                                                      of Foodstuffs, Agriculture and Fisheries) on the following
                                                                      questions: