CELEX: C2002/169/44
Language: en
Date: 2002-07-13 00:00:00
Title: Case C-190/02: Reference for a preliminary ruling by the Giudice di Pace of Genoa-Voltri by order of that Court of 9 April 2002 in the case of Viacom Outdoor S.r.l. against Société GIOTTO Immobilier S.a.r.l.

13.7.2002              EN                      Official Journal of the European Communities                                         C 169/25
—     The object of Directive 2002/15/EC is not road safety                     within the areas of which those economic activities are
      because it is regulates working time rather than driving                  carried on, and by restricting exclusively to municipalities
      time. In contrast, Regulation No 3820/85 (2), which                       the conduct of the activity of posting advertisements,
      applies to all types of carriers, self-employed and                       results in giving surreptitious finance to the municipal
      employed, regulates driving time and breaks and rest                      advertising undertaking?
      periods.
—     Failure to state reasons: there is a failure to state the           3)    May Article 2 (ex Article 2), Article 3(1)(a), (b) and (c) (ex
      reasons for bringing self-employed operators within the                   Article 3), (as amended by Article 2(3) and Article 61(1)
      scope of the directive at issue. Recital 8 in the preamble                of the Treaty of Amsterdam), of Article 23 (ex Article 9),
      to the directive lacks precision.                                         of Article 27 (ex Article 29) (a) (b) and (d), and of
                                                                                Article 31 (ex Article 37) (1) and (3) of the EC Treaty be
                                                                                construed as meaning that they preclude a law of a
                                                                                Member State — in this instance, Italy — which provides
(1) OJ L 80 of 23.3.2002, p. 35.                                                for a tax on advertising and imposes payment of charges
(2) Council Regulation (EEC) No 3820/85 of 20 December 1985 on
                                                                                for public bill-posting, including that tax, payable to
    the harmonisation of certain social legislation relating to road
    transport (OJ L 370 of 31.12.1985, p. 1).                                   municipalities which engage in the posting of bills on an
                                                                                exclusive basis?
Reference for a preliminary ruling by the Giudice di Pace
of Genoa-Voltri by order of that Court of 9 April 2002 in
the case of Viacom Outdoor S.r.l. against Société GIOTTO
                        Immobilier S.a.r.l.                               Action brought on 23 May 2002 by the Commission
                                                                          of the European Communities against the Republic of
                                                                                                       Austria
                         (Case C-190/02)
                                                                                                   (Case C-192/02)
                         (2002/C 169/44)
                                                                                                   (2002/C 169/45)
Reference has been made to the Court of Justice of the
European Communities by order of the Giudice di Pace
(Magistrate) of Genoa-Voltri of 9 April 2002, received at the
Court Registry on 22 May 2002, for a preliminary ruling in                An action against the Republic of Austria was brought before
the case of Viacom Outdoor S.r.l. against Société GIOTTO                  the Court of Justice of the European Communities on 23 May
Immobilier S.a.r.l. on the following questions:                           2002 by the Commission of the European Communities,
                                                                          represented by Josef Christian Schieferer, of its Legal Service,
                                                                          with an address for service in Luxembourg at the office of Luis
1)    whether it is contrary to the proper interpretation of              Escobar Guerrero, of its Legal Service, at Wagner Centre C 254,
      Articles 49 (ex Article 59) and 50 (ex Article 60) for the          Kirchberg, Luxembourg.
      law of the Italian State to introduce, govern and make
      regulations for advertising tax and bill-posting charges,
      restricting the management of these exclusively to Italian
      municipalities, and whether the concept of the provision            In its application, as amended by the corrigendum lodged on
      of services, as provided in Article 50 (ex Article 60) of           28 May 2002, the applicant claims that the Court should:
      the EC Treaty, can include the activity pursued by the
      agencies of the municipal authorities or by entities
      entrusted with the operation of this field of economic              1.    declare that by:
      activity.
2)    Must Articles 81 (ex Article 85), 82 (ex Article 86),                     (a)   incorrectly transposing into Austrian law the defi-
      86 (ex Article 90) and 87 (ex Article 92) of the EC Treaty                      nitions of ‘disposal’ and ‘recovery’ laid down in
      be construed as meaning that they preclude legislation                          Article 1(e) and (f) of Council Directive 75/442/
      which, by providing for a tax on outdoor advertising or a                       EEC of 15 July 1975 on waste, as amended, in
      charge for bill-posting payable to the municipalities                           conjunction with Annexes II A and II B thereto, and