CELEX: C2004/085/32
Language: en
Date: 2004-04-03 00:00:00
Title: Case C-57/04: Action brought on 10 February 2004 by the Commission of the European Communities against the Federal Republic of Germany

C 85/18                EN                       Official Journal of the European Union                                         3.4.2004
Action brought on 10 February 2004 by the Commission                    The applicant claims that the Court should:
of the European Communities against the Federal Repub-
                         lic of Germany                                 —     declare that, by not implementing the laws, regulations
                                                                              and administrative provisions necessary to comply with
                         (Case C-57/04)                                       Commission Directive 2002/70/EC (1) of 26 July 2002
                                                                              establishing requirements for the determination of levels
                                                                              of dioxins and dioxin-like PCBs in feedingstuffs, or in any
                         (2004/C 85/32)                                       event by failing to forward those provisions to the
                                                                              Commission, the Italian Republic has failed to fulfil its
                                                                              obligations under Article 3 of that directive;
An action against the Federal Republic of Germany was                   —     order the Italian Republic to pay the costs.
brought before the Court of Justice of the European Communi-
ties on 10 February 2004 by the Commission of the European
Communities, represented by Ulrich Wölker, Legal Adviser,
and Gregorio Valero Jordana, of the Commission’s Legal                  Pleas in law and main arguments
Service, acting as Agents, with an address for service in
Luxembourg.
                                                                        The period for transposition of the directive expired on
                                                                        28 February 2003.
The applicant claims that the Court should:
1.    declare that, by failing to adopt the laws, regulations           (1) OJ L 209 of 6.8.2002, p. 15.
      and administrative provisions necessary to comply with
      Directive 2001/81/EC of the European Parliament and of
      the Council of 23 October 2001 on national emission
      ceilings for certain atmospheric pollutants (1), or, in any
      event, by failing to inform the Commission thereof, the
      Federal Republic of Germany has failed to fulfil its
      obligations under that directive;
                                                                        Reference for a preliminary ruling by the High Court of
2.    order the Federal Republic of Germany to pay the costs.           Justice (England and Wales) by order of that court dated
                                                                        21 February 2003, in the case of Centralan Property Ltd
                                                                               against Commissioners of Customs and Excise
Pleas in law and main arguments                                                                  (Case C-63/04)
The period for transposition of the directive expired on                                         (2004/C 85/34)
27 November 2002.
(1) OJ 2001 L 309, p. 22.                                               Reference has been made to the Court of Justice of the
                                                                        European Communities by an order of the High Court of
                                                                        Justice (England and Wales) dated 21 February 2003, which
                                                                        was received at the Court Registry on 13 February 2004, for a
                                                                        preliminary ruling in the case of Centralan Property Ltd and
                                                                        Commissioners of Customs and Excise on the following
                                                                        question:
Action brought on 12 February 2004 by the Commission
of the European Communities against the Italian Republic                Where: During the period of adjustment provided for in
                                                                        article 20(2) of the Sixth VAT Directive (1) a taxable person
                                                                        disposes of a building which is treated as a capital good; and
                         (Case C-62/04)
                                                                        The disposal of the building is effected by way of two supplies,
                                                                        being (i) the grant of a 999 year lease of the building (an
                         (2004/C 85/33)                                 exempt transaction under article 13(B)(b) of the Directive) for
                                                                        a premium of £6 million, followed three days later by (ii) the
                                                                        sale of the freehold reversion (a taxable transaction under
                                                                        article 13(B)(g) and article 4(3)(a) of the Directive) for a
An action against the Italian Republic was brought before the           price of £1,000 plus VAT and which either are or are not
Court of Justice of the European Communities on 12 February             preordained in the sense that once the first had been carried
2004 by the Commission of the European Communities,                     out there was no chance that the second would not be, is
represented by Chiara Cattabriga, of its Legal Service, acting as       article 20(3) of the Sixth VAT Directive to be interpreted so
Agent.                                                                  that: