CELEX: C1995/268/38
Language: en
Date: 1995-10-14 00:00:00
Title: Reference for a preliminary ruling from the Finanzgericht Baden-Württemberg by order of that court of 21 August 1995 in the case of Karlheinz Fischer v. Finanzamt Donaueschingen (Case C-283/95)

No C 268/18              iENl                 Official Journal of the European Communities                                      14 . 10 . 95
nothing to prevent the Commission from persisting in its                 ( a ) Is Council Regulation ( EC ) No 3093/94 ( ] ) to be
inaction, perpetuating the failure to act, or at least to give                  interpreted ( given that it must comply with Article 130r
deliberately ambiguous replies.                                                 of the Treaty ) as permitting the free use of halons ( that
                                                                                is, products which have a serious impact on the
The appellant will rely on all the arguments put forward                        environment ), subject only to limitations on their
before the Court of First Instance in the application and in                    production or on their use by producers, and not on
the reply .                                                                     their importation, but as prohibiting absolutely the use
                                                                                ( and hence both the production and the importation ) of
                                                                                HCFCs (that is, of products which have little impact on
                                                                                the environment )        for purposes not stated in
                                                                                Article 5 ?
Reference for a preliminary ruling from the Finanzgericht                ( b) Is not the provision in point in Regulation (EC )
Baden-Wiirttemberg by order of that court of 21 August                          No 3093/94 in substance a measure having equivalent
1995 in the case of Karlheinz Fischer v. Finanzamt                              effect to a quantitative restriction in so far as, in the
                            Donaueschingen                                      absence of any of the grounds of justification under
                           ( Case C-283/95 )                                    Article 36 of the Treaty, it restricts the free movement
                                                                                of a product throughout the Community ?
                              ( 95/C 268/38 )
                                                                         (c ) Does not the conduct of the Community and of its
Reference has been made to the Court of Justice of the                          institutions, in adopting Regulation ( EC ) No 3093/94 ,
European Communities by an order of the Finanzgericht                           and particularly at the stages subsequent to its
Baden-Wiirttemberg ( Finance Court of the Land                                  adoption, constitute action of a public-law nature
Baden-Wiirttemberg) of 21 August 1 995 , which was                              designed to reinforce the dominant position of certain
received at the Court Registry on 25 August 1995 , for a                        operators, such action constituting in itself an instance
preliminary ruling in the case of Karlheinz Fischer v.                          of serious abuse for the purposes of Article 86 of the
Finanzamt Donaueschingen on the following questions :                           Treaty ?
1 . Is Article 2 ( 1 ) of the Sixth Directive ( 1 ) to be interpreted    ( d ) May legislation for the protection of the environment
      as meaning that services which the organizer of unlawful                  — and particularly Regulation ( EC ) No 3093/94 —
      and punishable games of chance provides to the players                    derogate ( be interpreted as derogating ) from the
      are not taxable ?                                                         Community rules on competition ( by thus permitting
                                                                                or facilitating restrictive agreements or the abuse of a
2 . If Question 1 is to be answered in the negative :                           dominant position ) or are the prohibitions under those
                                                                                rules unconditional and not subject to derogation,
      Is Article 11 A ( 1 ) ( a ) of the Sixth Directive to be                  precluding derogations or restrictions, whether
      interpreted as meaning that, in the case of unlawful                      introduced by the Community or by individual
      gaming in the form of roulette, the basis of assessment                   Member States ?
      for the operator's services to the players is the amount
      retained by the operator during a tax period ?                     (') OJ No L 333 , 22. 12 . 1994, p. 1 .
3 . If Question 2 is to be answered in the negative :
      How is the basis of assessment to be determined in cases
      described under Questions 1 and 2 ?
                                                                        Reference for a preliminary ruling from the
( ] ) Sixth Council Directive 77/388/EEC of 17 May 1977 ( OJ             Oberverwaltungsgericht Berlin by order of that court of
      No L 145 , p . 1 ).                                                   11 August 1995 in the case of Suat Kol v. Land Berlin
                                                                                                  ( Case C-285/95 )
                                                                                                    ( 95/C 268/40 )
                                                                         Reference has been made to the Court of Justice of the
Reference for a preliminary ruling from the Ufficio del                  European Communities by order of the Eighth Chamber of
Giudice di Pace, Genoa, by order of that court of 8 August              the Oberverwaltungsgericht Berlin ( Higher Administrative
     1995 in the case of Safety Hi-Tech Sri v. S> &c T. Sri              Court, Berlin ) of 1 1 August 1995 , which was received at the
                             Case C-284/95 )                             Court Registry on 28 August 1 995, for a preliminary ruling
                                                                         in the case of Suat Kol v . Land Berlin on the following
                             ( 95/C 268/39 )                             questions :
Reference has been made to the Court of Justice of the                   1 . Are periods of employment spent in a Member State by a
European Communities by an order of the Ufficio del                            Turkish worker on the basis of a residence permit
Giudice di Pace ( Magistrate's Office ), Genoa , of 8 August                   obtained by wilful and criminal deceit to be recognized
1995 , which was received at the Court Registry on                             as legal employment within the meaning of Article 6(1 )
28 August 1 995 , for a preliminary ruling in the case of Safety               of Decision No 1/80 of the EEC-Turkey Council of
Hi-Tech Sri v. S. & T. Sri on the following questions :                        Association ?