CELEX: C1999/071/20
Language: en
Date: 1999-03-13 00:00:00
Title: Reference for a preliminary ruling by the Tribunal Administratif de Lille (Fourth Chamber) by judgment of that court of 19 November 1998 in the case of Clinique Grégoire SA v Direction Régionale des Impôts de Nord-Pas-de-Calais (Case C-474/98)

C 71/12               EN               Official Journal of the European Communities                               13.3.1999
Reference for a preliminary ruling by the Kammarrätten i          Action brought on 18 December 1998 by the Commission
Stockholm by order of that court of 17 December 1998 in           of the European Communities against the Republic of
   the case of Kemikalieinspektionen v Toolex Alpha AB                                        Austria
                       (Case C-473/98)                                                   (Case C-475/98)
                        (1999/C 71/19)                                                    (1999/C 71/21)
Reference has been made to the Court of Justice of the
European Communities by order of Kammarrätten i                   An action against the Republic of Austria was brought
Stockholm of 17 December 1998, received at the Court              before the Court of Justice of the European Communities
Registry on 21 December 1998, for a preliminary ruling in         on 18 December 1998 by the Commission of the
the case of Kemikalieinspektionen v Toolex Alpha AB on            European Communities, represented by Jörn Sack and
the following question:                                           Frank Benyon, Legal Advisers, acting as Agents, with an
                                                                  address for service in Luxembourg at the office of Carlos
                                                                  Gómez de la Cruz, of the European Commission's Legal
Having regard to its aim, is a prohibition against the            Service, Wagner Centre C 254, Kirchberg.
commercial use of trichloroethylene as described above a
measure which is compatible with Article 36 of the EC
Treaty and its application in Community law, even if it
                                                                  The applicant claims that the Court should:
contravenes Article 30 of the Treaty?
                                                                  1. Declare that, by having in 1995 individually
                                                                      negotiated, signed and entered into an Open Skies'
                                                                      agreement with the USA in the air-transport sector, the
                                                                      Republic of Austria acted in breach of its obligations
Reference for a preliminary ruling by the Tribunal                    under the EC Treaty, including Articles 5 and 52
Administratif de Lille (Fourth Chamber) by judgment of                thereof, and also contrary to the secondary law
that court of 19 November 1998 in the case of Clinique                adopted thereunder, in particular Council Regulation
GreÂgoire SA v Direction ReÂgionale des Impôts de                     (EEC) No 2407/92 (1) of 23 July 1992 on licensing of
                     Nord-Pas-de-Calais                               air carriers, Council Regulation (EEC) No 2408/92 (1)
                                                                      of 23 July 1992 on access for Community air carriers
                       (Case C-474/98)                                to intra-Community routes, Council Regulation (EEC)
                        (1999/C 71/20)                                No 2409/92 (1) of 23 July 1992 on fares and rates for
                                                                      air services, Council Regulation (EEC) No 2299/89 (2)
                                                                      of 24 July 1989, as amended by Regulation (EEC)
                                                                      No 3089/93 (3) of 29 October 1993, on a code of
Reference has been made to the Court of Justice of the                conduct for computerised reservation systems, and
European Communities by a judgment of the Fourth                      Council Regulation (EEC) No 95/93 (4) of 18 January
Chamber of the Tribunal Administratif (Administrative                 1993 on common rules for the allocation of slots at
Court), Lille, of 19 November 1998, which was received                Community airports;
at the Court Registry on 21 December 1998, for a
preliminary ruling in the case of Clinique GreÂgoire SA v
Direction ReÂgionale des Impôts de Nord-Pas-de-Calais, on
the following question:                                           2. In the alternative to part of the claim under (1),
                                                                      declare that:
Since they are regarded as reserving the exemption from
value added tax to transactions involving total human
                                                                      In so far as the 1995 agreement cannot be regarded as
blood, are the provisions of Article 261 of the General
Tax Code compatible with the objectives laid down in                  having radically amended and thus replaced
Article 13(A)(1)(d) of the Sixth Council Directive                    agreements previously concluded, the Republic of
77/388/EEC (1) which provides that ¼ Member States                   Austria failed to comply with its obligations under
shall exempt the following under conditions which they                Article 234 of the EC Treaty, as amended by Article 6
                                                                      of the Act of Accession, by not rescinding the
shall lay down for the purpose of ensuring the correct and
straightforward application of such exemptions . . . (d)              provisions contained in that agreement which are
supplies of human . . . blood', which must be understood              incompatible with the EC Treaty, in particular
                                                                      Article 52, and with the secondary law adopted
as including both total human blood and the components
thereof used separately and secondary products thereof?               thereunder, or by failing to take all legally possible
                                                                      steps to that end;
(1) OJ L 145, 13.6.1977, p. 1.
                                                                  3. Order the Republic of Austria to pay the costs of the
                                                                      present proceedings.