CELEX: C2000/372/08
Language: en
Date: 2000-12-23 00:00:00
Title: Case C-383/00: Action brought on 18 October 2000 by the Commission of the European Communities against the Federal Republic of Germany

23.12.2000             EN                    Official Journal of the European Communities                                     C 372/5
The legislation adopted by the Italian authorities on 18 May            Pleas in law and main arguments
1989 merely regulates the activities of bodies and organisations
with the purpose of drawing up, adopting and putting into
operation plans for water catchment areas for improving                 The pleas in law and main arguments are analogous to those
surface waters as well as drawing up, adopting and putting into         in Case C-335/00 (2); the time-limit for transposition expired
operation intervention programmes with the same objective.              on 3 February 1999, but the Federal Länder of Mecklenburg-
However, it does not directly adopt any specific plan. Accord-          Vorpommern, Lower Saxony, Rhineland-Palatinate, Saxony,
ingly, it is no more than a proposal for the implementation of          Sachsen-Anhalt and Schleswig-Holstein have not to date taken
the obligations under Article 4(2) of the directive rather than         the necessary measures under Article 11 of the directive
actual implementation thereof.                                          concerning the drawing-up of emergency plans.
                                                                        (1) OJ C 10 of 14.1.1997, p. 13.
(1) OJ 1975 L 194, p. 26.                                               (2) OJ C 316 of 4.11.2000, p. 16.
                                                                        Reference for a preliminary ruling by the Niedersächsisch-
                                                                        en Oberverwaltungsgericht by order of 28 August 2000
                                                                        in the case of Heinrich Bredemeier against Landwirtsch-
                                                                        aftskammer, Hanover, joined parties: Wilhelm Wieggrebe
                                                                                            and Irmtraut Bredemeier
Action brought on 18 October 2000 by the Commission
of the European Communities against the Federal Repub-
                          lic of Germany                                                        (Case C-384/00)
                                                                                                (2000/C 372/09)
                         (Case C-383/00)
                                                                        Reference has been made to the Court of Justice of the
                                                                        European Communities by order of 28 August 2000 by the
                         (2000/C 372/08)                                Niedersächsischen Oberverwaltungsgericht (Higher Adminis-
                                                                        trative Court for Lower Saxony), which was received at the
                                                                        Court Registry on 20 October 2000, for a preliminary ruling
                                                                        in the case of Heinrich Bredemeier against Landwirtschafts-
An action against the Federal Republic of Germany was                   kammer, Hanover: joined parties Wilhelm Wieggrebe and
brought before the Court of Justice of the European Communi-            Irmtraut Bredemeier on the following question:
ties on 18 October 2000 by the Commission of the European
Communities, represented by Götz zur Hausen, Legal Adviser,
of its Legal Service, with an address for service in Luxembourg         Is an agricultural holding received through ‘similar means’
at the office of Carlos Gómez de la Cruz, of its Legal Service,        within the meaning of Article 3a of Council Regulation (EEC)
Wagner Centre C 254, Kirchberg.                                         No 857/84 (1) of 31 March 1984 (OJ 1984 L 90, p. 13), as
                                                                        amended by Council Regulation (EEC) No 1639/91 (2) of
                                                                        13 June 1991 (OJ 1991 L 150, p. 35), where, following expiry
                                                                        of the non-marketing undertaking entered into by the producer
The applicant claims that the Court should:                             under Regulation (EEC) No 1078/77, (3) the holding is leased
                                                                        by him to the husband of the designated heir before 29 June
                                                                        1989 on conditions more favourable than normal market
(1) declare that, by failing within the time-limit prescribed to        conditions?
      take all necessary measures in order to comply with
      Council Directive 96/82/EC (1) of 9 December 1996
      on the control of major-accident hazards involving                (1) OJ L 90, p. 13.
      dangerous substances, and in particular Article 11 thereof,       (2) OJ L 150, p. 35.
      the Federal Republic of Germany has failed to fulfil its          (3) OJ L 131, p. 1.
      obligations under the EC Treaty;
(2) order the Federal Republic of Germany to pay the costs.