CELEX: C1996/247/15
Language: en
Date: 1996-08-24 00:00:00
Title: Reference for a preliminary ruling from the Bundesverwaltungsgericht by order of that court of 8 February 1996 in the administrative-law case of Gut Springenheide GmbH and Rudolf Tusky v. Oberkreisdirektor des Kreises Steinfurt - Amt für Lebensmittelüberwachung, Oberbundesanwalt beim Bundesverwaltungsgericht, intervening (Case C-210/96)

No C 247/8              EN                   Official Journal of the European Communities                                     24 . 8 . 96
 Pleas in law and main arguments adduced in support:                     Reference for a preliminary ruling from the
                                                                         Bundesverwaltungsgericht by order of that court of
 Pursuant to Article 189 of the Treaty, a directive is binding,          8 February 1996 in the administrative-law case of Gut
 as to the result to be achieved, upon each Member State to              Springenheide        GmbH          and       Rudolf Tusky       v.
 which it is addressed. According to established case-law,               Oberkreisdirektor      des      Kreises  Steinfurt  — Amt      für
that provision places Member States under an obligation to               Lebensmittelüberwachung,              Oberbundesanwalt     beim
 bring their legislation into conformity with directives within                      Bundesverwaltungsgericht, intervening
 the period prescribed therein .                                                                  ( Case C-2 10/96 )
                                                                                                     ( 96/C 247/ 15 )
 By not adopting within the prescribed period the laws,
regulations and administrative provisions necessary to                   Reference has been made to the Court of Justice
comply with Council Directive 76/207/EEC , concerning the
                                                                         of the European Communities by order of the
principle of equal treatment for men and women as regards                Bundesverwaltungsgericht ( Federal Administrative Court )
working conditions, and by maintaining in force within its
                                                                         — Third Chamber — of 8 February 1996 , which was
own legal system rules prohibiting night-work for women ,
                                                                         received at the Court Registry on 20 June 1 996 , for a
contrary to Article 5 of that Directive, the Italian Republic
                                                                         preliminary ruling in the case of Gut Springenheide GmbH
has failed to fulfil its obligations under Community law.
                                                                         and Rudolf Tusky v. Oberkreisdirektor des Kreises
                                                                         Steinfurt — Amt fur Lebensmitteliiberwachung ( Chief
(') O J No L 39 , 14 . 2 . 1976 , p . 40 .                               Administrative Officer of the Rural District of Steinfurt —
                                                                         Office for Supervision of Foodstuffs ), Chief Federal
                                                                         Prosecutor attached to the Bundesverwaltungsgericht,
                                                                         intervening, on the following questions :
                                                                         1 . For the purposes of making the requisite determination
                                                                             pursuant to Article 10 ( 2 ) ( e ) of Regulation ( EEC )
Action brought on 19 June 1996 by the Commission of the                      No 1 907/90 ( 1 ) whether statements designed to promote
  European Communities against the Kingdom of Belgium                        sales are likely to mislead the purchaser, is the actual
                          ( Case C-208/96 )                                  expectation of the consumers addressed to be
                                                                             determined or is the aforesaid provision based on the
                            ( 96/C 247/ 14 )
                                                                             criterion of an objectified concept of a purchaser which
                                                                             is to be the subject of a legal interpretation only ?
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on              2.   In the event that the matter turns on consumers ' actual
 19 June 1996 by the Commission of the European                              expectations, the following questions arise :
Communities , represented by Hubert van Vliet, of its Legal                  ( a ) Is the view of the informed average consumer or
Service, acting as Agent, with an address for service in                           that of the casual consumer determinative ?
Luxembourg at the office of C. Gomez de la Cruz , of the
Legal Service of the Commission of the European                              ( b ) Can the proportion of consumers necessary in order
Communities, Wagner Centre , Kirchberg.                                            to establish a determinative expectation on the part
                                                                                   of consumers be established in percentage terms ?
The applicant claims that the Court should :                             3.  In the event that the matter turns on the criterion of an
                                                                             objectified concept of a purchaser which can be the
 1 . declare that, by failing within the prescribed period                   subject of a legal interpretation only, the question arises
       to adopt the laws, regulations and administrative                     as to how that concept is to be determined .
       measures necessary in order to comply with Council
       Directive    92/ 119/EEC        of  17   December     1992        (') O J No L 173 , 1990 , p . 5 .
       introducing general Community measures for the
       control of certain animal diseases and specific measures
       relating to swine vesicular disease ('), the Kingdom of
       Belgium has failed to fulfil its obligations under the
       Treaty;
                                                                        Reference for a preliminary ruling from the Uudenmaan
2 . order the Kingdom of Belgium to pay the costs .                     Laaninoikeus by order of that court of 30 May 1996 in the
                                                                                    proceedings brought by Outokumpu Oy
                                                                                                 ( Case C-213 /96 )
The pleas in law and main arguments are the same as those
in Case C-205/96 ( 2 ); the time-limit for transposition                                            ( 96/C 247/ 16 )
expired on 1 October 19 93 .
                                                                         Reference has been made to the Court of Justice of the
                                                                         European Communities by an order of the Uudenmaan
(') OJ No I. 62 , 15 . 3 . 1993 , p. 69 .
( 2 ) See page 7 of the Official Journal .                               Laaninoikeus ( Uusimaa Provincial Administrative Court ) of
                                                                        30 May 1996 , which was received at the Court Registry on
                                                                        25 June 1996 , for a preliminary ruling in the proceedings
                                                                         brought by Outokumpu Oy on the following questions :