CELEX: C1996/145/09
Language: en
Date: 1996-05-18 00:00:00
Title: Action brought on 23 March 1996 by the Commission of the European Communities against the Hellenic Republic (Case C-91/96)

18 . 5 . 96             EN                  Official Journal of the European Communities                                       No C 145/5
Action brought on 23 March 1996 by the Commission of                             Reference for a preliminary ruling from the
the European Communities against the Hellenic Republic                 Oberlandesgericht Diisseldorf by decision of that court of
                          ( Case C-91 /96 )                            22 November 1995 in the commercial register proceedings
                                                                            concerning Daihatsu Deutschland GmbH ( appellant:
                            ( 96/C 145/09 )                                      Verband Deutscher Daihatsu-Hàndler e.V. )
                                                                                                  ( Case C-97/96 )
An action against the Hellenic Republic was brought before                                          ( 96/C 145/ 10 )
the Court of Justice of the European Communities on
23 March 1996 by the Commission of the European                        Reference has been made to the Court of Justice of the
Communities, represented by Maria Kontou Durande, of its               European Communities by a decision of the Third Civil
Legal Service, with an address for service in Luxembourg at            Chamber of the Oberlandesgericht ( Higher Regional
the office of Carlos Gômez de la Cruz, also of the Legal               Court), Diisseldorf, of 22 November 1995 , which was
Service, Wagner Centre, Kirchberg.                                     received at the Court Registry on 26 March 1996 , for a
                                                                       preliminary ruling in the commercial register proceedings
                                                                       concerning Daihatsu Deutschland GmbH ( appellant:
The applicant claims that the Court should:                            Verband Deutscher Daihatsu-Hàndler                  e .V. ) on the
                                                                       following question :
1 . Declare that, by failing to bring into force within                Does Article 6 of the First Council Directive 68/ 151 /EEC on
      the prescribed period the laws, regulations and                  company law of 9 March 1 96 8 ( 1 ) have direct effect if under
      administrative provisions necessary to comply with:              German law the ( sole ) penalty to ensure enforcement of the
                                                                       duty to disclose the yearly accounts of a private limited
      ( a ) Council Directive 92/118/EEC of 17 December                company is the imposition by the Registration Court of an
            1992 laying down animal health and public health           administrative fine of up to DM 10 000, but the
            requirements governing trade in and imports into           Registration Court may intervene only on application from
            the Community of products not subject to the said          a partner, a creditor or the company's works council, and
            requirements laid down in specific Community               does any such possible direct effect of that provision mean
            rules referred to in Annex A ( I ) to Directive            that, in addition to the persons entitled under German law
            89/662/EEC and, as regards pathogens, to Directive         to make an application, any person may apply for an
            90/425/EEC ( t ),                                          administrative fine to be imposed or that such a right is
                                                                       available at least to an association of traders which under its
      ( b ) Council Directive 93/52/EEC of 24 June 1993                articles of association must protect the interests of its
            amending Directive 89/556/EEC on animal health             members who have a contractual relationship with the
            conditions governing intra-Community trade in              private limited company which has failed to comply with its
            and importation from third countries of embryos of         duty to disclose those accounts ?
            domestic animals of the bovine species ( 2 ),              (') OJ, English Special Edition 1968 ( I ), p. 41 .
      the Hellenic Republic has failed to fulfil the obligations
      imposed on it by the Treaty and by those Directives .
                                                                                  Reference for a preliminary ruling by the
2 . Order the Hellenic Republic to pay the costs.                      Verwaltungsgericht Darmstadt by order of that court of
                                                                            29 February 1996 in the administrative proceedings
                                                                                  between Kasim Ertanir and Land Hessen
Pleas in law and main arguments                                                                   ( Case C-98/96 )
                                                                                                    ( 96/C 145/11 )
The period within which the Member States were to adopt
the measures necessary to transpose Directives 92/118/EEC              Reference has been made to the Court of Justice of the
and 93/52/EEC expired on 1 January 1994 .                              European Communities by an order of the
                                                                       Verwaltungsgericht ( Administrative Court ) Darmstadt —
                                                                       Fifth Chamber — of 29 February 1996 , which was received
The Hellenic Republic has not yet communicated the                     at the Court Registry on 26 March 1996, for a preliminary
adoption of such measures, notwithstanding the formal
                                                                       ruling in the administrative proceedings between Kasim
notice and the reasoned opinion addressed to it by the
Commission .
                                                                       Ertanir and Land Hessen on the following questions :
                                                                       ( a ) What are the consequences, for the maintenance of
Accordingly, it should be declared that it has failed to fulfil               work and residence permits, of breaks in lawful
its obligations .                                                             residence or periods of work without a work permit
                                                                              with regard to claims that have already arisen under
                                                                              Article 6 ( 1 ) of Decision No 1 /80 of the EEC-Turkey
(') OJ No L 62, 15 . 3 . 1993 , p . 49.                                       Association Council on the development of the
( 2 ) OJ No L 175 , 19 . 7. 1993 , p . 21 .                                   Association ( published in the Official Reports of the
                                                                              Federal Institution of Labour [ANBA] 1981 , p . 4 ) —
                                                                              hereinafter abbreviated to ' Decision No 1 /80 ' — in so
                                                                              far as such defective periods are not treated under