CELEX: C2002/191/24
Language: en
Date: 2002-08-10 00:00:00
Title: Order of the Court (Sixth Chamber) of 21 March 2002 in Case C-447/01 (reference for a preliminary ruling from the Landesgericht für Zivilrechtssachen Wien): DLD Trading Company Import-Export, spol. s.r.o. v Republic of Austria (Preliminary ruling — Inadmissibility)

C 191/14                EN                       Official Journal of the European Communities                                        10.8.2002
1.    The action is dismissed.                                              The question referred for a preliminary ruling by the Landesgericht
                                                                            für Zivilrechtssachen Wien by decision of 5 November 2001 is
                                                                            inadmissible.
2.    The Federal Republic of Germany is ordered to pay the costs.
                                                                            (1) OJ C 84, 6.4.2002.
(1) OJ C 348 of 8.12.2001.
                                                                            Action brought on 22 March 2002 by the Commission of
                                                                            the European Communities against the Federal Republic
                                                                                                         of Germany
                    ORDER OF THE COURT
                                                                                                       (Case C-107/02)
                         (Sixth Chamber)
                                                                                                       (2002/C 191/25)
                         of 21 March 2002
                                                                            An action against the Federal Republic of Germany was
in Case C-447/01 (reference for a preliminary ruling
                                                                            brought before the Court of Justice of the European Communi-
from the Landesgericht für Zivilrechtssachen Wien): DLD
                                                                            ties on 22 March 2002 by the Commission of the European
Trading Company Import-Export, spol. s.r.o. v Republic
                                                                            Communities, represented by Götz zur Hausen, legal adviser
                            of Austria (1)
                                                                            to the Commission of the European Communities, with an
                                                                            address for service in Luxembourg at the office of Luis Escobar
                                                                            Guerrero, of the Commission’s Legal Service, Wagner Centre
             (Preliminary ruling — Inadmissibility)                         C 254, Kirchberg.
                          (2002/C 191/24)                                   The applicant claims that the Court should:
                   (Language of the case: German)                           1.    declare that, by failing to adopt, or in any event to
                                                                                  forward to the Commission, the laws, regulations and
                                                                                  administrative provisions necessary to comply with
                                                                                  Council Directive 96/29/Euratom (1) of 13 May 1996
(Provisional translation; the definitive translation will be published            laying down basic safety standards for the protection of
                   in the European Court Reports)
                                                                                  the health of workers and the general public against the
                                                                                  dangers arising from ionising radiation, in respect of the
                                                                                  clean-up of waste, the construction and clean-up of
                                                                                  uranium-ore extraction sites and the operation of radio-
                                                                                  logical installations, the Federal Republic of Germany has
In Case C-447/01: reference to the Court under Article 234                        failed to fulfil its obligations under that directive;
EC from the Landesgericht für Zivilrechtssachen Wien (Austria)
for a preliminary ruling in the proceedings pending before
                                                                            2.    order the Federal Republic of Germany to pay the costs.
that court between DLD Trading Company Import-Export,
spol. s.r.o. and Republic of Austria — first, as to whether
Austrian provisions infringe Community law in that they limit
travellers’ duty-free allowance to EUR 75 or EUR 100 when
coming from certain countries as well as certain quantitative               Pleas in law and main arguments
restrictions in regard to the relief from turnover tax and excise
duty on tobacco products and, secondly, as to the conditions
in which a Member State may be liable for damage suffered by                It follows from the binding nature of directives pursuant to
an individual as a result of infringements of Community law                 Article 161, third paragraph, EAEC and under Article 192,
— the Court (Sixth Chamber), composed of: F. Macken,                        first paragraph, EAEC that the Member States to whom the
President of the Chamber, N. Colneric, R. Schintgen (Rappor-                directive is addressed are required to transpose the provisions
teur), V. Skouris and J.N. Cunha Rodrigues, Judges; S. Alber,               of the directive into national law in such a way that, from the
Advocate General; R. Grass, Registrar, has made an order on                 expiry of the period prescribed for transposition of that
21 March 2002, in which it has ruled:                                       directive, those provisions take full practical effect.