CELEX: C2004/021/22
Language: en
Date: 2004-01-24 00:00:00
Title: Case C-463/03: Reference for a preliminary ruling by the Bundesvergabeamt (Wien) by order of that Court of 27 October 2003 in the case of Kostmann GesmbH against Österreichische Bundesbahnen

24.1.2004              EN                        Official Journal of the European Union                                        C 21/13
3.   Inasmuch as in the (railway) transport sector it is                 Reference for a preliminary ruling by the Landgericht
     exclusively the operation of networks that is governed by           Baden-Baden by order of that Court of 20 October 2003
     Directive 93/38/EEC (affirmation of Question 1): Does a             in the appeal brought by Albert Reiss Beteiligungsge-
     review authority have to refrain from applying a national                sellschaft mbH against Land Baden-Württemberg
     provision in which, contrary to the wording of Directive
     93/38/EEC, also the ‘provision of networks providing a                                      (Case C-466/03)
     service to the public in the field of transport by railway’
     is listed as a sectoral activity?                                                            (2004/C 21/23)
(1) OJ L 199, p. 84.
                                                                         Reference has been made to the Court of Justice of the
                                                                         European Communities by order of the Landgericht Baden-
                                                                         Baden (Regional Court, Baden-Baden) of 20 October 2003,
                                                                         received at the Court Registry on 6 November 2003, for a
                                                                         preliminary ruling in the appeal brought by Albert Reiss
                                                                         Beteiligungsgesellschaft mbH against Land Baden-Württem-
Reference for a preliminary ruling by the Bundesverga-                   berg on the following question:
beamt (Wien) by order of that Court of 27 October 2003
in the case of Kostmann GesmbH against Österreichische                   Does Article 10(c) of Council Directive 69/335/EEC of 17 July
                          Bundesbahnen                                   1969 (1) concerning indirect taxes on the raising of capital, as
                                                                         amended by Council Directive 85/303/EEC of 10 June 1985 (2),
                         (Case C-463/03)                                 also encompass charges for the notarially attested transfer of
                                                                         shares in a private limited company?
                          (2004/C 21/22)
                                                                         (1) OJ L 249, p. 25.
                                                                         (2) OJ L 156, p. 23.
Reference has been made to the Court of Justice of the
European Communities by order of the Bundesvergabeamt
(Wien) (Federal Procurement Office, Vienna) of 27 October
2003, received at the Court Registry on 4 November 2003,
for a preliminary ruling in the case of Kostmann GesmbH                  Reference for a preliminary ruling by the Finanzgericht
against Österreichische Bundesbahnen on the following ques-              München by order of that Court of 24 June 2003 in
tions:                                                                   the case of Ikegami Electronics (Europe) GmbH against
                                                                                         Oberfinanzdirektion Nürnberg
1.   Is Article 2(2)(c) of Directive 93/38/EEC (1) to be inter-
     preted as meaning that, contrary to the other factual
     situations covered by Article 2(2) of the Directive, in the                                 (Case C-467/03)
     area of transport ‘merely’ the operation of networks is to
     be considered a sectoral activity?                                                           (2004/C 21/24)
2.   Which activities fall within the scope of ‘the operation of
     networks providing a service to the public in the field of          Reference has been made to the Court of Justice of the
     transport by railway’ under Article 2(2)(c) of Directive            European Communities by order of the Finanzgericht Mün-
     93/38/EEC? To what extent are, in particular, measures              chen (Finance Court, Munich) of 24 June 2003, received at the
     in the field of infrastructure to be subsumed under this            Court Registry on 6 November 2003, for a preliminary ruling
     heading? To what extent are such measures in the field of           in the case of Ikegami Electronics (Europe) GmbH against
     infrastructure to be classified under the heading ‘provision        Oberfinanzdirektion Nürnberg on the following question:
     of networks’?
                                                                         Is note 5 E of the Combined Nomenclature in the version of
3.   Inasmuch as in the (railway) transport sector it is
                                                                         Annex 1 to Regulation (EC) No 2031/2001 (1) of [6 August]
     exclusively the operation of networks that is governed by
                                                                         2001, amending Annex I to Council Regulation (EEC)
     Directive 93/38/EEC (affirmation of Question 1): Does a
                                                                         No 2658/87 on the tariff and statistical nomenclature and on
     review authority have to refrain from applying a national
                                                                         the Common Customs Tariff (OJ 2001 L 279) to be interpreted
     provision in which, contrary to the wording of Directive
                                                                         as meaning that video monitoring apparatus which stores
     93/38/EEC, also the ‘provision of networks providing a
                                                                         signals from several video cameras compressed on hard disks
     service to the public in the field of transport by railway’
                                                                         for reproduction on monitors performs a different function
     is listed as a sectoral activity?
                                                                         from that of data processing?
(1) OJ L 199, p. 84.                                                     (1) OJ L 279, p. 1.