CELEX: C1997/199/19
Language: en
Date: 1997-06-28 00:00:00
Title: Reference for a preliminary ruling by the Commissione Tributaria Provinciale di Milano - Sezione XII - by order of that court of 24 March 1997 in the case of AGAS (Abbruzzi Gas Agas) SpA against Amministrazione Tributaria (Case C-152/97)

No C 199/ 10           EN                  Official Journal of the European Communities                                         28 . 6 . 97
(EEC) No 2658/87 on the tariff and statistical                        Reference for a preliminary ruling by the Commissione
nomenclature and on the Common Customs Tariff must                    Tributaria Provinciale di Milano — Sezione XII — by
be interpreted as meaning that Echinacea purpurea                     order of that court of 24 March 1997 in the case of AGAS
extract-based drops must be classified under heading                  (Abbruzzi       Gas    Agas )      SpA   against Amministrazione
3004 .                                                                                                 Tributaria
                                                                                                 ( Case C-152/97 )
(') OJ No C 46, 17. 2 . 1996 .                                                                     ( 97/C 199/ 19 )
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by order of the Commissione
                                                                      Tributaria Provinciale di Milano ( Provincial Tax Court,
                                                                      Milan ) — Sezione XII (Twelfth Chamber ) — of 24 March
Action brought on 16 April 1997 by the Commission of                  1997, received at the Court Registry on 21 April 1997, for
  the European Communities against the Hellenic Republic              a preliminary ruling in the case of AGAS ( Abbruzzi Gas
                          Case C-146/97                               Agas ) SpA against Amministrazione Tributaria on the
                                                                      following question :
                          ( 97/C 199/ 18 )
                                                                      Do the provisions on the harmonization of indirect taxes
                                                                      on contributions of capital to capital companies ( ! ) in the
An action against the Hellenic Republic was brought                   Union also include merger by acquisition of one company
before the Court of Justice on 16 April 1997 by the                   by another company which already owns 100% of the
Commission of the European Communities, represented                   capital of the former ?
by Maria Kondou-Durande, of its Legal Service, with an
address for service in Luxembourg at the office of Carlos             (') Article 4 of Directive 69/335/EEC of 17 July 1969 ( OJ No
Gomez de la Cruz, also of the Commission's Legal                          L 249 , 3 . 10 . 1969 , p. 5 ), amended by Directives 73/80/EEC
Service, Wagner Centre, Kirchberg.                                        of 9 April 1973 ( OJ No L 103 , 18 . 4 . 1973 , p. 15 ) and 85/
                                                                          303/EEC of 10 June 1985 ( OJ No L 156 , 15 . 6 . 1985 , p. 23 ).
The applicant claims that the Court should:
— declare that, by failing to adopt within the period
     prescribed the laws, regulations and administrative              Reference for a preliminary ruling from the
     provisions necessary to comply with Commission                   Staatsgerichtshof des Landes Hessen by order of that court
     Directive 93/70/EEC of 28 July 1993 establishing                 of 16 April 1997 in the application for review of
     Community analysis methods for official control of               legislative provisions brought by Georg Badeck and
     feedingstuffs ('), the Hellenic Republic has failed to           other members and former members of the Hessischer
     fulfil its obligations under the EC Treaty and that              Landtag, interveners: Hessischer Ministerprasident and
     Directive ,                                                        Landesanwalt beim Staatsgerichtshof des Landes Hessen
                                                                                                   Case C-158/97 )
— order the Hellenic Republic to pay the costs .                                                    ( 97/C 199/20 )
Pleas in law and main arguments adduced in support:                   Reference has been made to the Court of Justice of the
                                                                      European Communities by an order of the
                                                                      Staatsgerichtshof des Landes Hessen ( State Constitutional
Under the third paragraph of Article 189 of the Treaty                Court, Hessen ) of 16 April 1997, which was received at
establishing the European Community, a directive is to be             the Court Registry on 24 April 1997, for a preliminary
binding, as to the result to be achieved, upon each                   ruling in the application for review of legislative
Member State to which it is addressed . Under the first               provisions brought by Georg Badeck and other
paragraph of Article 5 of the Treaty, the Member States               members        and    former        members    of  the   Hessischer
are to take all appropriate measures, whether general or              Landtag, interveners : Hessischer Ministerprasident and
particular, to ensure fulfilment of the obligations arising           Landesanwalt beim Staatsgerichtshof des Landes Hessen,
out of the Treaty or resulting from action taken by the               on the following question :
institutions of the Community. The Hellenic Republic has
not yet taken the appropriate measures to transpose the               Does Article 2 ( 1 ) and (4 ) of Council Directive 76/207/
Directive in question fully into the Greek legal system.              EEC of 9 February 1976 on the implementation of the
                                                                      principle of equal treatment for men and women as
 (*) OJ Nd L 234, 17. 9 . 1993 , p . 17 .                             regards access to employment, vocational training and
                                                                      promotion, and working conditions ( OJ No L 39 , 14 . 2 .
                                                                       1976, p. 40, hereinafter 'the Equal Treatment Directive')
                                                                      preclude national rules under which :