CELEX: C2003/213/28
Language: en
Date: 2003-09-06 00:00:00
Title: Case C-285/03: Action brought on 2 July 2003 by the Hellenic Republic against the Commission of the European Communities

C 213/16               EN                        Official Journal of the European Union                                           6.9.2003
Reference for a preliminary ruling by the College van                    Bruxelles (Court of Appeal, Brussels) of 19 June 2003, received
Beroep voor het Bedrijfsleven by judgment of that Court                  at the Court Registry on 2 July 2003, for a preliminary ruling
of 27 June 2003 in the proceedings between A.H. Kuipers                  in the proceedings between the Belgian State and Temco
                  and the Productschap Zuivel                            Europe S.A. on the following question:
                         (Case C-283/03)
                                                                         May Article 13B(b) of the Sixth Directive be interpreted to
                                                                         mean that transactions, corresponding in Belgian law to a
                         (2003/C 213/26)
                                                                         contract of indefinite duration by which one company, by a
                                                                         number of contracts with associated companies, simul-
                                                                         taneously grants a licence to occupy a single property in return
                                                                         for a payment set partially but essentially on the basis of the
Reference has been made to the Court of Justice of the                   area occupied, where the inherent insecurity of a licence is
European Communities by judgment of the College van Beroep               absent owing to the fact that the transferees and the transferor
voor het Bedrijfsleven (Administrative Court for Trade and               are under common management, constitute a letting of
Industry) of 27 June 2003, received at the Court Registry on             immovable property within the meaning of Community law,
30 June 2003, for a preliminary ruling in the proceedings                or, in other words, does the independent Community law
between A.H. Kuipers and the Productschap Zuivel on the                  concept of the ‘letting of immovable property’ in Article 13B(b)
following questions:                                                     of the Sixth Directive (1) cover use, for consideration, of an
                                                                         immovable asset for purposes other than those of the tax-
1.    Is a national system of quality deductions and sup-                payer’s business — which definition is adopted in
      plements for raw milk delivered to the dairy, such as that         Article 44(3)(2) in fine of the Belgian Code de la TVA — that
      at issue, consistent with Regulation (EEC) No 804/68 (1)           is to say, the grant under a licence of indefinite duration of a
      on the common organisation of the market in milk and               non-exclusive right of occupation in return for a monthly
      milk products and in particular with the prohibition of            payment, albeit fluctuating and partly dependent on the profits
      ‘equalisation between the prices’ in Article 24(2) (now,           of one of the contracting parties, where the inherent insecurity
      after consolidation of amendments to the text,                     of a licence is absent owing to the fact that the transferees and
      Article 38(2) of Regulation (EC) No 1255/99)?                      the transferor are under common management?
2.    Is a national system of quality supplements for raw milk
      delivered to the dairy, such as that at issue, consistent          (1 ) Sixth Council Directive 77/388/EEC of 17 May 1977 on the
      with the prohibition of aids in Article 24(1) of Regulation             harmonization of the laws of the Member States relating to
      (EEC) No 804/68?                                                        turnover taxes — Common system of value added tax: uniform
                                                                              basis of assessment (OJ L 145 of 13.06.1977, p. 1).
3.    If Question 2 is answered in the affirmative, is such a
      national system to be regarded as aid the grant of which
      must be notified beforehand to the Commission under
      Article 93(3) of the EC Treaty (now Article 88(3) EC)?
( 1) OJ L 148 of 28.06.1968, p. 13.
                                                                         Action brought on 2 July 2003 by the Hellenic Republic
                                                                            against the Commission of the European Communities
Reference for a preliminary ruling by the Cour d’Appel                                              (Case C-285/03)
de Bruxelles by judgment of that Court of 19 June 2003
in the proceedings between the Belgian State and Temco
                           Europe S.A.                                                              (2003/C 213/28)
                         (Case C-284/03)
                         (2003/C 213/27)                                 An action against the Commission of the European Communi-
                                                                         ties was brought on 2 July 2003 by the Hellenic Republic,
                                                                         represented by Vasilios Kondolaimos, state legal adviser, and
                                                                         by Yoannis Xhalkias, of the state legal service, with an address
Reference has been made to the Court of Justice of the                   for service in Luxembourg at the Greek Embassy, 27 Rue
European Communities by judgment of the Cour d’Appel de                  Marie-Adélaïde.
 ---pagebreak--- 6.9.2003              EN                         Official Journal of the European Union                                              C 213/17
The applicant claims that the Court should:                                     impact assessment being carried out, it appears when
                                                                                approval of reserved matters is sought that the project
Annul or vary Commission Decision C(2003) 1539 in connec-                       may have significant effects on the environment by virtue
tion with the exclusion from Community financing of certain                     inter alia of its nature, size or location (article 2(1) of the
expenditure by the Member States in the context of the EAGGF                    Directive)?
— Guarantee section, in regard to the chapter concerning
financial corrections imposed on the Hellenic Republic in the            (3) In circumstances where:
sector of arable cultivation for the financial years 2000 and
2001.
                                                                                (a)   national planning law provides for the grant of
                                                                                      outline planning permission at an initial stage of the
                                                                                      planning process and requires consideration by the
                                                                                      competent authority at that stage as to whether an
Pleas in law and main arguments
                                                                                      environmental impact assessment is required for
                                                                                      purposes of the Directive; and
—     Misinterpretation of provisions;
—     Misappraisal of factual circumstances;                                    (b) the competent authority then determines that it is
                                                                                      unnecessary to carry out an environmental impact
                                                                                      assessment and grants outline planning permission
—     Defective statement of reasons;
                                                                                      subject to conditions reserving specified matters for
                                                                                      later approval; and
—     Misinterpretation and misapplication of Article 5(2)(c)
      of Regulation (EEC) No 729/70 in conjunction with
      Document VI/5330/97;                                                      (c)   that decision can then be challenged in the national
                                                                                      courts;
—     Misinterpretation and misapplication of Articles 6 and 7
      of Regulation No 3508/92.                                                 may national law, consistently with the Directive, pre-
                                                                                clude a competent authority from requiring that an
                                                                                environmental impact assessment be carried out at a later
                                                                                stage of the planning process?
                                                                         (1 ) Council Directive 85/337/EEC of 27 June 1985 on the assessment
                                                                              of the effects of certain public and private projects on the
Reference for a preliminary ruling by the House of Lords                      environment (OJ L 175, 05.07.1985, p. 40).
by order of that court dated 30 June 2003, in the case of
Regina against London Borough of Bromley, ex parte
                       Diane Barker (FC)
                        (Case C-290/03)
                        (2003/C 213/29)
                                                                         Reference for a preliminary ruling by the VAT and Duties
                                                                         Tribunals, Manchester Tribunal Centre, by direction of
                                                                         that court dated 30 June 2003, in the case of MyTravel plc
Reference has been made to the Court of Justice of the
                                                                                 against Commissioners of Customs and Excise
European Communities by an order of the House of Lords
dated 30 June 2003, which was received at the Court Registry
on 3 July 2003, for a preliminary ruling in the case of Regina                                      (Case C-291/03)
and London Borough of Bromley, ex parte Diane Barker (FC)
on the following questions:
                                                                                                    (2003/C 213/30)
(1) Is identification of ‘the decision of the competent auth-
      ority or authorities which entitles the developer to
      proceed with the project’ (article 1(2) of Directive 85/
      337/EEC (1) (‘the Directive’)) exclusively a matter for the
      national court applying national law?                              Reference has been made to the Court of Justice of the
                                                                         European Communities by direction of the VAT and Duties
(2) Does the Directive require an environmental impact                   Tribunals, Manchester Tribunal Centre, dated 30 June 2003,
      assessment to be carried out if, following the grant of            which was received at the Court Registry on 4 July 2003, for a
      outline planning permission subject to conditions that             preliminary ruling in the case of MyTravel plc and Com-
      reserved matters be approved, without an environmental             missioners of Customs and Excise on the following questions: