CELEX: C1998/007/20
Language: en
Date: 1998-01-10 00:00:00
Title: Reference for a preliminary ruling from the Amtsgericht Nordhorn by decision of that court of 30 October 1997 in the administrative criminal proceedings against Arnoldus Theodorus Maria van der Laan (Case C-383/97)

10. 1. 98              EN                     Official Journal of the European Communities                                     C 7/9
measures to incorporate the Directive at issue fully into                Does the application of paragraph 17 (1) (2b) or (5)
Greek law. It thus seeks a declaration that the Hellenic                 of the Lebensmittel- und Bedarfsgegenständegesetz in
Republic has committed that infringement.                                conjunction with Numbers 2.19/2.3411 et seq. of the
                                                                         Leitsätze für Fleisch und Fleischerzeugnisse of the German
(1) OJ L 340, 31. 12. 1993, p. 35.                                       Lebensmittelbuch by the Landkreis Grafschaft Bentheim
(2) OJ L 303, 31. 10. 1990, p. 6.                                        or the Staatsanwaltschaft Osnabrück in the present case
                                                                         contravene Article 30 et seq. of the EEC Treaty, that is,
                                                                         the prohibition of discrimination laid down there?
Reference for a preliminary ruling from the Administrative
Court by order of that court of 22 October 1997 in the
case of Dr Gerhard Köbler v. Federal Minister for Science,               Action brought on 12 November 1997 by the Commission
                   Research and Technology                               of the European Communities against the Hellenic
                        (Case C-382/97)                                                              Republic
                           (98/C 7/19)                                                          (Case C-386/97)
                                                                                                   (98/C 7/21)
Reference has been made to the Court of Justice of the
European       Communities        by     an     order     of   the
Verwaltungsgerichtshof         (Administrative        Court)    of       An action against the Hellenic Republic was brought
22 October 1997, which was received at the Court                         before the Court of Justice of the European Communities
Registry on 7 November 1997, for a preliminary ruling in                 on 12 November 1997 by the Commission of the
the case of Dr Gerhard Köbler v. Federal Minister for                    European Communities, represented by Maria Kondou-
Science, Research and Technology on the following                        Durande, of its Legal Service, with an address for service
question:                                                                in Luxembourg at the office of Carlos Gómez de la Cruz,
                                                                         also of its Legal Service, Wagner Centre, Kirchberg.
Can a right be derived from Article 48 of the EC Treaty
and Articles 1 to 3 of Regulation (EEC) No 1612/68 (1),
                                                                         The applicant claims that the Court should:
which lay down the right of workers to freedom of
movement and to access to the labour market in the
Community, to the effect that, in a salary scheme in which
remuneration depends on, inter alia, length of service,                  Ð declare that, by not adopting within the prescribed
work of equal value which was performed in another                           period the laws, regulations and administrative
Member State must be taken into account in exactly the                       provisions necessary to implement Council Directive
same way as such work performed in the Member State                          95/23/EC of 22 June 1995 amending Directive 64/433/
applying that scheme?                                                        EEC on conditions for the production and marketing
                                                                             of fresh meat (1), the Hellenic Republic has failed to
                                                                             fulfil its obligations under the Treaty and that
(1) OJ, English Special Edition 1968 (II), p. 475.
                                                                             Directive;
                                                                         Ð order the Hellenic Republic to pay the costs.
Reference for a preliminary ruling from the Amtsgericht                  Pleas in law and main arguments adduced in support:
Nordhorn by decision of that court of 30 October 1997 in
the administrative criminal proceedings against Arnoldus
                Theodorus Maria van der Laan                             Under the third paragraph of Article 189 of the EC Treaty,
                        (Case C-383/97)                                  directives are binding, as to the result to be achieved,
                                                                         upon each Member State to which they are addressed.
                           (98/C 7/20)
                                                                         When the time limit for the transposition of the Directive
                                                                         at issue into national law expired on 1 July 1995, the
                                                                         Hellenic Republic had not adopted appropriate measures
Reference has been made to the Court of Justice of the                   for its full incorporation into Greek law.
European Communities by a decision of the Amtsgericht
Nordhorn (Nordhorn Local Court) of 30 October 1997,
which was received at the Court Registry on 10 November                  (1) OJ L 243, 11. 10. 1995, p. 7.
1997, for a preliminary ruling in the administrative
criminal proceedings against Arnoldus Theodorus Maria
van der Laan on the following question: