CELEX: C2004/021/21
Language: en
Date: 2004-01-24 00:00:00
Title: Case C-462/03: Reference for a preliminary ruling by the Bundesvergabeamt (Wien) by order of that Court of 27 October 2003 in the case of STRABAG AG against Österreichische Bundesbahnen

C 21/12                EN                      Official Journal of the European Union                                        24.1.2004
(C) Is this tax on marble compatible with Articles 81 EC to            In particular:
     89 EC (ex Articles 85 to 90 and 92 to 94 of the EC
     Treaty), which lay down a series of rules intended to             1.   Are only ‘traditional’ homeopathic medicinal products
     create a system which will ensure that competition on                  subject to the special, simplified registration procedure
     the common market is not distorted and which will                      under Article 14 et seq. of Directive 2001/83/EC?
     remove subsisting impediments in order to attain that
     objective?                                                        2.   If the answer to this question is in the affirmative, can a
                                                                            medicinal product also be considered ‘traditional’ if it is
(D) If the answer to the previous question is ‘No’ — having                 manufactured using bibliographically identified homeo-
     regard to the fact that, in respect of the municipality in             pathic stocks without having been in actual homeopathic
     which the tax on marble (and derivatives) is levied the                use in that combination prior to the registration applied
     Treaty provides no special measures in favour of the                   for;
     Italian Republic — is it compatible with Community law                 or:
     for a legislative provision to impose a pecuniary charge
     (the ‘tax on marble’) on goods transported out of one                  Does the second indent of the second sentence of
     municipality and intended for other regions of the same                Article 15 of Directive 2001/83/EC permit a Member
     State, or does not that particular charge instead involve              State to require that, for registration of a homeopathic
     less favourable treatment of goods intended for those                  medicinal product that is manufactured using a number
     regions in comparison with goods exported in other                     of homeopathic stocks, a bibliography must be produced
     Member States, and does not this pecuniary charge                      that refers to the combination preparation as such?
     constitute an impediment to free movement of goods
     throughout the European market?
                                                                       (1) OJ L 311, p. 67.
                                                                       Reference for a preliminary ruling by the Bundesverga-
                                                                       beamt (Wien) by order of that Court of 27 October 2003
Reference for a preliminary ruling by the Verwaltungsge-               in the case of STRABAG AG against Österreichische
richt Berlin by order of that Court of 28 August 2003 in                                        Bundesbahnen
the case of meta Fackler KG against Federal Republic of
                            Germany
                                                                                               (Case C-462/03)
                        (Case C-444/03)                                                         (2004/C 21/21)
                         (2004/C 21/20)
                                                                       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 STRABAG AG against
Reference has been made to the Court of Justice of the                 Österreichische Bundesbahnen on the following questions:
European Communities by order of the Verwaltungsgericht
Berlin (Administrative Court Berlin) of 28 August 2003,
received at the Court Registry on 21 October 2003, for a               1.   Is Article 2(2)(c) of Directive 93/38/EEC (1) to be inter-
preliminary ruling in the case of meta Fackler KG against                   preted as meaning that, contrary to the other factual
Federal Republic of Germany on the following questions:                     situations covered by Article 2(2) of the Directive, in the
                                                                            area of transport ‘merely’ the operation of networks is to
                                                                            be considered a sectoral activity?
Is the rule contained in Paragraph 39(2) No 7a of the                  2.   Which activities fall within the scope of ‘the operation of
Arzneimittelgesetz (Law on Medicinal Products, ‘AMG’) com-                  networks providing a service to the public in the field of
patible with Directive 2001/83/EC of the European Parliament                transport by railway’ under Article 2(2)(c) of Directive
and of the Council of 6 November 2001 (1) (‘Directive 2001/                 93/38/EEC? To what extent are, in particular, measures
83/EC’) in so far as it refuses registration for a medicinal                in the field of infrastructure to be subsumed under this
product composed of bibliographically identified homeopathic                heading? To what extent are such measures in the field of
constituents if its ‘administration as a homeopathic medicinal              infrastructure to be classified under the heading ‘provision
product is not generally known’?                                            of networks’?
 ---pagebreak--- 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.