CELEX: C1998/258/19
Language: en
Date: 1998-08-15 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 17 June 1998 in Case C-68/96 (reference for a preliminary ruling from the Tribunale di Trento): Grundig Italiana SpA v Ministero delle Finanze (National tax on audiovisual and photo-optical products - Internal taxation - Possible incompatibility with Community law)

15.8.98               EN                  Official Journal of the European Communities                                    C 258/11
              JUDGMENT OF THE COURT                                  Oberverwaltungsgericht (Higher Administrative Court,
                       (Sixth Chamber)                               Schleswig-Holstein) (Germany), for a preliminary ruling in
                                                                     the proceedings pending before that Court between
                       of 17 June 1998                               Wilhelm Mecklenburg and Kreis Pinneberg Ð Der
in Case C-68/96 (reference for a preliminary ruling from             Landrat, intervening party: Der Vertreter des öffentlichen
the Tribunale di Trento): Grundig Italiana SpA v                     Interesses, Kiel Ð on the interpretation of Articles 2(a)
                  Ministero delle Finanze (1)                        and 3(2), third indent, of Council Directive 90/313/EEC of
                                                                     7 June 1990 on the freedom of access to information on
(National tax on audiovisual and photo-optical products              the environment (OJ L 158 of 23.6.1990, p. 56) Ð the
Ð Internal taxation Ð Possible incompatibility with                  Court (Sixth Chamber), composed of: H. Ragnemalm,
                       Community law)                                President of the Chamber, R. Schintgen (Rapporteur), G. F.
                        (98/C 258/19)                                Mancini, J. L. Murray and G. Hirsch, Judges; A. La
                                                                     Pergola, Advocate General; D. Louterman-Hubeau,
                (Language of the case: Italian)                      Principal Administrator, for the Registrar, has given a
                                                                     judgment on 17 June 1998, in which it has ruled:
  (Provisional translation; the definitive translation will be
         published in the European Court Reports)                    1. Article 2(a) of Council Directive 90/313/EEC of 7 June
                                                                          1990 on the freedom of access to informationon the
In Case C-68/96: reference to the Court under Article 177                 environment is to be interpreted as covering a
of the EC Treaty by the Tribunale di Trento (Italy) for a                 statement of views given by a countryside protection
preliminary ruling in the proceedings pending before that                 authority in development consent proceedings if that
Court between Grundig Italiana SpA and Ministero delle                    statement is capable of influencing the outcome of
Finanze Ð on the interpretation of Article 95 of the EC                   those proceedings as regards interests pertaining to the
Treaty Ð the Court (Sixth Chamber), composed of: H.                       protection of the environment.
Ragnemalm, President of the Chamber, G. F. Mancini and
J. L. Murray (Rapporteur), Judges; C. O. Lenz, Advocate
                                                                     2. The term preliminary investigation proceedings' in the
General; L. Hewlett, Administrator, for the Registrar, has
                                                                          third indent of Article 3(2) of the Directive is to be
given a judgment on 17 June 1998, in which it has ruled:
                                                                          interpreted as including an administrative procedure
                                                                          such as that referred to in Paragraph 7(1)(2) of the
Article 95 of the EC Treaty must be interpreted as                        Umweltinformationsgesetz, which merely prepares the
precluding a Member State from introducing and levying a                  way for an administrative measure, only if it
consumption tax in so far as the taxable amount and the                   immediately precedes a contentious or quasi-
procedure for collecting the tax are different for domestic               contentious procedure and arises from the need to
products and for products imported from other Member                      obtain proof or to investigate a matter prior to the
States.                                                                   opening of the actual procedure.
(1) OJ C 133 of 4.5.1996.
                                                                     (1) OJ C 354 of 23.11.1996.
              JUDGMENT OF THE COURT
                       (Sixth Chamber)                                              JUDGMENT OF THE COURT
                       of 17 June 1998                                                      (Sixth Chamber)
in Case C-321/96 (reference for a preliminary ruling from                                   of 17 June 1998
the Schleswig-Holsteinisches Oberverwaltungsgericht):                in    Case   C-214/97: Commission of the European
Wilhelm Mecklenburg v Kreis Pinneberg Ð Der Landrat,                            Communities v Portuguese Republic (1)
intervening party: Der Vertreter des öffentlichen Interesses,
                            Kiel (1)                                 (Failure of a Member State to fulfil its obligations Ð
                                                                     Directive 75/440/EEC Ð Failure to transpose within the
(Environment Ð Access to information Ð Directive 90/                                       prescribed period)
313/EEC Ð Administrative measure for the protection of
 the environment Ð Preliminary investigation proceedings)                                    (98/C 258/21)
                        (98/C 258/20)
                                                                                   (Language of the case: Portuguese)
              (Language of the case: German)
                                                                       (Provisional translation; the definitive translation will be
  (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
         published in the European Court Reports)
In Case C-321/96: reference to the Court under Article 177           In Case C-214/97: Commission of the European
of the EC Treaty from the Schleswig-Holsteinisches                   Communities (Agent: Francisco de Sousa Fialho) v