CELEX: C2000/149/46
Language: en
Date: 2000-05-27 00:00:00
Title: Case C-98/00: Action brought on 15 March 2000 by the Commission of the European Communities against the Hellenic Republic

27.5.2000              EN                    Official Journal of the European Communities                                        C 149/25
also applicable to situations in which goods of the type                Action brought on 15 March 2000 by the Commission of
specified therein are, in the course of transit between two             the European Communities against the Hellenic Republic
countries not belonging to the European Community, tempor-
arily detained by the customs authorities in a Member State on
the basis of that regulation, at the request of a holder of rights                                (Case C-98/00)
who claims that his rights have been infringed and whose
undertaking has its registered office in a non-member country,
but whose mark is registered in a Member State of the                                            (2000/C 149/46)
European Community?
(1) OJ 1999 L 27, p. 1.                                                 An action against the Hellenic Republic was brought before
                                                                        the Court of Justice on 7 March 2000 by the Commission of
                                                                        the European Communities, represented by Richard Wain-
                                                                        wright, Principal Legal Adviser, of its Legal Service, and
                                                                        Panayiotis Panayiotopoulos, a national civil service Expert on
                                                                        secondment to the Legal Service, with an address for service in
                                                                        Luxembourg at the office of Carlos Gómez de la Cruz, also of
                                                                        the Commission’s Legal Service, Wagner Centre, Kirchberg.
Reference for a preliminary ruling by the Oberster
Gerichtshof by order of that court of 15 February 2000                  The Commission of the European Communities claims that
in the case of Rudolf Gabriel against Schlank & Schick                  the Court should:
                             GmbH
                         (Case C-96/00)                                 — declare that, by failing to adopt or, in the alternative,
                                                                            to communicate to the Commission, within the period
                                                                            prescribed the laws, regulations and administrative pro-
                        (2000/C 149/45)                                     visions necessary to comply with Council Directive
                                                                            92/13/EEC (1) of 25 February 1992 coordinating the laws,
Reference has been made to the Court of Justice of the                      regulations and administrative provisions relating to the
European Communities by order of the Oberster Gerichtshof                   application of Community rules on the procurement
(Supreme Court, Austria) of 15 February 2000, received at the               procedures of entities operating in the water, energy,
Court Registry on 13 March 2000, for a preliminary ruling in                transport and telecommunications sectors, the Hellenic
the case of Rudolf Gabriel v Schlank & Schick GmbH on the                   Republic has failed to fulfil its obligations under the Treaty
following questions:                                                        and that directive.
For the purposes of the Brussels Convention on Jurisdiction             — order the Hellenic Republic to pay the costs.
and the Enforcement of Judgments in Civil and Commercial
Matters of 27 September 1968, does the provision in Para-
graph 5j of the Austrian Consumer Protection Law (Konsumen-
tenschutzgesetz (KSchG), BGBl 1979/140, in the version of
Art I, para. 2 of the Austrian Distance Selling Law (Fernabsatz-        Pleas in law and main arguments
Gesetz), BGBl I 1999/185), which entitles certain consumers
to claim from undertakings in the courts prizes ostensibly won
by them where the undertakings send (or have sent) them                 The binding nature of the third paragraph of Articles 249 and
prize notifications or other similar communications worded              10 EC (ex Articles 189 and 5 of the EC Treaty) requires
so as to give the impression that they have won a particular            Member States to take the measures necessary to transpose
prize, constitute:                                                      directives into their legal system before the expiry of the period
                                                                        prescribed for that purpose and to notify those measures to
(1) a contractual claim under Article 13(3);                            the Commission immediately. When the relevant time-limit
                                                                        expired on 1 January 1998 the Hellenic Republic had not
     or                                                                 notified the Commission of measures transposing the directive
                                                                        in question into national law.
(2) a contractual claim under Article 5(1);
     or
                                                                        (1) OJ L 76 of 23.3.1992, p. 14.
(3) a claim in respect of a tort, delict or quasi-delict under
     Article 5(3)