CELEX: C2001/348/20
Language: en
Date: 2001-12-08 00:00:00
Title: Case C-369/01: Reference for a preliminary ruling by the Bundessozialgericht by order of that court of 2 August 2001 in the case of Nadi Sahin against Bundesanstalt für Arbeit

8.12.2001             EN                  Official Journal of the European Communities                                      C 348/11
Reference for a preliminary ruling, by the Bundesfinanzh-            Angestelltenkrankenkassen e.V., 6. Verband der Arbeiter-
of, by order of that court of 17 July 2001, in the case              Ersatzkassen, 7. Bundesknappschaft and 8. See-Krankenkasse
of Hamann International GmbH Spedition and Logistik                  against Gödecke Aktiengesellschaft and Intersan, Institut für
         against Hauptzollamt Hamburg-St. Annen                      pharmazeutische und klinische Forschung GmbH on the
                                                                     following questions:
                         (Case C-337/01)
                                                                     1.   Are Articles 81 and 82 EC to be interpreted as precluding
                                                                          national rules under which national leading associations
                         (2001/C 348/18)                                  of statutory sickness insurance determine binding
                                                                          maximum amounts for all statutory sickness funds and
                                                                          compensatory sickness funds up to which the funds bear
                                                                          the costs of medicines, where the legislature defines the
Reference has been made to the Court of Justice of the                    criteria by which the maximum amounts are to be
European Communities by order of the Bundesfinanzhof                      calculated, providing in particular that the fixed amounts
(Federal Finance Court) of 17 July 2001, received at the Court            must ensure comprehensive and quality-assured treat-
Registry on 10 September 2001, for a preliminary ruling in                ment of insured persons as well as an adequate range of
the case of Hamann International GmbH Spedition and                       therapeutic alternatives, and the determination is subject
Logistik against Hauptzollamt Hamburg-St. Annen, on the                   to comprehensive review by the courts, which may be
following question:                                                       initiated by both insured persons and affected medicinal
                                                                          product manufacturers?
Is there a removal from customs supervision of re-exported
                                                                     2.   If question 1 is answered in the affirmative:
non-Community goods resulting in the incurring of a customs
debt under Article 203(1) of Council Regulation (EEC)
No 2913/92 (1) solely by virtue of the fact that the goods                Does Article 86(2) EC exempt such a determination from
intended for re-export from the customs territory of the                  Articles 81 and 82 EC where the purpose of the
Community were not placed under the external transit pro-                 determination is to safeguard, in the manner provided for
cedure immediately on removal from the customs warehouse?                 in paragraph 35 SGB V, a sickness insurance scheme
                                                                          whose existence was endangered by a significant increase
                                                                          in costs?
(1) OJ 1992 L 302, p. 1.
                                                                     3.   If question 1 is answered in the affirmative and question 2
                                                                          in the negative:
                                                                          Are leading associations such as the defendants liable to
                                                                          claims under Community law for damages and an
                                                                          injunction even where in determining maximum amounts
                                                                          they follow a statutory direction, notwithstanding that
References for a preliminary ruling by the Bundesgericht-                 national law does not impose any penalty for refusal to
shof by orders of that court of 3 July 2001 in the cases of               assist in the making of such a determination?
1. AOK Bundesverband, 2. Bundesverband der Betrieb-
skrankenkassen, 3. Bundesverband der Innungskrankenk-
assen, 4. Bundesverband der landwirtschaftlichen Krank-
enkassen, 5. Verband der Angestelltenkrankenkassen e.V.,
6. Verband der Arbeiter-Ersatzkassen, 7. Bundes-
knappschaft and 8. See-Krankenkasse against Gödecke
Aktiengesellschaft and Intersan, Institut für pharmazeuti-
     sche und klinische Forschung GmbH, respectively
                                                                     Reference for a preliminary ruling by the Bundessozial-
               (Cases C-354/01 and C-355/01)                         gericht by order of that court of 2 August 2001 in the
                                                                         case of Nadi Sahin against Bundesanstalt für Arbeit
                         (2001/C 348/19)
                                                                                             (Case C-369/01)
Reference has been made to the Court of Justice of the                                       (2001/C 348/20)
European Communities by order of the Bundesgerichshof of
3 July 2001, received at the Court Registry on 20 September
2001, for a preliminary ruling in the cases of 1. AOK
Bundesverband, 2. Bundesverband der Betriebskrankenkassen,
3. Bundesverband der Innungskrankenkassen, 4. Bundesver-             Reference has been made to the Court of Justice of the
band der landwirtschaftlichen Krankenkassen, 5. Verband der          European Communities by order of the Bundessozialgericht
 ---pagebreak--- C 348/12                EN                    Official Journal of the European Communities                                    8.12.2001
(Federal Social Court) of 2 August 2001, received at the Court           The Commission claims that the Court should:
Registry on 25 September 2001, for a preliminary ruling in
the case of Nadi Sahin against Bundesanstalt für Arbeit (Federal         —     declare that, by failing to adopt and to notify to the
Labour Office) on the following question:                                      Commission, within the time-limit laid down, the laws,
                                                                               regulations and administrative provisions necessary to
1.     Is Article 41(1) of the Additional Protocol of 23 Novem-                comply fully with Council Directive 98/81/EC (1) of
       ber 1970 to the Agreement establishing an Association                   26 October 1998 amending Directive 90/219/EEC on
       between the European Economic Community and Turkey                      the contained use of genetically modified micro-organ-
       to be interpreted as meaning:                                           isms, the Hellenic Republic has failed to fulfil its obli-
                                                                               gations under the EC Treaty;
       (a)  that a Turkish worker is entitled to plead a restriction
            on the freedom to provide services which is contrary         —     order the Hellenic Republic to pay the costs.
            to the Additional Protocol and, if so,
       (b) that there is also a restriction on the freedom to
            provide services where a Member State of the                 Pleas in law and main arguments
            Community abolishes an existing work permit
            exemption for Turkish drivers engaged in inter-
            national haulage who are employed by a (Turkish)             In accordance with the third paragraph of Article 249 of the
            employer with its seat in Turkey?                            Treaty establishing the European Community, directives are
                                                                         binding, as to the result to be achieved, upon each Member
                                                                         State to which they are addressed.
2.     Does such a restriction concern exclusively the freedom
       to provide services or does it also or solely concern
       conditions of access to employment within the meaning
       of Article 13 of Decision No 1/80 of the Association              Under the first paragraph of Article 10 of the Treaty, Member
       Council of 19 September 1980 on the development                   States are to take all appropriate measures, whether general or
       of the Association between the European Economic                  particular, to ensure fulfilment of the obligations arising out
       Community and Turkey?                                             of the Treaty or resulting from action taken by the institutions
                                                                         of the Community.
3.     Is Article 13 of Decision No 1/80 of the Association
       Council of 19 September 1980 on the development                   It is not disputed by the Hellenic Republic that it must adopt
       of the Association between the European Economic                  measures to comply with the abovementioned directive.
       Community and Turkey also to be applied to Turkish
       employees of an employer with its seat in Turkey who,
       as long-distance lorry drivers engaged in international           The Commission records that until now the Hellenic Republic
       haulage, regularly pass through a Member State of the             has not adopted the appropriate measures for the full incorpor-
       Community without belonging to the (legitimate) labour            ation of the Directive at issue into Greek law.
       force of that Member State?
                                                                         (1) OJ L 330, 5.12.1998, p. 13.
Action brought on 26 September 2001 by the Com-
mission of the European Communities against the Hellen-
                            ic Republic                                  Action brought on 27 September 2001 by the Com-
                                                                            mission of the European Communities against Ireland
                         (Case C-371/01)
                                                                                                  (Case C-375/01)
                         (2001/C 348/21)
                                                                                                  (2001/C 348/22)
An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 26 Sep-              An action against Ireland was brought before the Court of
tember 2001 by the Commission of the European Communi-                   Justice of the European Communities on 27 September 2001
ties, represented by Götz zur Hausen, Legal Adviser, and Panos           by the Commission of the European Communities, represented
Panagiotopoulos, a national civil servant on secondment to its           by Richard Wainwright, acting as agent, with an address for
Legal Service.                                                           service in Luxembourg.