CELEX: C1998/072/21
Language: en
Date: 1998-03-07 00:00:00
Title: Reference for a preliminary ruling from the Landgericht Heilbronn by order of that court of 16 June 1997 in the case of Dansommer A/S, Denmark v. Andreas Götz (Case C-8/98)

C 72/12              EN                Official Journal of the European Communities                                          7.3.98
Reference for a preliminary ruling from the Landgericht           Must the answer to that question be different in the case
Heilbronn by order of that court of 16 June 1997 in the           of taking part in a competition to find the national
    case of Dansommer A/S, Denmark v. Andreas Götz                champion of the Member State concerned?
                        (Case C-8/98)
                         (98/C 72/21)                             Further, may the person in question claim the right to be
                                                                  treated in the same way as nationals of that State with
                                                                  respect to the teams selected by the national sports
                                                                  federation of the Member State concerned for
Reference has been made to the Court of Justice of the
                                                                  participation in major international tournaments and
European Communities by an order of the Landgericht
                                                                  competitions such as the European or World
(Regional Court), Heilbronn, of 16 June 1997, which was
                                                                  Championships or the Olympic Games, or may the
received at the Court Registry on 14 January 1998, for a
                                                                  national federations reserve such selection for their
preliminary ruling in the case of Dansommer A/S,
                                                                  nationals exclusively?
Denmark v. Andreas Götz on the following question:
                                                                  (1) Regulation (EEC) No 1612/68 of the Council of 15 October
Is Article 16(1)(a) of the Convention applicable to letting           1968 on freedom of movement for workers within the
                                                                      Community (OJ, English Special Edition 1968, p. 475).
agreements for holiday homes where the liability of the           (2) Council Directive 73/148/EEC of 21 May 1973 on the
tour operator is limited to the letting of a holiday home             abolition of restrictions on movement and residence within the
and travel costs insurance in the event of cancellation               Community for nationals of Member States with regard to
provided for by way of a form, but the owner and lessee               establishment and the provision of services (OJ L 172,
of the holiday home are not resident in the same                      28.6.1973, p. 14).
Contracting state?
                                                                  Reference for a preliminary ruling by the Audiencia
Reference for a preliminary ruling from the Tribunal de           Provincial de Palma de Mallorca (Sección 3a) by order of
PremieÁre Instance de Namur by judgment of that court of          that court of 12 January 1998 in the case of M. Amengual
5 January 1998 in the case of Ermanno Agostini and                                      Far v. J. Amengual Far
Emanuele Agostini v. Ligue Francophone de Judo et
                                                                                             (Case C-12/98)
Disciplines AssocieÂes ASBL and Ligue Belge de Judo ASBL
                        (Case C-9/98)                                                         (98/C 72/23)
                         (98/C 72/22)
                                                                  Reference has been made to the Court of Justice of the
                                                                  European Communities by order of the Audiencia
Reference has been made to the Court of Justice of the            Provincial de Palma de Mallorca (Sección 3a) (Provincial
European Communities by a judgment of the First Civil             Court, Mallorca, Third Chamber) of 12 January 1998,
Chamber of the Tribunal de PremieÁre Instance de Namur            which was received at the Court Registry on 20 January
(Court of First Instance, Namur) of 5 January 1998,               1998, for a preliminary ruling in the case of M. Amengual
which was received at the Court Registry on 15 January            Far v. J. Amengual Far on the following questions:
1998, for a preliminary ruling in the case of Ermanno
Agostini and Emanuele Agostini v. Ligue Francophone de
Judo et Disciplines AssocieÂes ASBL and Ligue Belge de            1. Has the Spanish law on VAT, by making subject to
Judo ASBL on the following questions:                                  that tax any letting or lease of immovable property in
                                                                       which an economic activity is pursued, transposed
                                                                       correctly Article 13B of Directive 77/388/EEC? (1)
Is it consistent or not with the Treaty of Rome, in
particular Articles 6, 48 and 59 et seq. thereof, and with
Regulation (EEC) No 1612/68 (1) and Council Directive             2. Should the Court rule that Article 13B of Directive
73/148/EEC (2) to prohibit a national of a Member State                77/388/EEC has not been correctly transposed, is that
of the European Union from taking part in a sporting                   Community provision, in so far as it lays down a
competition, whether as a professional, semi-professional              general exemption from VAT in respect of leases of
or amateur, on the ground that the person in question                  immovable property, directly applicable?
does not possess the nationality of the Member State on
whose territory the competition is organised, where it is
known that that person is the child of workers who are            (1) OJ L 145, 13.6.1977, p. 1.
established in that Member State and has himself acquired
the status of worker on the territory of that Member
State?