CELEX: C2000/355/19
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-360/00: Reference for a preliminary ruling by order of the Bundesgerichtshof of 30 March 2000 in the case of Land Hessen against G. Ricordi & Co. Bühnen- und Musikverlag GmbH

C 355/10              EN                    Official Journal of the European Communities                                     9.12.2000
2.   Conversely, does a national provision which, in                   Reference for a preliminary ruling by the Oberlandesge-
     implementing a ‘harmonising’ directive, omits the above-          richt Düsseldorf by order of that court of 2 August 2000
     mentioned requirements, conform with Community law?               in the case of Buchhändler-Vereinigung GmbH against
                                                                       Saur Verlag GmbH & Co. KG and Die Deutsche Bibliothek
                                                                                                (Case C-358/00)
(1) OJ L 141 of 11.6.1993, p. 27.
                                                                                                (2000/C 355/18)
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by order of the Oberlandesgericht
                                                                       Düsseldorf (Higher Regional Court, Düsseldorf) of 2 August
                                                                       2000, received at the Court Registry on 27 September 2000,
                                                                       for a preliminary ruling in the case of Buchhändler-Vereinigung
                                                                       GmbH against Saur Verlag GmbH & Co. KG and Die Deutsche
                                                                       Bibliothek on the following question concerning the interpret-
                                                                       ation of Articles 1 and 8 of Council Directive 97/52/EEC (1) of
                                                                       18 June 1992 concerning the coordination of procedures for
                                                                       the award of public service contracts, amended by Directive
Reference for a preliminary ruling by the Verwaltungsge-               97/52/EC (2) of 13 October 1997 (hereinafter ‘the Service
richt Bremen by order of 22 May 2000 in the case of Fikri              Directive’):
              Akdenk v Stadtgemeinde Bremen
                                                                       Does the Service Directive also apply to a contract
                        (Case C-357/00)                                (a)   by which the contracting authority confers on the
                                                                             contractor the exclusive publishing rights (right of repro-
                                                                             duction and distribution) in a bibliography compiled by
                                                                             it — in this case the German National Bibliography,
                        (2000/C 355/17)
                                                                       (b) which requires the contractor to reproduce and market
                                                                             the bibliography on his own account and to pay the
Reference has been made to the Court of Justice of the                       contracting authority a reasonable fee on the basis of the
European Communities by order of 22 May 2000 by the                          publishing proceeds for each copy sold, and
Verwaltungsgericht (Administrative Court) Bremen, which was
received at the Court Registry on 27 September 2000, for a             (c)   in which the contracting authority reserves rights of
preliminary ruling in the case of Fikri Akdenk v Stadtgemeinde               supervision and codetermination with regard to the
Bremen on the following questions:                                           reproduction and distribution of the bibliography?
1.   Is a family member within the meaning of Article 7, first         (1) OJ L 209 of 24.7.1992, p. 1.
     paragraph, first indent, of Decision No 1/80 of the EEC-          (2) OJ L 328 of 28.11.1997, p. 1.
     Turkey Association Council on the development of the
     Association (Decision No 1/80) entitled to have access to
     the labour market even in the case where, after satisfying
     the conditions set out in the first paragraph of Article 7
     of Decision No 1/80, he has been given a custodial
     sentence of seven years and six months, of which he shall
     have to serve at least one half or two thirds?
                                                                       Reference for a preliminary ruling by order of the
                                                                       Bundesgerichtshof of 30 March 2000 in the case of Land
                                                                       Hessen against G. Ricordi & Co. Bühnen- und Musikverlag
2.   Does a right of access to the labour market also exist                                          GmbH
     under the first paragraph of Article 7 of Decision No 1/80,
     notwithstanding a long-term custodial sentence, in the
     case where the member of the family of the Turkish                                         (Case C-360/00)
     worker is entitled only to respond to any offer of
     employment subject to the priority to be given to workers                                  (2000/C 355/19)
     from the Member States (Article 7, first paragraph, first
     indent)?                                                          Reference has been made to the Court of Justice of the
                                                                       European Communities by the Bundesgerichtshof (Federal
                                                                       Court of Justice) by order of 30 March 2000, received at the
                                                                       Court Registry on 28 September 2000, for a preliminary ruling
                                                                       in the case of Land Hessen against G. Ricordi & Co. Bühnen-
                                                                       und Musikverlag GmbH on the following question:
 ---pagebreak--- 9.12.2000                EN                    Official Journal of the European Communities                                        C 355/11
Must the prohibition of discrimination in the first paragraph             Action brought on 2 October 2000 by the Commission
of Article 12 EC be applied in cases where a foreign author               of the European Communities against the Italian Republic
had already died when the Treaty entered into force in the
State of which he was a national, if otherwise the consequence,
under national law, would be unequal treatment as regards the
term of protection of the foreign author’s works and of those                                      (Case C-365/00)
of a national author who also died before the entry into force
of the Treaty?
                                                                                                  (2000/C 355/21)
                                                                          An action against the Italian Republic was brought before the
                                                                          Court of Justice of the European Communities on 2 October
                                                                          2000 by the Commission of the European Communities,
                                                                          represented by Richard Wainwright, Principal Legal Adviser,
Action brought on 3 October 2000 by the Commission                        and Roberto Amorosi, Magistrato di Tribunale, on secondment
of the European Communities against the Kingdom of the                    to the Legal Service, acting as Agents, with an address for
                             Netherlands                                  service in Luxembourg at the Chambers of Carlos Gómez de
                                                                          la Cruz, Wagner Centre, Kirchberg.
                           (Case C-364/00)
                                                                          The applicant claims that the Court should:
                           (2000/C 355/20)
                                                                          —     declare that, by adopting and keeping in force Article 28
An action against the Kingdom of the Netherlands was brought                    of Law No 128 of 24 April 1998, which makes it a
before the Court of Justice of the European Communities                         requirement that the labels of cosmetic products state
on 3 October 2000 by the Commission of the European                             whether the fragrances or perfume essences contained in
Communities, represented by Th. Van Rijn, Legal Adviser,                        them are of natural or artificial origin, has failed to fulfil
acting as Agent, with an address for service in Luxembourg at                   its obligations under Council Directive 76/768/EEC of
the office of C. Gómez de la Cruz, of the Commission’s Legal                   27 July 1976 on the approximation of the laws of
Service, Wagner Centre, Kirchberg.                                              the Member States relating to cosmetic products (1), as
                                                                                amended for the sixth time by Council Directive
                                                                                93/35/EEC of 14 June 1993 (2), in particular by the third
The applicant claims that the Court should:                                     subparagraph of Article 6(1)(g) of that directive;
—     Declare that, by failing to bring into force within the             —     order the Italian Republic to pay the costs.
      prescribed period the laws, regulations and administrative
      provisions necessary to comply with Council Directive
      97/70/EC (1) of 11 December 1997 setting up a harmon-
      ised safety regime for fishing vessels of 24 metres in
      length and over, the Kingdom of the Netherlands has                 Pleas in law and main arguments
      failed to fulfil its obligations under the Treaty;
                                                                          The Commission argues that, because the Italian law in
—     Order the Kingdom of the Netherlands to pay the costs.              question prevents the free movement within Italian territory
                                                                          of cosmetic products which carry no indication of whether the
                                                                          fragrances or perfume essences contained in them are of
Pleas in law and main arguments                                           natural or artificial origin, that law introduces an additional
                                                                          requirement not contemplated by Directive 76/768/EEC and
                                                                          thus prohibited by it. Furthermore, the Italian authorities
The pleas in law and main arguments are similar to those in               themselves have demonstrated that they are aware of this
Case C-335/00 (2); the period for implementation expired on               matter, albeit that they have shown themselves unable to
1 January 1999.                                                           resolve the problem.
(1) OJ 1998 L 34, pp. 1-29.                                               (1) OJ L 262 of 27.9.1976, p. 169.
(2) OJ C …                                                                (2) OJ L 151 of 23.6.1993, p. 32.