CELEX: C2003/184/42
Language: en
Date: 2003-08-02 00:00:00
Title: Case C-242/03: Reference for a preliminary ruling by the Cour administrative by order of that Court of 3 June 2003 in the case of Minister for Finance against Jean-Claude Weidert and Elisabeth Paulus

C 184/24                EN                          Official Journal of the European Union                                            2.8.2003
Pursuant to Article 6(3) of the Protocol, the discharge into the            Action brought on 6 June 2003 by the Commission of the
lake of the substances referred to in Article 6(1) is subject to                European Communities against the Hellenic Republic
two, cumulative conditions: first, there must be a discharge
authorisation issued by the competent national authorities and,                                      (Case C-246/03)
secondly, that authorisation must take due account of all the
relevant provisions of Annex III to the Protocol. The French                                         (2003/C 184/43)
Republic has failed to comply with either of those two condi-
tions.
                                                                            An action against the Hellenic Republic was brought before the
(1) OJ L 67 of 12.03.1983, p. 3.                                            Court of Justice of the European Communities on 6 June 2003
(2) Convention for the Protection of the Mediterranean Sea against          by the Commission of the European Communities, represented
    Pollution (Barcelona Convention), OJ L 240 of 19.9.1977, p. 3.          by Minas Konstantinidis, of its Legal Service.
(3) Council Decision of 25 July 1977 concluding the Convention for
    the protection of the Mediterranean Sea against pollution and the
    Protocol for the prevention of the pollution of the Mediterranean       The Commission claims that the Court should:
    Sea by dumping from ships and aircraft (OJ L 240 of 19.09.1977,
    p. 1).                                                                  —     declare that, by failing to adopt and, in any event, to
(4) Council Decision of 28 February 1983 concluding the Protocol for              notify to the Commission the laws, regulations and
    the protection of the Mediterranean Sea against pollution from                administrative provisions necessary to comply with Direc-
    land-based sources (OJ L 67 of 12.03.1983, p. 1).                             tive 2000/53/EC (1) of the European Parliament and of the
                                                                                  Council of 18 September 2000 on end-of-life vehicles, the
                                                                                  Hellenic Republic has failed to fulfil its obligations under
                                                                                  that directive;
                                                                            —     order the Hellenic Republic to pay the costs.
                                                                            Pleas in law and main arguments
                                                                            In accordance with the third paragraph of Article 249 EC,
                                                                            directives are binding, as to the result to be achieved, upon
Reference for a preliminary ruling by the Cour adminis-                     each Member State to which they are addressed.
trative by order of that Court of 3 June 2003 in the case
of Minister for Finance against Jean-Claude Weidert and                     Under the first paragraph of Article 10 EC, Member States are
                           Elisabeth Paulus                                 to take all appropriate measures, whether general or particular,
                                                                            to ensure fulfilment of the obligations arising out of the Treaty
                                                                            or resulting from action taken by the institutions of the
                                                                            Community.
                           (Case C-242/03)
                                                                            It is not disputed by the Hellenic Republic that it must adopt
                                                                            measures to comply with the abovementioned directive.
                           (2003/C 184/42)
                                                                            The Commission records that until now the Hellenic Republic
                                                                            has not adopted the appropriate measures for the full incor-
                                                                            poration of the directive at issue into Greek law.
Reference has been made to the Court of Justice of the                      (1) OJ L 269, 21.10.2000, p. 34.
European Communities by order of the Cour administrative
(Higher Administrative Court) of 3 June 2003, received at the
Court Registry on 6 June 2003, for a preliminary ruling in the
case of Minister for Finance against Jean-Claude Weidert and
Elisabeth Paulus on the following question:
                                                                            Action brought on 6 June 2003 by the Commission of the
                                                                                European Communities against the Hellenic Republic
Is Article 129c of the Law of 4 December 1967 on income
tax, as amended, in the version applicable to the 2000 tax
                                                                                                     (Case C-247/03)
year, which, subject to certain conditions and limits, grants tax
relief to taxpayers who are natural persons and acquire shares
representing cash contributions in fully-taxable resident capital                                    (2003/C 184/44)
companies, compatible with the principle of the free move-
ment of capital within the European Community as laid down
by Article 56(1) of the EC Treaty, taking account of the                    An action against the Hellenic Republic was brought before the
restrictions on that principle laid down inter alia by                      Court of Justice of the European Communities on 6 June 2003
Article 58(1)(a) of the EC Treaty?                                          by the Commission of the European Communities, represented
                                                                            by Michel van Beek, Legal Adviser, and Minas Konstantinidis,
                                                                            of its Legal Service.