CELEX: C1998/378/18
Language: en
Date: 1998-12-05 00:00:00
Title: Reference for a preliminary ruling by the Cour d'Appel, Lyon (Seventh Chamber) by judgment of that court of 16 September 1998 in the case of Ministère Public against Yannick Geffroy - Civilly liable: SNC Casino France (Case C-366/98)

C 378/10              EN                Official Journal of the European Communities                                      5.12.98
(Finance Court) Düsseldorf (Fourth Senate) of 5 October            Action brought on 16 October 1998 by Commission of
1998, received at the Court Registry on 12 October 1998,               the European Communities against French Republic
for a preliminary ruling in the case of Brinkmann
Tabakfabriken GmbH v. Hauptzollamt Bielefeld on the                                       (Case C-373/98)
following questions:                                                                        (98/C 378/19)
Does paragraph 4.1.2 of the Tabaksteuergesetz (Law on
Tobacco Tax) in the version current as at 21.12.1992
(Bundesgesetzblatt 1992, Part I, p. 2150) constitute an            An action against the French Republic was brought before
incorrect implementation of Article 3(1) of Council                the Court of Justice of the European Communities on
Directive 92/80/EEC of 19 October 1992 on the                      16 October 1998 by the Commission of the European
approximation of taxes on manufactured tobacco other               Communities, represented by Paolo Stancanelli, of its
than cigarettes (OJ L 316, 31.10.1992, p. 10)?;                    Legal Service, and Olivier Couvert-CasteÂra, a national
                                                                   civil servant on secondment to the Legal Service, acting as
                                                                   Agents, with an address for service in Luxembourg at the
If the Court of Justice answers that question in the               office of Carlos Gómez de la Cruz, of its Legal Service,
affirmative:                                                       Wagner Centre, Kirchberg.
Does Article 3(1) of that directive confer upon a person
chargeable to tobacco tax a direct right to be taxed in            The applicant claims that the Court should:
accordance with the directive, with the result that the
national courts are to set aside the minimum rate of tax
which is applied to cigars/cigarillos in Germany contrary
to the wording of the directive?'                                  1. declare that by failing to take all the necessary
                                                                        measures to comply with the judgment of the Court of
                                                                        27 April 1988 in Case 252/85 (1), the French Republic
                                                                        has failed to fulfil its obligations under Article 171(1)
                                                                        of the EC Treaty;
Reference for a preliminary ruling by the Cour d'Appel,
                                                                   2. order the French Republic to pay a periodic penalty
Lyon (Seventh Chamber) by judgment of that court of
                                                                        payment of ECU 105 500 per day in respect of each
16 September 1998 in the case of MinisteÁre Public against
                                                                        day as from the notification of the abovementioned
    Yannick Geffroy Ð Civilly liable: SNC Casino France
                                                                        judgment until it complies with the obligations
                       (Case C-366/98)                                  referred to at paragraph 1;
                         (98/C 378/18)
                                                                   3. order the French Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour d'Appel
(Court of Appeal), Lyon (Seventh Chamber), of
16 September 1998, received at the Court Registry on               Pleas in law and main arguments adduced in support:
14 October 1998, for the preliminary ruling in the case of
MinisteÁre Public (Public Prosecutor's Office) v. Yannick
Geffroy Ð Civilly responsible: SNC Casino France, on the
                                                                   Ð The Commission finds that in so far as it is aware:
following question:
Do the combined provisions of Article 30 of the EC                      Ð the list of protected bird species the taking or
Treaty and Article 14 of Council Directive 79/112/EEC of                    keeping of whose eggs or the destruction or
18 December 1978. On the approximation of the laws of                       removal of whose nests must be prohibited still
the Member States relating to the labelling, presentation                   does not include all those mentioned in Council
and advertising of foodstuffs for sale to the ultimate                      Directive 79/409/EEC (2);
consumer (1) preclude the application of national
legislation such as that contained in Decree No 84-1147
of 7 December 1984, applying the Law of 1 August 1905                   Ð the bird species the keeping of which is prohibited
which was applicable at the time, as amended by Article                     under French legislation have still not been defined
L. 213-1 et seq. of the Code de la Consommation                             in a manner which corresponds exactly with the
(Consumer Code)?                                                            requirements of the directive.
(1) OJ L 33, 8.2.1979, p. 1.
                                                                   Ð In fixing the amount of the periodic penalty payment
                                                                        which it proposes to impose, the Commission has