CELEX: C1998/007/18
Language: en
Date: 1998-01-10 00:00:00
Title: Action brought on 4 November 1997 by the Commission of the European Communities against the Hellenic Republic (Case C-377/97)

C 7/8                 EN                 Official Journal of the European Communities                                 10. 1. 98
Reference for a preliminary ruling by the Bayerische                of 16 September 1997, received at the Court Registry on
Verwaltungsgerichtshof by order of that court of                    4 November 1997, for a preliminary ruling in the case of
20 October 1997 in the case of Anton Feyrer against                 Bezirksregierung Lüneburg (Lüneburg District Authority)
Landkreis Rottal-Inn (also party: Landesanwaltschaft                v. Karl-Heinz Wettwer on the following question
       Bayern as representative of the public interest)             concering Regulation (EEC) No 805/68 (1) as amended by
                        (Case C-374/97)                             Regulation (EEC) No 571/89 (2) and Regulations (EEC)
                                                                    No 572/89 (3) and (EEC) No 719/89 (4):
                           (98/C 7/16)
                                                                    Is entitlement to a beef and veal producers' special
Reference has been made to the Court of Justice of the
                                                                    premium for the year 1991 transferred to a producer to
European Communities by order of the Bayerische
                                                                    whom, during the compulsory stock holding period, the
Verwaltungsgerichtshof (Bavarian Administrative Court)
                                                                    applicant transferred his agricultural holding by way of
of 20 October 1997, received at the Court Registry on
                                                                    anticipated succession and who carried out the prescribed
3 November 1997, for a preliminary ruling in the case of
                                                                    holding and fattening of the bovine animals in question?
Anton Feyrer v. Landkreis Rottal-Inn, represented by the
Landrat (also party: Landesanwaltschaft Bayern as
representative of the public interest) on the following             (1 ) OJ, English Special Edition 1968 (I) p. 187.
questions:                                                          (2 ) OJ L 61, 4. 3. 1989, p. 43.
                                                                    (3 ) OJ L 63, 7. 3. 1989, p. 1.
                                                                    (4 ) OJ L 79, 21. 3. 1989, p. 9.
1. Can an individual oppose the collection of fees higher
    than the standard amounts listed in point 1 of the
    Annex relating to Article 2 (1) of Council Directive
    85/73/EEC (1) as amended by Council Directive 93/
    118/EC (2) where the Member State has not
    transposed Directive 93/118/EC into national law
    within the prescribed period?                                   Action brought on 4 November 1997 by the Commission
                                                                    of the European Communities against the Hellenic
2. Can a Member State collect fees higher than the                                                Republic
    standard amounts in reliance in point 4 (b) of the
    Annex relating to Article 2 (1) of Council Directive                                     (Case C-377/97)
    85/73/EEC as amended by Directive 93/118/EC                                                 (98/C 7/18)
    provided that the fees levied do not exceed the actual
    costs, no further conditions being imposed?
                                                                    An action against the Hellenic Republic was brought
3. Is the authorization given to Member States under                before the Court of Justice of the European Communities
    Article 2 (3) of Council Directive 85/73/EEC as                 on 4 November 1997 by the Commission of the European
    amended by Directive 93/118/EEC to collect an                   Communities, represented by Maria Kondou-Durande, of
    amount exceeding the Community fees dependent on                its Legal Service, with an address for service in
    the total fee collected in the Member State as a whole          Luxembourg at the office of Carlos Gómez de la Cruz, of
    and the actual inspection costs in the Member State as          its Legal Service, Wagner Centre, Kirchberg.
    a whole or is it sufficient, when the Member State has
    delegated authorization to collect the fees to the local
    authorities, that the total fee collected by the local          The applicant claims that the Court should:
    authority is not greater than the actual inspection
    costs of that authority?
                                                                    Ð declare that, by not adopting within the prescribed
(1) OJ L 32, 5. 2. 1985, p. 14.                                          period the laws, regulations and administrative
(2) OJ L 340, 31. 12. 1993, p. 15.                                       provisions necessary to implement Council Directive
                                                                         93/120/EC (1) of 22 December 1993 amending
                                                                         Directive 90/539/EEC (2) on animal health conditions
                                                                         governing intra-Community trade in and imports from
                                                                         third countries of poultry and hatching eggs, the
                                                                         Hellenic Republic has failed to fulfil its obligations
Reference      for    a      preliminary  ruling    by    the            under the Treaty and that Directive,
Bundesverwaltungsgericht by order of that court of
16 September 1997 in the case of Bezirksregierung
           Lüneburg against Karl-Heinz Wettwer                      Ð order the Hellenic Republic to pay the costs.
                        (Case C-376/97)
                           (98/C 7/17)                              Pleas in law and main arguments adduced in support:
Reference has been made to the Court of Justice of                  The time limit for implementation of Directive 93/120/EC
the European Communities by order of the                            expired on 1 January 1995. The Commission notes that
Bundesverwaltungsgericht (Federal Administrative Court)             the Hellenic Republic still has not adopted the appropriate
 ---pagebreak--- 10. 1. 98              EN                     Official Journal of the European Communities                                     C 7/9
measures to incorporate the Directive at issue fully into                Does the application of paragraph 17 (1) (2b) or (5)
Greek law. It thus seeks a declaration that the Hellenic                 of the Lebensmittel- und Bedarfsgegenständegesetz in
Republic has committed that infringement.                                conjunction with Numbers 2.19/2.3411 et seq. of the
                                                                         Leitsätze für Fleisch und Fleischerzeugnisse of the German
(1) OJ L 340, 31. 12. 1993, p. 35.                                       Lebensmittelbuch by the Landkreis Grafschaft Bentheim
(2) OJ L 303, 31. 10. 1990, p. 6.                                        or the Staatsanwaltschaft Osnabrück in the present case
                                                                         contravene Article 30 et seq. of the EEC Treaty, that is,
                                                                         the prohibition of discrimination laid down there?
Reference for a preliminary ruling from the Administrative
Court by order of that court of 22 October 1997 in the
case of Dr Gerhard Köbler v. Federal Minister for Science,               Action brought on 12 November 1997 by the Commission
                   Research and Technology                               of the European Communities against the Hellenic
                        (Case C-382/97)                                                              Republic
                           (98/C 7/19)                                                          (Case C-386/97)
                                                                                                   (98/C 7/21)
Reference has been made to the Court of Justice of the
European       Communities        by     an     order     of   the
Verwaltungsgerichtshof         (Administrative        Court)    of       An action against the Hellenic Republic was brought
22 October 1997, which was received at the Court                         before the Court of Justice of the European Communities
Registry on 7 November 1997, for a preliminary ruling in                 on 12 November 1997 by the Commission of the
the case of Dr Gerhard Köbler v. Federal Minister for                    European Communities, represented by Maria Kondou-
Science, Research and Technology on the following                        Durande, of its Legal Service, with an address for service
question:                                                                in Luxembourg at the office of Carlos Gómez de la Cruz,
                                                                         also of its Legal Service, Wagner Centre, Kirchberg.
Can a right be derived from Article 48 of the EC Treaty
and Articles 1 to 3 of Regulation (EEC) No 1612/68 (1),
                                                                         The applicant claims that the Court should:
which lay down the right of workers to freedom of
movement and to access to the labour market in the
Community, to the effect that, in a salary scheme in which
remuneration depends on, inter alia, length of service,                  Ð declare that, by not adopting within the prescribed
work of equal value which was performed in another                           period the laws, regulations and administrative
Member State must be taken into account in exactly the                       provisions necessary to implement Council Directive
same way as such work performed in the Member State                          95/23/EC of 22 June 1995 amending Directive 64/433/
applying that scheme?                                                        EEC on conditions for the production and marketing
                                                                             of fresh meat (1), the Hellenic Republic has failed to
                                                                             fulfil its obligations under the Treaty and that
(1) OJ, English Special Edition 1968 (II), p. 475.
                                                                             Directive;
                                                                         Ð order the Hellenic Republic to pay the costs.
Reference for a preliminary ruling from the Amtsgericht                  Pleas in law and main arguments adduced in support:
Nordhorn by decision of that court of 30 October 1997 in
the administrative criminal proceedings against Arnoldus
                Theodorus Maria van der Laan                             Under the third paragraph of Article 189 of the EC Treaty,
                        (Case C-383/97)                                  directives are binding, as to the result to be achieved,
                                                                         upon each Member State to which they are addressed.
                           (98/C 7/20)
                                                                         When the time limit for the transposition of the Directive
                                                                         at issue into national law expired on 1 July 1995, the
                                                                         Hellenic Republic had not adopted appropriate measures
Reference has been made to the Court of Justice of the                   for its full incorporation into Greek law.
European Communities by a decision of the Amtsgericht
Nordhorn (Nordhorn Local Court) of 30 October 1997,
which was received at the Court Registry on 10 November                  (1) OJ L 243, 11. 10. 1995, p. 7.
1997, for a preliminary ruling in the administrative
criminal proceedings against Arnoldus Theodorus Maria
van der Laan on the following question: