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Document C:2001:173:TOC
Official Journal of the European Communities, C 173, 16 June 2001
Official Journal of the European Communities, C 173, 16 June 2001
Official Journal of the European Communities, C 173, 16 June 2001
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| Official Journal of the European Communities | ISSN
0378-6986 C 173 Volume 44 16 June 2001 |
| English edition | Information and Notices | |||
| Notice No | Contents | Page | ||
| I Information | ||||
| Court of Justice | ||||
| COURT OF JUSTICE | ||||
| 2001/C 173/01 | Judgment of the Court (Sixth Chamber) of 25 January 2001 in Case C-413/98 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Directora-Geral do Departamento para os Assuntos do Fundo Social Europeu (DAFSE) v Frota Azul-Transportes e Turismo L.da (European Social Fund — Certification of facts and accounts — Powers of certification Limits) | 1 | ||
| 2001/C 173/02 | Judgment of the Court (Sixth Chamber) of 25 January 2001 in Case C-172/99 (reference for a preliminary ruling from the Korkein oikeus): Oy Liikenne Ab v Pekka Liskojärvi, Pentti Juntunen (Directive 77/187/EEC — Safeguarding of employees' rights in the event of transfers of undertakings — Directive 92/50/EEC — Public service contracts — Non-maritime public transport services) | 2 | ||
| 2001/C 173/03 | Judgment of the Court of 30 January 2001 in Case C-36/98: Kingdom of Spain v Council of the European Union, supported by French Republic, by Portuguese Republic, by Republic of Finland, and by Commission of the European Communities (Legal basis — Environment — Council decision approving the Convention on cooperation for the protection and sustainable use of the river Danube — Article 130s(l) and (2) of the EC Treaty (now, after amendment, Article 175(1) and (2) EC) — Concept of 'management of water resources') | 2 | ||
| 2001/C 173/04 | Judgment of the Court (Fifth Chamber) of 1 February 2001 in Case C-108/96 (reference for a preliminary ruling from the Tribunal de Première Instance de Bruxelles): Dennis Mac Quen, Derek Pouton, Carla Godts, Youssef Antoun and Grandvision Belgium SA, formerly Vision Express Belgium SA, being civilly liable; intervener: Union Professionnelle Belge des Médecins Spécialistes en Ophtalmologie et Chirurgie Oculaire, civil plaintiff (Interpretation of Article 5 of the EC Treaty (now Article 10 EC) and of Articles 30, 52 and 59 of the EC Treaty (now, after amendment, Articles 28 EC, 43 EC and 49 EC) — National legislation prohibiting opticians from carrying out certain optical examinations — National legislation restricting the marketing of equipment for carrying out certain optical examinations which are reserved exclusively for ophthalmologists) | 3 | ||
| 2001/C 173/05 | Judgment of the Court (Sixth Chamber) of 1 February 2001 in Case C-66/99 (reference for a preliminary ruling from the Finanzgericht Bremen (Germany)): D. Wandel GmbH v Hauptzollamt Bremen (Community Customs Code and implementing regulation — Incurrence of a customs debt on importation — Relevant time — Concept of removal from customs supervision of goods liable to import duty — Production of certificates of origin — Effect) | 3 | ||
| 2001/C 173/06 | Judgment of the Court (Fifth Chamber) of 1 February 2001 in Case C-237/99: Commission of the European Communities v French Republic, supported by United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil obligations — Directive 93/37/EEC — Public works contracts — Concept of "contracting authority") | 4 | ||
| 2001/C 173/07 | Judgment of the Court (Fifth Chamber) of 1 February 2001 in Case C-333/99: Commission of the European Communities v French Republic (Failure of a Member State to fulfil obligations — Community system for the conservation and management of fishery resources — Control of fishing and related activities — Inspection of fishing vessels and monitoring of landings (Article 5 (2) of Regulation (EEC) No 170/83 and Article 1(1) of Regulation (EEC) No 2241/87) — Temporary prohibition of fishing activities (Article 11(2) of Regulation No 2241/87) — Penal or administrative action against those responsible for infringing the Community rules on conservation and monitoring (Article 5(2) of Regulation No 170/83 and Article 1(2) of Regulation No 2241/87)) | 4 | ||
| 2001/C 173/08 | Judgment of the Court (Fifth Chamber) of 8 February 2001 in Case C-350/99 (reference for a preliminary ruling from the Arbeitsgericht Bremen, Germany): Wolfgang Lange v Georg Schünemann GmbH (Council Directive 91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship — Length of normal daily or weekly work — Rules on overtime — Rules of evidence) | 5 | ||
| 2001/C 173/09 | Judgment of the Court (Second Chamber) of 14 February 2001 in Case C-219/99: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Failure not contested — Directive 95/16/EC) | 6 | ||
| 2001/C 173/10 | Judgment of the Court of 15 February 2001 in Case C-99/98: Republic of Austria v Commission of the European Communities (Action for annulment — Plan to grant State aid in the field of power semiconductors — Notification of the Commission — Content of the notification and of supplementary questions put by the Commission — Nature and duration of the investigation — Commission's right of objection — Article 93(3) of the EC Treaty (now Article 88(3) EC)) | 7 | ||
| 2001/C 173/11 | Judgment of the Court (Sixth Chamber) of 15 February 2001 in Case C-230/99: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Infringement of Article 30 of the EC Treaty (now, after amendment, Article 28 EC) — National legislation concerning rubber materials and rubber articles entering into contact with foodstuffs, food products and beverages — Mutual recognition — No proper letter of formal notice — Action inadmissible) | 7 | ||
| 2001/C 173/12 | Judgment of the Court of 15 February 2001 in Case C-239/99 (reference for a preliminary ruling from the Finanzgericht Düsseldorf (Germany)): Nachi Europe GmbH v Hauptzollamt Krefeld (Common commercial policy — Anti-dumping measures — Article 1(2) of Regulation (EEC) No 2849/92 — Modification of the definitive anti-dumping duty on imports of ball bearings with a greatest external diameter exceeding 30 mm originating in Japan — Reference for a preliminary ruling on whether that regulation is valid — Failure by the plaintiff in the main proceedings to bring an action seeking annulment of the regulation) | 8 | ||
| 2001/C 173/13 | Judgment of the Court of 20 February 2001 in Case C-192/99 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Crown Office)): The Queen v Secretary of State for the Home Department, ex parte: Manjit Kaur, intervener: Justice (Citizenship of the Union — Nationality of a Member State — Declarations by the United Kingdom concerning the definition of the term "national" — British Overseas Citizen) | 8 | ||
| 2001/C 173/14 | Judgment of the Court of 20 February 2001 in Case C-205/99 (reference for a preliminary ruling from the Tribunal Supremo, Spain): Asociación Profesional de Empresas Navieras de Líneas Regulares (Analir) and Others v Administración General del Estado (Freedom to provide services — Maritime cabotage — Conditions for the grant and continuation of prior administrative authorisation — Concurrent application of the methods of imposing public service obligations and of concluding public service contracts) | 9 | ||
| 2001/C 173/15 | Judgment of the Court (Fifth Chamber) of 22 February 2001 in Case C-393/98 (reference for a preliminary ruling from the Supremo Tribunal Administrative (Portugal)): Ministério Público, António Gomes Valente v Fazenda Pública (Internal taxation — Special tax on motor vehicles — Second-hand vehicles) | 10 | ||
| 2001/C 173/16 | Judgment of the Court (Fifth Chamber) of 22 February 2001 in Case C-408/98 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Divisional Court)): Abbey National plc v Commissioners of Customs and Excise (VAT — Articles 5(8) and 17(2)(a) and (5) of the Sixth VAT Directive — Transfer of a totality of assets — Deduction of input tax on services used by the transferor for the purposes of the transfer — Goods and services used for the purposes of the taxable person's taxable transactions) | 10 | ||
| 2001/C 173/17 | Judgment of the Court (Fifth Chamber) of 22 February 2001 in Joined Cases C-52/99 and C-53/99 (reference for a preliminary ruling from the Cour du Travail de Liège (Belgium)): Office National des Pensions (ONP) v Gioconda Camarotto (C-52/99), Giuseppina Vignone (C-53/99) (Council Regulation (EEC) No 1408/71, as amended by Regulation (EEC) No 1248/92 — Social security Insurance relating to old age and death — Calculation of benefits — Changes to the rules governing calculation of benefits) | 11 | ||
| 2001/C 173/18 | Judgment of the Court (Second Chamber) of 22 February 2001 in Case C-187/99 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Fazenda Pública v Fábrica de Queijo Eru Portuguesa Lda (Inward processing relief arrangements — Regulation (EEC) No 1999/85 — Rate of yield of the processing operation — Authorisation issued by the competent customs authority — Power of that authority unilaterally to alter the rate of yield) | 11 | ||
| 2001/C 173/19 | Judgment of the Court (Sixth Chamber) of 6 March 2001 in Case C-278/98: Kingdom of the Netherlands v Commission of the European Communities (EAGGF — Clearance of accounts — 1994 — Cereals, beef and veal) | 12 | ||
| 2001/C 173/20 | Judgment of the Court of 6 March 2001 in Case C-273/99 P: Bernard Connolly v Commission of the European Communities (Appeal — Officials — Disciplinary proceedings — Suspension — Statement of reasons — Alleged misconduct — Articles 11, 12 and 17 of the Staff Regulations — Equal treatment) | 12 | ||
| 2001/C 173/21 | Judgment of the Court of 6 March 2001 in Case C-274/99 P: Bernard Connolly v Commission of the European Communities (Appeal — Officials — Disciplinary proceedings — Articles 11, 12 and 17 of the Staff Regulations — Freedom of expression — Duty of loyalty — Conduct reflecting on an official's position) | 13 | ||
| 2001/C 173/22 | Judgment of the Court (Fifth Chamber) of 8 March 2001 in Joined Cases C-397/98 and C-410/98 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Chancery Division): Metallgesellschaft Ltd and Others (C-397/98), Hoechst AG, Hoechst UK Ltd (C-410/98) v Commissioners of Inland Revenue, H.M. Attorney General (Freedom of establishment — Free movement of capital — Advance payment of corporation tax on profits distributed by a subsidiary to its parent company — Parent company having its seat in another Member State — Breach of Community law — Action for restitution or action for damages — Interest) | 13 | ||
| 2001/C 173/23 | Judgment of the Court (Sixth Chamber) of 8 March 2001 in Case C-405/98 (reference for a preliminary ruling from the Stockholms Tingsrätt, Sweden): Konsumentombudsmannen (KO) v Gourmet International Products AB (GIP) (Free movement of goods — Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) — Freedom to provide services — Articles 56 and 59 of the EC Treaty (now, after amendment, Articles 46 EC and 49 EC) — Swedish legislation on the advertising of alcoholic beverages — Selling arrangements — Measure having an effect equivalent to a quantitative restriction — Justification in the interest of the protection of health) | 14 | ||
| 2001/C 173/24 | Judgment of the Court (Fifth Chamber) of 8 March 2001 in Case C-415/98 (reference for a preliminary ruling from the Bundesfinanzhof): Laszlo Bakcsi v Finanzamt Fürstenfeldbruck (VAT — Articles 2(1), 5(6) and 11.A(1)(a) of the Sixth VAT Directive — Mixed-use goods — Incorporation into the private or business assets of a taxable person — Sale of a business asset — Second-hand item purchased from a private individual) | 15 | ||
| 2001/C 173/25 | Judgment of the Court of 8 March 2001 in Case C-215/99 (reference for a preliminary ruling from the Landesgericht Feldkirch): Friedrich Jauch v Pensionsversicherungsanstalt der Arbeiter (Social security for migrant workers — Austrian scheme of insurance against the risk of reliance on care — Classification of benefits and lawfulness of the residence condition from the point of view of Regulation (EEC) No 1408/71) | 15 | ||
| 2001/C 173/26 | Judgment of the Court (Sixth Chamber) of 8 March 2001 in Case C-266/99: Commission of the European Communities v French Republic (Failure of Member State to fulfil its obligations — Quality of surface water intended for the abstraction of drinking water — Directive 75/440/EEC — Conditions of drinking water abstraction in Brittany) | 16 | ||
| 2001/C 173/27 | Judgment of the Court (Sixth Chamber) of 8 March 2001 in Case C-278/99 (reference for a preliminary ruling from the Hoge Raad der Nederlanden): Criminal proceedings against Georgius van der Burg (Technical standards and regulations — Non-approved transmitting equipment — Advertising) | 16 | ||
| 2001/C 173/28 | Judgment of the Court (First Chamber) of 8 March 2001 in Case C-316/99: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 96/43/EC — Failure to transpose within the prescribed period) | 17 | ||
| 2001/C 173/29 | Judgment of the Court (Fourth Chamber) of 8 March 2001 in Case C-97/00: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Failure to transpose Directive 97/52/EC) | 17 | ||
| 2001/C 173/30 | Judgment of the Court (Third Chamber) of 8 March 2001 in Case C-266/00: Commission of the European Communities v Grand Duchy of Luxembourg (Failure by a Member State to fulfil its obligations — Directive 91/676/EEC) | 18 | ||
| 2001/C 173/31 | Judgment of the Court of 13 March 2001 in Case C-379/98 (reference for a preliminary ruling from the Landgericht Kiel, Germany): PreussenElektra AG v Schleswag AG (Electricity — Renewable sources of energy — National legislation requiring electricity supply undertakings to purchase electricity at minimum prices and apportioning the resulting costs between those undertakings and upstream network operators — State aid — Compatibility with the free movement of goods) | 18 | ||
| 2001/C 173/32 | Judgment of the Court (Fifth Chamber) of 15 March 2001 in Case C-165/98 (reference for a preliminary ruling from the Tribunal Correctionnel d'Arlon, Belgium): André Mazzoleni v Inter Surveillance Assistance SARL (Freedom to provide services — Temporary deployment of workers for performance of a contract — Directive 96/71/EC — Guaranteed minimum wage) | 19 | ||
| 2001/C 173/33 | Judgment of the Court (Fifth Chamber) of 15 March 2001 in Case C-265/99: Commission of the European Communities v French Republic (Failure by a Member State to fulfil obligations — Article 95 of the EC Treaty (now, after amendment, Article 90 EC) — Tax on motor vehicles) | 19 | ||
| 2001/C 173/34 | Judgment of the Court (Third Chamber) of 15 March 2001 in Case C-83/00: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Failure to transpose Directive 97/24/EC — Components and characteristics of two or three-wheel motor vehicles) | 20 | ||
| 2001/C 173/35 | Judgment of the Court (Fifth Chamber) of 15 March 2001 in Case C-108/00 (reference for a preliminary ruling from the Conseil d'État, France): Syndicat des Producteurs Indépendants (SPI) v Ministère de l'Économie, des Finances et de l'Industrie (Tax provisions — Harmonisation of laws — Turnover taxes — Common system of value added tax — Second indent of Article 9(2)(e) of the Sixth VAT Directive — Determination of relevant place for tax purposes — Advertising services Inclusion of services provided through the intermediary of a third party) | 21 | ||
| 2001/C 173/36 | Judgment of the Court (Sixth Chamber) of 15 March 2001 in Case C-147/00: Commission of the European Communities v French Republic (Failure of a Member State to fulfil its obligations — Quality of bathing water — Inadequate implementation of Directive 76/160/EEC) | 21 | ||
| 2001/C 173/37 | Order of the Court (Second Chamber) of 26 October 2000 in Case C-447/98 P: Molkerei Grossbraunshain GmbH and Bene Nahrungsmittel GmbH v Commission of the European Communities (Community protection of designations of origin — Commission Regulation registering the designation "Altenburger Ziegenkäse" — Application for annulment — Inadmissibility — Appeal manifestly ill-founded) | 22 | ||
| 2001/C 173/38 | Order of the Court (Third Chamber) of 15 December 2000 in Case C-86/98 (reference for a preliminary ruling from the Consiglio di Stato): Questore Macerata v Claudio Peroni (Article 104(3) of the Rules of Procedure — Question identical to a question on which the Court has already ruled) | 22 | ||
| 2001/C 173/39 | Case C-106/01: Reference for a preliminary ruling by the Court of Appeal (England & Wales) (Civil Division), by order of that court of 22 February 2001, in the case of The Queen on the application of Novartis Pharmaceuticals UK Ltd against the Licensing Authority established by the Medicines Act 1968 (acting by the Medicines Control Agency), 1) Sangstat UK Ltd and 2) Imtix-Sangstat UK Ltd, interveners | 23 | ||
| 2001/C 173/40 | Case C-114/01: Reference for a preliminary ruling from the Korkein hallinto-oikeus by order of that court of 5 March 2001 in the proceedings brought by Outokumpu Chrome Oy | 24 | ||
| 2001/C 173/41 | Case C-129/01: Reference for a preliminary ruling by the Tribunale di Bologna by order of that court of 20 February 2001 in the case of Condominio "Facchini Orsini" against Kone Ascensori SpA | 25 | ||
| 2001/C 173/42 | Case C-137/01: Reference for a preliminary ruling by the Employment Tribunal (Leeds), by order of that court of 12 January 2001, in the case of 1) Mr P. Breckon 2) Mr M. Barrett against Secretary of State for Employment | 25 | ||
| 2001/C 173/43 | Cases C-138/01 and C-139/01: Reference for a preliminary ruling by the Oberster Gerichtshof der Republik Österreich, by orders of 28 February and 14 February 2001 in the cases of Christa Neukomm against Österreichischer Rundfunk and Josef Lauermann against Österreichischer Rundfunk | 25 | ||
| 2001/C 173/44 | Case C-145/01: Action brought on 29 March 2001 by the Commission of the European Communities against the Italian Republic | 26 | ||
| 2001/C 173/45 | Case C-147/01: Reference for a preliminary ruling from the Verwaltungsgerichtshof by order of that court of 23 March 2001 in the case of (1) Weber's Wine World HandelsgesmbH, (2) Ernestine Rathgeber, (3) Karl Schlosser, (4) Beta-Leasing GmbH v Abgabenberufungskommission Wien | 27 | ||
| 2001/C 173/46 | Case C-148/01: Action brought on 4 April 2001 by the Hellenic Republic against the Commission of the European Communities | 27 | ||
| 2001/C 173/47 | Case C-149/01: Reference for a preliminary ruling by the Court of Appeal (England & Wales) (Civil Division), by order of that court of 13 March 2001, in the case of Commissioners of Customs and Excise against First Choice Holidays plc | 28 | ||
| 2001/C 173/48 | Case C-150/01: Action brought on 9 April 2001 by the Commission of the European Communities against the French Republic | 28 | ||
| 2001/C 173/49 | Case C-151/01 P: Appeal brought on 9 April 2001 by S.C.E.A. La Conqueste against the order made on 30 January 2001 by the Fifth Chamber of the Court of First Instance of the European Communities in Case T-215/00 between S.C.E.A. La Conqueste and the Commission of the European Communities | 29 | ||
| 2001/C 173/50 | Case C-160/01: Reference for a preliminary ruling by the Sozialgericht Leipzig by order of that court of 30 March 2001 in the case of Karen Mau against Bundesanstalt für Arbeit | 29 | ||
| 2001/C 173/51 | Case C-171/01: Reference for a preliminary ruling from the Verfassungsgerichtshof by order of that court of 2 March 2001 in the election proceedings brought by the electoral group "Gemeinsam Zajedno/Birlikte Alternative und Grüne GewerkschafterInnen/UG" | 30 | ||
| 2001/C 173/52 | Case C-174/01: Action brought on 23 April 2001 by the Commission of the European Communities against the Grand Duchy of Luxembourg | 30 | ||
| 2001/C 173/53 | Case C-177/01: Action brought on 24 April 2001 by the Commission of the European Communities against the French Republic | 31 | ||
| 2001/C 173/54 | Case C-189/01: Reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven, by judgment of that court of 26 April 2001 in the case of (1) H. Jippes, (2) Afdeling Groningen van de Nederlandse Vereniging tot Bescherming van Dieren and (3) Afdeling Assen en omstreken van de Nederlandse Vereniging tot Bescherming van Dieren against the Minister van Landbouw, Natuurbeheer en Visserij | 31 | ||
| 2001/C 173/55 | Removal from the register of Case C-88/00 | 32 | ||
| 2001/C 173/56 | Removal from the register of Case C-403/00 | 32 | ||
| 2001/C 173/57 | Removal from the register of Case C-264/98 | 32 | ||
| 2001/C 173/58 | Removal from the register of Case C-377/00 | 32 | ||
| COURT OF FIRST INSTANCE | ||||
| 2001/C 173/59 | Order of the Court of First Instance of 30 January 2001 in Case T-49/00: Industria Pugliese Olive in Salamoia Erbe Aromatiche Snc (Iposea) v Commission of the European Communities (Common Customs Tariff — Regulation amending the combined nomenclature — Action for annulment — Inadmissibility) | 33 | ||
| 2001/C 173/60 | Case T-59/01: Action brought on 13 March 2001 by Albert Nardone against the Commission of the European Communities | 33 | ||
| 2001/C 173/61 | Case T-60/01: Action brought on 13 March 2001 by Marie-Josée Bollendorff against the European Parliament | 34 | ||
| 2001/C 173/62 | Case T-64/01: Action brought on 19 March 2001 by Afrikanische Frucht-Compagnie GmbH against the Council of the European Union and the Commission of the European Communities | 34 | ||
| 2001/C 173/63 | Case T-65/01: Action brought on 19 March 2001 by Internationale Fruchtimportgesellschaft Weichert & Co. against the Council of the European Union and the Commission of the European Communities | 35 | ||
| 2001/C 173/64 | Case T-69/01: Action brought on 23 March 2001 by Carmine Salvatore Tralli against the European Central Bank | 35 | ||
| 2001/C 173/65 | Case T-77/01: Action brought on 30 March 2001 by Territorio Histórico de Alava — Diputación Foral de Alava and Others against Commission of the European Communities | 36 | ||
| 2001/C 173/66 | Case T-83/01: Action brought on 10 April 2001 by Merck KgaA against the Office for Harmonisation in the Internal Market | 37 | ||
| 2001/C 173/67 | Case T-84/01: Action brought on 1 April 2001 by the Association Contre l'Horaire d'Été against the European Parliament and the Council of the European Union | 37 | ||
| Corrigenda | ||||
| 2001/C 173/68 | Corrigendum to Notice No 2001/C 150/30 | 38 | ||
| EN | ||||