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5.9.

98 EN Official Journal of the European Communities C 278/29

31 March 1998, which were received at the Court Action brought on 17 July 1998 by the Commission of the
Registry on 20 July 1998, for a preliminary ruling in the European Communities against the Kingdom of Spain
cases of Salvat Editores SA and J. CompanÄ Calbuig (Case C-274/98)
(C-265/98), Salvat Editores SA and G. Caminati (C-266/
98), OceÂano Grupo Editorial SA and R. Bogas CardenÄosa (98/C 278/54)
(Case C-267/98), OceÂano Grupo Editorial SA and M.
Casas MingueÂlez (C-268/98), Planeta CreÂdito SA and A.
Villar Castelao (C-269/98), Artel SA and P. López Aznar An action against the Kingdom of Spain was brought
(C-270/98), Salvat Editores SA and J. A. Serrano Garrido before the Court of Justice on 17 July 1998 by the
(C-271/98), and Artel SA and F. Arencom Salazar (C-272/ Commission of the European Communities, represented
98). by Eric Gippini Fournier and Francisco de Sousa Fialho,
of its Legal Service, acting as Agents, with an address for
service in Luxembourg at the office of Carlos Gómez de la
Cruz, Wagner Centre, Kirchberg.
The grounds of the order for reference and the question
on which a ruling is sought by Juzgado de Primera
Instancia No 35, Barcelona, are similar to those in Joined The applicant claims that the Court of Justice should:
Cases C-240/98 to C-244/98 (1).
Ð declare that, by failing to establish action programmes
pursuant to Article 5 of Council Directive 91/676/EEC
( ) See p. 21 of this Official Journal.
1
of 12 December 1991 concerning the protection of
waters against pollution caused by nitrates from
agricultural sources (1), the Kingdom of Spain has
failed to fulfil its obligations under the EC Treaty;

Ð order the defendant to pay the costs.
Reference for a preliminary ruling by the Bundesfinanzhof
by order of that court of 14 May 1998 in the case of Pleas in law and main arguments adduced in support:
Hans-Josef Schlebusch against Hauptzollamt Trier
(Case C-273/98) The binding nature of the third paragraph of Article 189
and of Article 5 of the EC Treaty means that Member
(98/C 278/53) States must adopt the measures necessary to give effect to
the Directive before the end of the period appointed for
that purpose. Since the initial designation of vulnerable
zones was to be effected within two years after
Reference has been made to the Court of Justice of the notification of the Directive (Article 3(2)), the period for
European Communities by order of the Seventh Senate of drawing up the action programmes provided for in
the Bundesfinanzhof (Federal Finance Court) of 14 May Article 5 expired in December 1995.
1998, received at the Court Registry on 20 July 1998, for
a preliminary ruling in the case of Hans-Josef Schlebusch
(1) OJ L 375, 31.12.1991, p. 1; corrigendum: OJ L 92,
against Hauptzollamt (Principal Customs Office) Trier on 16.4.1993, p. 51.
the following question:

Is the first sentence of Article 3a(3) of Council Regulation
(EEC) No 857/84 (1), as amended by Regulation (EEC)
No 1639/91 (2), to be interpreted as meaning that a milk
Reference for a preliminary ruling by Klagenñvnet
producer is to be allocated a definitive special reference
for Udbud, by an order of 15 July 1998 in the case
quantity even where, in the period laid down in that
of Unitron Scandinavia A/S and 3-S A/S, Danske
provision, he did not use the special reference quantity
Svineproducenters Serviceselskab v. Ministeriet for
provisionally allocated to him for a corresponding increase
Fùdevarer, Landbrug og Fiskeri
in his milk production, but temporarily transferred to
another business that part of his milk quota corresponding (Case C-275/98)
to the original reference quantity held by his business in (98/C 278/55)
addition to the provisionally allocated special reference
quantity?
Reference has been made to the Court of Justice of the
European Communities by an order of Klagenñvnet for
( ) Council Regulation (EEC) No 857/84 adopting general rules
1

for the application of the levy referred to in Article 5c of Udbud (Danish Procurement Review Board), which was
Regulation (EEC) No 804/68 in the milk and milk products received at the Court Registry on 20 July 1998, for a
sector (OJ L 90, 1.4.1984, p. 13). preliminary ruling in the case of Unitron Scandinavia A/S
(2) OJ L 150, 15.6.1991, p. 35. and 3-S A/S, Danske Svineproducenters Serviceselskab v.
Ministeriet for Fùdevarer, Landbrug og Fiskeri (Ministry
of Foodstuffs, Agriculture and Fisheries) on the following
questions:
C 278/30 EN Official Journal of the European Communities 5.9.98

Ð Does Article 2(2) of Council Directive 93/36/EEC of alternative forms of energy, tolls for crossing the Tagus
14 June 1993 coordinating procedures for the award bridge in Lisbon and, finally, agricultural tools and
of public supply contracts (1) still have an independent implements, the Portuguese Republic has infringed
meaning after the adoption of Council Directive 92/ Article 12 and Article 28(2) of Council Directive 77/
50/EEC of 18 June 1992 relating to the coordination 388/EEC (1) (the sixth VAT Directive), as amended by
of procedures for the award of public service Directive 92/77/EEC (2) on the approximation of VAT
contracts (2) (as both amended by European Parliament rates,
and Council Directive 97/52/EC (3))?

Ð If Question 1 is answered in the affirmative, does the Ð order the Portuguese Republic to pay the costs.
provision accordingly mean that, where a contracting
authority entrusts the administration of a pig
eartagging scheme to a private undertaking which is Pleas in law and main arguments adduced in support:
not a contracting authority, the contracting authority
should stipulate, on the one hand, that the
undertaking should comply with the prohibition
against discrimination on the ground of nationality in Pursuant to Article 12(3) of the sixth VAT Directive, as
public supply contracts which the undertaking awards amended by Directive 92/77/EEC, the Member States are
to third parties and, on the other hand, that the to apply a standard rate, which may not be less than
procurement of goods linked to the scheme should be 15 %. As is clear from Article 12(3)(a) and (b), the
put out to public tender if the value of the goods to be Member States may apply either one or two reduced rates
procured exceeds the threshold value in Directive 93/ to the transactions referred to in Annex H to Directive 92/
36/EEC? 77/EEC. By applying reduced rates to transactions not
referred to in that Annex (wines, machines and equipment
for exploiting alternative forms of energy and agricultural
(1) OJ L 199, 9.8.1993, p. 1. tools and implements) the Portuguese Republic has
(2) OJ L 209, 24.7.1992, p. 1.
infringed Article 12.
(3) Directive 97/52/EC of the European Parliament and of the
Council of 13 October 1997, amending Directives 92/50/EEC,
93/36/EEC and 93/37/EEC concerning the coordination of
procedures for the award of public service contracts, public
As regards the tolls for crossing the Tagus bridge in
supply contracts and public works contracts (OJ L 328,
28.11.1997, p. 1).
Lisbon, Article 28(2)(a) of the sixth Directive, in
conjunction with subparagraph (d), does not, contrary to
the view advanced by the Portuguese authorities, allow the
introduction after 1 January 1991 of a new reduced rate
at the time of withdrawal, at a later stage, of the reduced
rate in force on that date.

Action brought on 20 July 1998 by the Commission of the (1) OJ L 145, 13.6.1977, p. 1.
European Communities against the Portuguese Republic (2) OJ L 316, 31.10.1992, p. 1.
(Case C-276/98)
(98/C 278/56)

An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities
on 20 July 1998 by the Commission of the European Action brought on 21 July 1998 by the French Republic
Communities, represented by Teresa Figueira and Enrico against the Commission of the European Communities
Traversa, of its Legal Service, acting as Agents, with an (Case C-277/98)
address for service in Luxembourg at the office of Carlos
Gómez de la Cruz, Wagner Centre, Kirchberg. (98/C 278/57)

The applicant claims that the Court should:
An action against the Commission of the European
Communities was brought before the Court of Justice of
Ð declare that, by keeping in force or introducing a the European Communities on 21 July 1998 by the French
reduced rate of 5 % for the products listed in points Republic, represented by Kareen Rispal-Bellanger,
1.8, 2.11, 2.19 and 3.8 of Annex I to the Código do Assistant Director for International Economic Law and
IVA (VAT Code) (Decree-Law No 394-B/84 of Community Law, Ministry of Foreign Affairs, and
26 December 1984, as amended by Law No 2/92 of Christina Vasak, Assistant Secretary for Foreign Affairs,
9 March 1992 and by Law No 39-B/94 of acting as Agents, with an address for service in
27 December 1994), which relate, respectively, to Luxembourg at the French Embassy, 8b boulevard
wines, machines and equipment for exploiting Joseph II.