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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.
5.9.98 EN Official Journal of the European Communities C 278/31

The applicant claims that the Court of Justice should: 8 July 1998, which was received at the Court Registry on
23 July 1998, for a preliminary ruling in the case of
Roman Angonese v. Cassa di Risparmio di Bolzano SpA
Ð annul the relevant part of Commission Decision 98/ on the following question:
358/EC (1) in so far as it applies negative corrections'
in respect of supplementary levies for milk
corresponding to sums the recovery of which is the Is it compatible with Article 48(1), (2) and (3) of the EC
subject of proceedings before the competent national Treaty and Article 3(1) and Article 7(1) and (4) of Council
courts. Regulation (EEC) No 1612/68 (1) to make the admission
of candidates to a competition organised to fill posts
in a company governed by private law conditional on
Pleas in law and main arguments adduced in support: possession of the official certificate attesting to knowledge
of local languages issued exclusively by a public authority
of a Member State at a single examination centre (namely
Ð Infringement of Articles 2, 3, 5 and 8 of Council Bolzano), on completion of a procedure of considerable
Regulation (EEC) No 729/70 of 21 April 1970 on the duration (to be precise, of not less than 30 days, on
financing of the common agricultural policy (2): the account of the minimum lapse of time envisaged between
Commission is entitled to exclude from its decision the written test and the oral test)?
only expenses corresponding to incorrect application,
and a fortiori non-application, of Community law. The
sums covered to which the contested decision relates (1) Official Journal, English Special Edition 1968 II, p. 475.
are the result neither of irregularities nor of negligence
within the meaning of Regulation (EEC) No 729/70.
The corrections made by the Commission relate to
amounts which have been challenged before the
French administrative courts. The amounts in question
will be payable as soon as an enforceable judgment
has made it possible to recover them. On the other
Reference for a preliminary ruling by the Verwaltungs-
hand, Regulation (EEC) No 729/70 does not authorise
gericht Hannover by order of that court of 13 July 1998
the Commission to charge those sums to a Member
in the case of Tanja Kreil against the Federal Republic of
State when the latter has been unable to recover them
Germany
from the persons concerned.
(Case C-285/98)

Ð The imposition by the Commission of a time limit for (98/C 278/59)
recovering the amounts demanded is contrary to the
principle of sound administration as enunciated, in
particular, in Article 8 of Regulation (EEC) No 729/
Reference has been made to the Court of Justice of the
70.
European Communities by order of the Second Chamber
of the Verwaltungsgericht Hannover (Administrative
(1) Commission Decision 98/358/EC of 6 May 1998 on the Court, Hannover) of 13 July 1998, received at the Court
clearance of the accounts presented by the Member States in Registry on 24 July 1998, for a preliminary ruling in the
respect of the expenditure for 1994 of the Guarantee Section case of Tanja Kreil against the Federal Republic of
of the European Agricultural Guidance and Guarantee Fund
Germany on the following question:
(OJ L 163, 6.6.1998, p. 28).
(2) Official Journal, English Special Edition 1970 I, p. 218.

Is Council Directive 76/207/EEC (1) Ð in particular with
regard to Article 2(2) of that Directive Ð infringed by the
third sentence of paragraph 1(2) of the Soldatengesetz
(Law on Soldiers) in the version of 15 December 1995
(Bundesgesetzblatt I, p. 1737), last amended by the Law
Reference for a preliminary ruling by the Pretura of 4 December 1997 (Bundesgesetzblatt I, p. 2846),
Circondariale di Bolzano by order of that court of 8 July and paragraph 3a of the Soldatenlaufbahnverordnung
1998 in the case of Roman Angonese v. Cassa di (Regulations on soldiers' Careers) in the version published
Risparmio di Bolzano SpA (1) on 28 January 1998 (Bundesgesetzblatt I, p. 326), under
which women who enlist as volunteers may be appointed
(Case C-281/98) only to duties in the medical and military-music services
(98/C 278/58) and are excluded in any event from armed service?

(1) OJ L 39, 14.2.1976, p. 40.
Reference has been made to the Court of Justice of
the European Communities by order of the Pretura
Circondariale di Bolzano (District Court, Bolzano) of