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20.8.

2005 EN Official Journal of the European Union C 205/13

Reference for a preliminary ruling from the Telekom- Megyei Bíróság (County Court, Komárom-Esztergom) of 29
Control-Kommission by application of 13 June 2005 in a April 2005, received at the Court Registry on 22 June 2005,
procedure concerning Telekom Austria AG for a preliminary ruling in the proceedings between Lakép Kft.,
Pár-Bau Kft. and Rottelma Kft. and Komárom-Esztergom
Megyei Közigazgatási Hivatal on the following questions:
(Case C-256/05)
1. What, according to Sixth Council Directive 77/388/EEC (1)
of 17 May 1977, are the criteria which allow a tax to be
(2005/C 205/23) characterised as a tax having the nature of a turnover tax?

(Language of the case: German) 2. Should a tax the taxable basis of which is the net turnover
corresponding to sales made or to services provided, after
deduction of the purchase price of the goods sold and the
value of the services provided by third parties, and also of
the material costs (or a certain proportion thereof), be
Reference has been made to the Court of Justice of the Euro- regarded as having the nature of a turnover tax?
pean Communities by application of the Telekom-Control-
Kommission of 13 June 2005, received at the Court Registry
on 17 June 2005, for a preliminary ruling in the procedure 3. Is Article 33 of the directive to be taken to mean that in the
concerning Telekom Austria AG on the following question: Member States only a single tax having the nature of a turn-
over tax may be maintained?

Is Commission Decision C(2004)4070 final of 20 October


2004, by which the Telekom-Control-Kommission is required 4. In so far as two or more taxes having the nature of turnover taxes
under Article 7(4) of Directive 2002/21/EC (1) to withdraw the are maintained in a Member State after accession to the European
draft decision notified on 20 July 2004, in Procedure M 9/03 Union, is the assessment, with retroactive effect, of a tax —
M 9a/03 registered by the Commission under No AT/2004/ relating to a period before accession — contrary to Article
0090, relating to the market analysis in respect of the market 33 of the directive?
for ‘transit services in the fixed public telephone network’, valid
in the light of Article 253 of the EC Treaty, Articles 7(4), 8(2),
14, 15 and 16 of Directive 2002/21/EC, the Commission (1) OJ L 145 of 13.6.1977, p. 1.
guidelines on market analysis and the markets recommendation
of the Commission?

(1) OJ 2002 L 108, p. 33.

Action brought on 22 June 2005 by the Commission of


the European Communities against the Republic of
Austria

Reference for a preliminary ruling from the Komárom-


Esztergom Megyei Bíróság by order of that court of 29 (Case C-262/05)
April 2005 in Lakél Kft., Pár-Bau Kft. and Rottelma Kft. v
Komárom-Esztergom Megyei Közigazgatási Hivatal

(2005/C 205/25)
(Case C-261/05)

(Language of the case: German)


(2005/C 205/24)

(Language of the case: Hungarian)

An action against the Republic of Austria was brought before


the Court of Justice of the European Communities on 22 June
2005 by the Commission of the European Communities, repre-
Reference has been made to the Court of Justice of the Euro- sented by Hans Støvlbæk and Andreas Manville, with an
pean Communities by order of the Komárom-Esztergom address for service in Luxembourg.
C 205/14 EN Official Journal of the European Union 20.8.2005

The applicant claims that the Court should: Action brought on 22 June 2005 by the Commission of
the European Communities against the Federal Republic of
Germany
— declare that by not adopting the necessary laws, regulations
(Case C-264/05)
and administrative provisions to transpose Directive
2001/19/EC (1) of the European Parliament and of the (2005/C 205/26)
Council of 14 May 2001 amending Council Directives
89/48/EEC and 92/51/EEC on the general system for the (Language of the case: German)
recognition of professional qualifications and Council Direc-
tives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC, An action against the Federal Republic of Germany was
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC, brought before the Court of Justice of the European Commu-
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC nities on 22 June 2005 by the Commission of the European
concerning the professions of nurse responsible for general Communities, represented by Hans Støvlbæk and Andreas
care, dental practitioner, veterinary surgeon, midwife, archi- Manville, with an address for service in Luxembourg.
tect, pharmacist and doctor, or by not informing the The applicant claims that the Court should:
Commission of such provisions, the Republic of Austria has
failed to fulfil its obligations to implement that directive — declare that by not adopting the necessary laws, regulations
fully; and administrative provisions to transpose Directive
2001/19/EC (1) of the European Parliament and of the
Council of 14 May 2001 amending Council Directives
89/48/EEC and 92/51/EEC on the general system for the
— order the Republic of Austria to pay the costs of the
recognition of professional qualifications and Council Direc-
proceedings.
tives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC
concerning the professions of nurse responsible for general
care, dental practitioner, veterinary surgeon, midwife, archi-
Pleas in law and main arguments tect, pharmacist and doctor, or by not informing the
Commission of such provisions, the Federal Republic of
Germany has failed to fulfil its obligations to implement
fully that directive;
The time-limit for transposition of the directive passed on 3
January 2003. — order the Federal Republic of Germany to pay the costs of
the proceedings.
Pleas in law and main arguments
(1) OJ 2001 L 206, p. 1.
The time-limit for transposition of the directive passed on 3
January 2003.

(1) OJ 2001 L 206, p. 1.