Дело C-123/04: Industrias Nucleares do Brasil и Siemens, Заключение от 6 април 2006 г.

1. Do the terms “processing, conversion or shaping” in the first paragraph of Article 75 [EA] also encompass the enrichment of uranium?
2. Does an undertaking having its seat outside the territory of the EAEC Treaty pursue all or any of its activities in the territory of the […] Community within the meaning of Article 196(b) [EA] if it maintains with an undertaking having its seat in the territory of the Community a commercial relationship for
(a) the supply of source material for the production of enriched uranium by, and the procurement of enriched uranium from, the undertaking having its seat in the territory of the Community
(b) the storage thereof with another undertaking having its seat in the territory of the Community?
3. (a) Does Article 75(c) [EA] require the material supplied for processing, conversion or shaping and the material subsequently returned to be identical in substance, apart from the physical changes associated with those processes?
(b) Or is it sufficient for the processed material to be commensurate in terms of quantity and quality with the material supplied?
(c) Is the application of Article 75(c) [EA] precluded where the material returned cannot be attributed to any material supplied by the consignee?
(d) Is the application of Article 75(c) [EA] precluded where the undertaking carrying out the processing acquires title to the source material on delivery and therefore has to transfer title to the enriched uranium back to the other contracting party on completion of the process?
4. (a) Is the application of Article 75 [EA] precluded if the persons or undertakings concerned do not fulfil their duty to notify the … Agency under the second paragraph of Article 75 [EA]?
(b) Can breach of the duty to notify the … Agency under the second paragraph of Article 75 [EA] be remedied by the persons or undertakings concerned subsequently fulfilling their duty to notify or by the Agency subsequently becoming cognisant in some other way?
5. (a) Is an agreement or contract within the meaning of Article 73 [EA] invalid if the contracting parties do not obtain the prior consent of the … Commission required thereunder?
(b) If so, can the invalidity of the transaction be remedied by the persons or undertakings concerned subsequently obtaining such consent or by the institutions of the Community failing to take action after becoming cognisant in some other way?
6. (a) Is the disposal of materials within the meaning of Article 57(1) [EA] prohibited if the producer does not fulfil his obligation to make an offer to the … Agency under the second sentence of Article 57 (2) [EA]?
(b) Can breach of the duty to offer materials to the … Agency under the second sentence of Article 57 (2) [EA] be remedied by the producer subsequently fulfilling his duty to make an offer or by the Agency subsequently becoming cognisant in some other way and not exercising its right of option?
7. Does the concept of production in Article 86 [EA] also encompass the enrichment of uranium?
8. Are uranium and light-enriched uranium ‘source materials’ within the meaning of the last phrase of Article 197 (1) [EA]?
9. (a) Can civil-law title under Paragraph 903 of the German Civil Code be acquired and transferred in respect of materials that have become the property of the [EA] under the first sentence of Article 86 [EA]?
(b) Does the unlimited right of use and consumption afforded to holders of rights under Article 87 [EA] exist as a property or quasi-property interest sui generis alongside rights in rem under [the German Civil Code]?
10. Does an undertaking pursue any of its activities in the territories of the Member States of the Community within the meaning of Article 196(b) [EA] if it acquires or disposes of enriched uranium stored there?
11. Does Article 73 [EA] also apply mutatis mutandis to agreements concerning enriched uranium stored within the territory of the Community where all of the parties are nationals of third States?