Judgment of the Court (Fifth Chamber) of 18 January 2001 in Case C-297/99 (reference for a preliminary ruling from the Nottingham Magistrates' Court): criminal proceedings against Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley and B. Denman (Social legislation relating to road transport — Tachograph record sheets — Obligation to record periods of work, breaks in work and rest periods)
Date: 2001-05-19
Institutions: Court of Justice
Subjects: interpretation of the law, labour law, rest period, road transport, transport regulations, working time

C 150/6

EN

Official Journal of the European Communities

19.5.2001

3.

The implementation of a general exemption from value added
tax for the supply of premises and other facilities and for the
related supply of accessories or other arrangements for the
purposes of the practice of sport or physical education, where no
such exemption is to be found in Article 13 of Directive
77/388, constitutes a serious breach of Community law that
can render a Member State liable in damages.

(1) OJ C 188 of 3.07.1999.

— time which a driver necessarily spends travelling to take over a
vehicle subject to the obligation to instal and use a tachograph
the driver’s home or the employer’s
and which is not at
operational centre, regardless of whether the employer gave
instructions as to when and how to travel or whether that choice
was left to the driver;

— periods of driving spent by a driver whilst performing a
transport
the scope of Regulation
No 3821/85 before taking over a vehicle to which that
regulation applies.

service falling outside

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 January 2001

in Case C-297/99 (reference for a preliminary ruling from
the Nottingham Magistrates’ Court): criminal proceedings
against Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley
and B. Denman (1)

(Social legislation relating to road transport — Tachograph
record sheets — Obligation to record periods of work, breaks
in work and rest periods)

(2001/C 150/10)

(Language of the case: English)

In Case C-297/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Nottingham
Magistrates’ Court (United Kingdom), for a preliminary ruling
in the criminal proceedings pending before that court against
Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley and
B. Denman — on the interpretation of Article 15 of Council
Regulation (EEC) No 3821/85 of 20 December 1985 on
recording equipment in road transport (OJ 1985 L 370, p. 8)
— the Court (Fifth Chamber), composed of: A. La Pergola,
President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann
(Rapporteur) and L. Sevo´ n,
Judges; A. Saggio, Advocate
General; D. Louterman-Hubeau, Head of Division, for the
Registrar, has given a judgment on 18 January 2001, in which
it has ruled:

On a proper construction of Article 15 of Council Regulation (EEC)
No 3821/85 of 20 December 1985 on recording equipment in
road transport, a driver’s obligation to record all other periods of
work extends to:

JUDGMENT OF THE COURT

(Fifth Chamber)

of 18 January 2001

in Case C-448/99: Commission of the European Communi-
ties v Grand Duchy of Luxembourg (1)

(Failure by a Member State to fulfil obligations — Directive
97/13/EC)

(2001/C 150/11)

(Language of the case: French)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-448/99: Commission of the European Communities
(Agent: M. Nolin) v Grand Duchy of Luxembourg (Agent:
P. Steinmetz) — application for a declaration that, by failing to
bring into force all of the laws, regulations and administrative
provisions necessary to comply with Articles 8(3) and 9(2) of
Directive 97/13/EC of the European Parliament and of the
Council of 10 April 1997 on a common framework for
general authorisations and individual licences in the field of
telecommunications services (OJ 1997 L 117, p. 15), the
Grand Duchy of Luxembourg has failed to fulfil its obligations
under that directive — the Court (Fifth Chamber), composed
of: A. La Pergola, President of the Chamber, M. Wathelet,
D.A.O. Edward, P. Jann and L. Sevo´ n (Rapporteur), Judges;
P. Léger, Advocate General; R. Grass, Registrar, has given a
judgment on 18 January 2001, in which it: