Judgment of the Court of 31 May 2001 in Joined Cases C-122/99 P and C-125/99 P: D and Kingdom of Sweden v Council of the European Union (Appeal — Official — Household allowance — Married official — Registered partnership under Swedish law)
Date: 2001-07-14
Institutions: Court of Justice
Subjects: European official, General Court (EU), Sweden, action for annulment (EU), equal treatment, married person

14.7.2001

EN

Official Journal of the European Communities

C 200/21

JUDGMENT OF THE COURT

2.

(Sixth Chamber)

of 17 May 2001

That may be proved in accordance with the rules of the domestic
legal system of the Member State concerned, provided that those
rules are not less favourable than those governing similar
domestic actions and do not render virtually impossible or
excessevely difficult the exercise of rights conferred by Com-
munity law.

in Case C-340/99 (reference for a preliminary ruling from
the Tribunale civile di Genova): TNT Traco SpA v Poste
Italiane SpA (1)

(1) OJ C 352 of 4.12.1999.

(Articles 86 and 90 of the EC Treaty (now Articles 82 EC
and 86 EC) — Postal services — National legislation making
the supply of express mail services by undertakings other
than the one responsible for operating the universal service
subject to payment of the postal dues normally applicable to
the universal service — Allocation of the proceeds of those
dues to the undertaking with the exclusive right to operate
the universal service)

(2001/C 200/36)

(Language of the case: Italian)

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

In Case C-340/99: reference to the Court under Article 234
EC from the Tribunale civile di Genova (Civil District Court,
Genoa,
Italy) for a preliminary ruling in the proceedings
pending before that court between TNT Traco SpA and Poste
Italiane SpA, formerly Ente Poste Italiane, and Others — on
the interpretation of Articles 86 and 90 of the EC Treaty (now
Articles 82 EC and 86 EC) — the Court (Sixth Chamber),
J.-
composed of: C. Gulmann, President of the Chamber,
P. Puissochet, R. Schintgen (Rapporteur), F. Macken and
J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;
L. Hewlett, Administrator,
for the Registrar, has given a
judgment on 17 May 2001, in which it has ruled:

1.

In so far as trade between Member States may be affected,
Article 86 of the EC Treaty, read in conjunction with Article 90
thereof (now Articles 82 EC and 86 EC), precludes legislation
of a Member State which grants a private-law undertaking the
exclusive right to operate the universal postal service from
making the right, of any other economic operator to provide an
express mail service not forming part of the universal service
subject to payment of postal dues equivalent to the postage
charge normally payable to the undertaking responsible for the
universal service, unless it can be shown that the proceeds of
such payment are necessary to enable the undertaking to operate
the universal postal service in economically acceptable conditions
and that the undertaking is required to pay the same dues when
itself providing an express mail service not forming part of the
universal service.

JUDGMENT OF THE COURT

of 31 May 2001

in Joined Cases C-122/99 P and C-125/99 P: D and
Kingdom of Sweden v Council of the European Union (1)

(Appeal — Official — Household allowance — Married
official — Registered partnership under Swedish law)

(2001/C 200/37)

(Language of the case: Swedish)

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

In Joined Cases C-122/99 P and C-125/99 P: D, an official of
the Council of
the European Union, residing in Arvika
(Sweden), represented by J.-N. Louis, G.-F. Parmentier and
V. Peere, avocats, Kingdom of Sweden (Agent: L. Nordling),
supported by Kingdom of Denmark (Agent: J. Molde) and by
Kingdom of the Netherlands (Agents: M.A. Fierstra and J. van
Bakel) — two appeals against the judgment of the Court of
First Instance of the European Communities (Second Chamber)
in Case T-264/97 D v Council [1999] ECR-SC I-A-1 and II-1,
seeking to have that judgment set aside, the other party to the
proceedings being: Council of the European Union (Agents:
M. Bauer and E. Karlsson) — the Court, composed of:
G.C. Rodrı´guez Iglesias, President, C. Gulmann, A. La Pergola,
M. Wathelet and V. Skouris
(Presidents of Chambers),
D.A.O. Edward, J.-P. Puissochet (Rapporteur), P. Jann, L. Sevo´ n,
R. Schintgen, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
Rodrigues and C.W.A. Timmermans, Judges; J. Mischo, Advo-
cate General; H. von Holstein, Deputy Registrar,
for the
Registrar, has given a judgment on 31 May 2001, in which it:

C 200/22

EN

Official Journal of the European Communities

14.7.2001

1. Dismisses the appeals;

2. Orders D and the Kingdom of Sweden jointly and severally to

pay the costs;

3. Orders the Kingdom of Denmark and the Kingdom of the

Netherlands to bear their own costs.

the Italian Republic has failed to fulfil its obligations under
Articles 48, 52 and 59 of the EC Treaty (now, after amendment,
Articles 39 EC, 43 EC and 49 EC) — the Court (Fifth Chamber),
composed of: A. La Pergola, President of the Chamber, P. Jann
(Rapporteur), L. Sevo´ n, S. von Bahr and C.W.A. Timmermans,
Judges; F.G. Jacobs, Advocate General; D. Louterman-Hubeau,
Head of Division, for the Registrar, has given a judgment on
31 May 2001, in which it:

(1) OJ C 188 of 3.7.1999.

1. Declares that, by providing that:

— private security work (including surveillante or care-
taking of movable property and buildings) may be
carried out in Italy, subject to licence, only by private
security firms holding Italian nationality;

— only Italian nationals possessing such a licence may
be employed as sworn private security guards, the
Italian Republic has failed to fulfil its obligations
under Articles 48, 52 and 59 of the EC Treaty (now,
after amendment, Articles 39 EC, 43 EC and 49 EC);

2. Orders the Italian Republic to pay the costs.

(1) OJ C 281 of 2.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 7 June 2001

in Case C-479/99 (reference for a preliminary ruling from
the Finanzgericht Düsseldorf): CBA Computer Handels-
und Beteiligungs GmbH, formerly VOBIS Microcomputer
AG v Hauptzollamt Aachen (1)

(Common Customs Tariff — Tariff headings — Tariff
classification of computer ‘sound cards’ — Classification in
the Combined Nomenclature — Validity of Regulations (EC)
Nos 1153/97 and 2086/97)

(2001/C 200/39)

(Language of the case: German)

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

In Case C-479/99: reference to the Court under Article
234 EC from the Finanzgericht Düsseldorf (Germany) for a
preliminary ruling in the proceedings pending before that
court between CBA Computer Handels- und Beteiligungs
GmbH, formerly VOBIS Microcomputer AG and Hauptzollamt
Aachen — on the interpretation of headings 8471, 8473 and
8543 of the Combined Nomenclature of the Common Cus-
toms Tariff, set out in Annex I to Council Regulation (EEC)

JUDGMENT OF THE COURT

(Fifth Chamber)

of 31 May 2001

in Case C-283/99: Commission of the European Communi-
ties v Italian Republic (1)

(Failure of a Member State to fulfil obligations — Free
movement of workers — Freedom of establishment —
Freedom to provide services — Private security activities —
Private security firms and private sworn security guards —
Nationality conditions)

(2001/C 200/38)

(Language of the case: Italian)

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

In Case C-283/99: Commission of the European Communities
(Agents: initially by A. Aresu and M. Patakia and subsequently
by E. Traversa and M. Patakia) v Italian Republic (Agents:
U. Leanza assisted initially by P.G. Ferri and subsequently by
F. Quadri) — application for a declaration that, by providing
that:

— private security work (including surveillance or caretaking
of movable property and buildings) may be carried out in
Italy, subject to licence, only by ‘private security firms’
holding Italian nationality;

— only Italian nationals possessing such a licence may be

employed as ‘sworn private security guards’,