Judgment of the Court of 12 July 2001 in Joined Cases C-302/99 P and C-308/99 P: Commission of the European Communities v Télévision Française 1 SA (TF1) (Appeal — Inoperative plea — Challenge to the grounds of a judgment that has no effect on the operative part of the judgment — Liability for costs)
Date: 2001-10-13
Institutions: Court of Justice
Subjects: France, action for annulment (EU), action for failure to act, appeal, television

13.10.2001

EN

Official Journal of the European Communities

C 289/3

for a preliminary ruling in the proceedings pending before that
court between Paraskevas Louloudakis and Elliniko Dimosio
— on the interpretation of Council Directive 83/182/EEC of
28 March 1983 on tax exemptions within the Community for
certain means of transport temporarily imported into one
Member State from another (OJ 1983 L 105, p. 59) — the
Court (Sixth Chamber), composed of: C. Gulmann (Rappor-
teur), President of the Chamber, V. Skouris, J.-P. Puissochet,
R. Schintgen and F. Macken,
Judges; S. Alber, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 12 July 2001, in which it has ruled:

1. Article 7(1) of Council Directive 83/182/EEC of 28 March
1983 on tax exemptions within the Community for certain
means of transport temporarily imported into one Member
State from another must be interpreted as meaning that, where
a person has both personal and occupational
ties in two
Member States, his normal residence, determined in the context
of an overall assessment by reference to all the relevant facts, is
that where the permanent centre of interests of that person is
located; in the event that such an overall assessment does not
result in its determination, primacy must be given to personal
ties.

2. National legislation which provides, in the event of infringement
the temporary importation arrangements laid down by
in

for a series of penalties including,

of
Directive 83/182,
particular:

— fines set at a flat rate on the basis of the sole criterion of
the vehicle’s cubic capacity, without taking its age into
account,

— increased duty which can amount to up to ten times the

taxes in question,

is compatible with the principle of proportionality only in so far
as it is made necessary by overriding requirements of enforcement
and prevention, when gravity of the infringement is taken into
account.

3.

In proceedings concerning infringements relating to temporary
importation of certain means of transport, neither Directive
83/182 nor other rules of Community law prevent its being
excluded that ignorance of the applicable rules should lead to
automatic exoneration from all penalties. None the less, where
determination of the arrangements applicable has given rise to

difficulties, account must be taken of the good faith of the
offender when determining the penalty actually imposed on
him.

(1) OJ C 314 of 30.10.1999.

JUDGMENT OF THE COURT

of 12 July 2001

in Joined Cases C-302/99 P and C-308/99 P: Commission
of the European Communities v Télévision Française 1
SA (TF1) (1)

(Appeal — Inoperative plea — Challenge to the grounds of
a judgment that has no effect on the operative part of the
judgment — Liability for costs)

(2001/C 289/05)

(Language of the case: French)

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

In Joined Cases C-302/99 P and C-308/99 P: Commission
of
the European Communities (Agents: G. Marenco and
K. Wiedner) and French Republic (Agents: K. Rispal-Bellanger
and F. Million), supported by Kingdom of Spain (Agent:
R. Silva de Lapuerta) — appeal against the judgment of the
Court of First Instance of the European Communities (Third
Chamber, Extended Composition) of 3 June 1999 in Case
T-17/96 TF1 v Commission [1999] ECR II-1757, seeking to
have that judgment partially set aside, the other party to the
proceedings being: Télévision Française 1 SA (TF1), established
in Paris, France, (lawyers: G. Vandersanden, J.-P. Hordies and
A. Maqua), the Court, composed of: G.C. Rodrı´guez Iglesias,
President, C. Gulmann, A. La Pergola, M. Wathelet, V. Skouris
(Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet,
Jann, L. Sevo´ n (Rapporteur), R. Schintgen, F. Macken,
P.
N. Colneric, S. von Bahr,
J.N. Cunha Rodrigues and
C.W.A. Timmermans, Judges; J. Mischo, Advocate General;
D. Louterman-Hubeau, Head of Division, for the Registrar, has
given a judgment on 12 July 2001, in which it:

1. Dismisses the appeals;

2. Orders the Commission to pay the costs of Case C-302/99 P;

C 289/4

EN

Official Journal of the European Communities

13.10.2001

3. Orders the French Republic to pay the costs of Case C-308/99

JUDGMENT OF THE COURT

P;

4. Orders the Kingdom of Spain to bear its own costs in both

actions.

of 12 July 2001

(1) OJ C 299 of 16.10.1999.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 12 July 2001

in Case C-365/99: Portuguese Republic v Commission of
the European Communities (1)

in Case C-189/01 (reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven): H. Jippes,
Afdeling Groningen van de Nederlandse Vereniging tot
Bescherming van Dieren and Afdeling Assen en omstre-
ken van de Nederlandse Vereniging tot Bescherming
van Dieren v Minister van Landbouw, Natuurbeheer en
Visserij (1)

(Agriculture — Control of foot-and-mouth disease — Pro-
hibition of vaccination — Principle of proportionality —
Taking animal welfare into account)

(2001/C 289/07)

(Language of the case: Dutch)

(Agriculture — Animal health — Emergency measures to
combat bovine spongiform encephalopathy — ‘Mad cow’
disease)

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

(2001/C 289/06)

(Language of the case: Portuguese)

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

In Case C-365/99: Portuguese Republic (Agents: L. Fernandes
and M.J. Abecassis, assisted by C. Aguiar, T. Ferreira de
Lima and G. van der Wal) v Commission of the European
Communities — application for annulment of Commission
Decision 99/517/EC of 28 July 1999 amending Decision
98/653/EC concerning emergency measures made necessary
by the occurrence of bovine spongiform encephalopathy in
Portugal (OJ 1999 L 197, p. 45), in so far as it extends until
1 February 2000 the restriction on exports prescribed by
Article 4 of Commission Decision 98/653/EC of 18 November
1998 concerning emergency measures made necessary by the
occurrence of bovine spongiform encephalopathy in Portugal
(Fifth Chamber),
(OJ 1998 L 311, p. 23) — the Court
composed of: A. La Pergola, President of
the Chamber,
M. Wathelet, D.A.O. Edward, L. Sevo´ n (Rapporteur) and S. von
Bahr, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal
Administrator, for the Registrar, has given a judgment on
12 July 2001, in which it:

1. Dismisses the action;

2. Orders the Portuguese Republic to bear its own costs.

(1) OJ C 366 of 18.12.1999.

In Case C-189/01: reference to the Court under Article 234
EC from the College van Beroep voor het bedrijfsleven
(Netherlands), for a preliminary ruling in the proceedings
pending before that court between H. Jippes, Afdeling Gronin-
gen van de Nederlandse Vereniging tot Bescherming van
Dieren and Afdeling Assen en omstreken van de Nederlandse
Vereniging tot Bescherming van Dieren and Minister van
Landbouw, Natuurbeheer en Visserij — on the interpretation
of the validity of Article 13 of Council Directive 85/511/EEC
of 18 November 1985 introducing Community measures for
the control of foot-and-mouth disease (OJ 1985 L 315, p. 11),
as amended by Council Directive 90/423/EEC of 26 June 1990
(OJ 1990 L 224, p. 13), and of Commission Decision
2001/246/EC of 27 March 2001 laying down the conditions
for the control and eradication of foot-and-mouth disease in
the Netherlands in application of Article 13 of Directive
85/511/EEC (OJ 2001 L 88, p. 21), as amended by Commission
Decision 2001/279/EC of 5 April 2001 (OJ 2001 L 96, p. 19)
— the Court, composed of: G.C. Rodrı´guez Iglesias, President,
C. Gulmann, A. La Pergola, M. Wathelet, V. Skouris (Presidents
of Chambers), D.A.O. Edward, P. Jann, L Sevo´ n (Rapporteur),
R. Schintgen, F. Macken, N. Colneric, S. von Bahr and
J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate General;
H.A. Rühl, Principal Administrator, for the Registrar, has given
a judgment on 12 July 2001, in which it has ruled:

1.

2.

Consideration of the first question has not disclosed any factor
of such a kind as to affect the validity of Article 13 of Council
Directive 85/511/EEC of 18 November 1985 introducing
Community measures for the control of foot-and-mouth disease,
as amended by Council Directive 90/423/EEC of 26 June
1990.

Consideration of the second question has not disclosed any
factor of such a kind as to affect the validity of Commission