Case C-412/02: Reference for a preliminary ruling by the Hof van Cassatie by judgment of that Court of 5 November 2002 in the case of 1. Belgian Refining Corporation, 2. Michael Gene Sachs, 3. Alfred Alfons Marie Leysens, 4. André Leonard Elisabeth Schatteman, 5. Frank Catharina Martin Devoght, and 6. Gilbert Theo Marie Frans Dias against Ministerie van Financiën
Date: 2003-03-08
Institutions: Court of Justice
Subjects: Union transit, customs formalities, customs regulations, interpretation of the law, limitation of legal proceedings

8.3.2003

EN

Official Journal of the European Union

C 55/5

that, by failing to take all necessary measures to ensure that
the quality of its bathing water conforms to the limit values
laid down by Council Directive 76/160/EEC of 8 December
1975 concerning the quality of bathing water (OJ 1976 L 31,
p. 1) and by failing to adhere to the minimum sampling
frequencies required by that directive, the Kingdom of Den-
mark has failed to fulfil its obligations under Articles 4(1)
and 6(1) of the same directive, the Court (Sixth Chamber),
composed of:
J.-P. Puissochet, President of the Chamber,
R. Schintgen, C. Gulmann, V. Skouris and J.N. Cunha Rodrigues
(Rapporteur), Judges; J. Mischo, Advocate General; H. von
Holstein, Deputy Registrar, has given a judgment on 30 January
2003, in which it:

1. Declares that, by failing, during the years 1995 to 1998, to
take all necessary measures to ensure that the quality of its
bathing water conformed to the limit values laid down in
Council Directive 76/160/EEC of 8 December 1975 concern-
ing the quality of bathing water and by failing, during the same
years, to adhere to the minimum sampling frequencies required
by that directive, the Kingdom of Denmark has failed to fulfil
its obligations under Articles 4(1) and 6(1) of the same
directive;

2. Orders the Kingdom of Denmark to pay the costs.

( 1) OJ C 212 of 28.7.2001.

that procedure,

What is the precise scope of the eleven-month time limit laid
down in Article 11a(1) of Commission Regulation (EEC)
No 1062/87 (1) of 27 March 1987 on provisions for the
implementation of the Community transit procedure and for
certain simplifications of
inserted by
Article 1(1) of Commission Regulation (EEC) No 1429/90 (2)
of 29 May 1990 amending Regulation (EEC) No 1062/87 on
provisions for the implementation of the Community transit
procedure and for certain simplifications of that procedure (as
applicable prior to the repeal of Regulation No 1062/87 by
Article 127(1) of Commission Regulation (EEC) No 1214/
92 (3) of 21 April 1992 on provisions for the implementation
of the Community transit procedure and for certain simplifi-
cations of that procedure, repealed in turn by Article 913 of
Commission Regulation (EEC) No 2454/93 (4) of 2 July 1993
laying down provisions for the implementation of Council
Regulation (EEC) No 2913/92 (5) establishing the Community
Customs Code)?

Must this provision be construed as meaning that the com-
petent Member State is not entitled to demand the duties owed
from the principal where this eleven-month time limit has not
been observed?

(1) OJ L 107 [1987], p. 1.
(2) OJ L 137 [1990], p. 21.
(3) OJ L 132 [1992], p. 1.
(4) OJ L 253 [1993], p. 1.
(5) OJ L 302 [1992], p. 1.

Reference for a preliminary ruling by the Hof van Cassatie
by judgment of that Court of 5 November 2002 in the
case of 1. Belgian Refining Corporation, 2. Michael Gene
Sachs, 3. Alfred Alfons Marie Leysens, 4. André Leonard
Elisabeth Schatteman, 5. Frank Catharina Martin Devoght,
and 6. Gilbert Theo Marie Frans Dias against Ministerie
van Financiën

Reference for a preliminary ruling by the Hof van Cassatie
by judgment of that Court of 5 November 2002 in the
case of I. Francis Maria SIPS against Ministerie van
Financiën and II. Florentius Martha Adrianus Petrus
Vreijsen and Vreijsen Douane-Expediteur against Minis-
terie van Financiën

(Case C-412/02)

(2003/C 55/09)

(Case C-413/02)

(2003/C 55/10)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Hof van Cassatie
(Belgian Court of Cassation) of 5 November 2002, received at
the Court Registry on 19 November 2002, for a preliminary
ruling in the case of 1. Belgian Refining Corporation, 2. Michael
Gene Sachs, 3. Alfred Alfons Marie Leysens, 4. André Leonard
Elisabeth Schatteman, 5. Frank Catharina Martin Devoght, and
6. Gilbert Theo Marie Frans Dias against Ministerie van
Financiën on the following questions:

Justice of the
Reference has been made to the Court of
European Communities by judgment of the Hof van Cassatie
(Belgian Court of Cassation) of 5 November 2002, received at
the Court Registry on 19 November 2002, for a preliminary
ruling in the case of I. Francis Maria SIPS against Ministerie
van Financiën and II. Florentius Martha Adrianus Petrus
Vreijsen and Vreijsen Douane-Expediteur against Ministerie
van Financiën on the following questions: