Judgment of the Court (Third Chamber) of 17 March 2005 in Case C-128/04: Reference for a preliminary ruling from the Rechtbank van eerste aanleg te Dendermonde in the criminal proceedings against Annic Andréa Raemdonck and Raemdonck-Janssens BVBA (Road transport — Social legislation — Regulation (EEC) No 3821/85 — Requirement to instal and use a tachograph — Regulation (EEC) No 3820/85 — Exception for vehicles carrying material and equipment)
Date: 2005-05-28
Institutions: Court of Justice
Subjects: approximation of laws, interpretation of the law, road transport, social legislation

28.5.2005

EN

Official Journal of the European Union

C 132/11

the States of

The principle ne bis in idem, enshrined in Article 54 of the Conven-
tion implementing the Schengen Agreement of 14 June 1985
between the Governments of
the Benelux Economic
Union, the Federal Republic of Germany and the French Republic on
the gradual abolition of checks at their common borders, signed on
19 June 1990 at Schengen, does not fall to be applied to a decision
of the judicial authorities of one Member State declaring a case to be
closed, after the Public Prosecutor has decided not to pursue the prose-
cution on the sole ground that criminal proceedings have been started
in another Member State against the same defendant and for the
same acts, without any determination whatsoever as to the merits of
the case.

carried out on national territory, all the travel costs would be reim-
bursed.

(1) OJ C 106 of 30.04.2004.

(1) OJ C 21 of 24.01.2004.

JUDGMENT OF THE COURT

(Third Chamber)

of 17 March 2005

in Case C-128/04: Reference for a preliminary ruling from
the Rechtbank van eerste aanleg te Dendermonde in the
criminal proceedings against Annic Andréa Raemdonck
and Raemdonck-Janssens BVBA (1)

(Road transport — Social legislation — Regulation (EEC) No
3821/85 — Requirement to instal and use a tachograph —
Regulation (EEC) No 3820/85 — Exception for vehicles
carrying material and equipment)

(2005/C 132/21)

(Language of the case: Dutch)

In Case C-128/04: reference for a preliminary ruling under
Article 234 EC from the Rechtbank van eerste aanleg te
Dendermonde (Belgium), made by decision of 19 January
2004, received at the Court on 9 March 2004, in the criminal
proceedings against Annic Andréa Raemdonck and Raem-
donck-Janssens BVBA — the Court (Third Chamber), composed
of A. Rosas (Rapporteur), President of the Chamber, A. La
Pergola, J.-P. Puissochet, U. Lõhmus and A. Ó Caoimh, Judges;
M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave
a judgment on 17 March 2005, in which it ruled:

1. The terms ‘material or equipment’ in Article 13(1)(g) of Council
Regulation (EEC) No 3820/85 of 20 December 1985 on the
harmonisation of certain social legislation relating to road trans-
port must, in the context of the exemption scheme provided for in
Article 3(2) of Council Regulation (EEC) No 3821/85 of 20
December 1985 on recording equipment in road transport, be
construed as covering not only ‘tools and instruments’, but also the
goods, such as building materials or cables, which are required for
the performance of the work involved in the main activity of the
driver of the vehicle concerned.

(1) OJ C 106 of 30.04.2004.

JUDGMENT OF THE COURT

(First Chamber)

of 17 March 2005

in Case C-109/04 (Reference for a preliminary ruling from
the Bundesverwaltungsgericht): Karl Robert Kranemann v
Land Nordrhein-Westfalen (1)

(Article 48 of the EC Treaty (now, after amendment, Article
39 EC) — Freedom of movement for workers — Civil servant
undergoing preparatory practical
training — Practical
training completed in another Member State — Reimburse-
ment of travel expenses limited to the domestic stretch of the
journey)

(2005/C 132/20)

(Language of the case: German)

In Case C-109/04: reference for a preliminary ruling under
Article 234 EC from the Bundesverwaltungsgericht (Germany),
made by decision of 17 December 2003, received at the Court
on 2 March 2004,
in the proceedings pending before that
court between Karl Robert Kranemann and Land Nordrhein-
Westfalen — the Court (First Chamber), composed of P. Jann,
President of
(Rapporteur), N.
Colneric, K. Schiemann and E. Levits, Judges; L.A. Geelhoed,
Advocate General, R. Grass, Registrar, gave a judgment on 17
March 2005, the operative part of which is as follows:

the Chamber, K. Lenaerts

Article 48 of the EC Treaty (now, after amendment, Article 39 EC)
precludes a national measure which grants a person who has
completed a practical training period under conditions of genuine and
effective activity as an employed person in a Member State other than
his Member State of origin the right
travel
expenses only up to the amount incurred in respect of the domestic
stretch of the journey, while providing that, if such an activity were

to reimbursement of