Source: EURLEX
Language: en
Format: md

30. 12. 89 Official Journal of the European Communities No C 330/1

I

_(Information)_

COMMISSION

Sixth Annual Report

to the European Parliament

on Commission monitoring of the application of Community law

1988

COM(%%) 4/7 /%*%/

(89/C 330/01)

30. 12. 89 Official Journal of the European Communities N o C 330/3

C O N T E N T S

INTRODUCTION 5

SECTOR-BY-SECTOR ANALYSIS

I. AN AREA WITHOUT FRONTIERS

_The single market_

Removal of physical frontiers 7

Customs union 7

Free movement of goods 8

Aricle 30 8

Article 95 9

Abolition of animal and plant health controls 10

Abolition of tax controls 10

Removal of technical frontiers 11

Free movement of goods 11

Principles governing freedom of movement 11

Article 30 11

Mutual recognition of national rules 13

Technical regulations 14

Miscellaneous products 14

Motor vehicles 14

Foodstuffs 14

Pharmaceutical products 14

Chemical products 15

Energy-generating products 15

Opening-up of public procurement 15

Free movement of workers and of members of the professions 16

Services 16

Financial services 16

New technologies and related services 17

Capital movements 17

Rules applying to businesses 18

Company law 18

Intellectual and industrial property 18

_A People's Europe_

Free movement of persons 19

The right to cross borders freely 19

Taxation and the citizen 19

Right of establishment and recognition of qualifications 20

Discrimination on grounds of nationality 20

Other questions: driving licences 21

Employment, social policy and education 21

Consumer protection 22

N o C 330/4 Official Journal of the European Communities 30. 12. 89

II. OTHER QUESTIONS

Statistical matters 22

Community staff 23

Budgetary matters 23

Environment policy 24

Competition policy 25

Agricultural policy 25

Fisheries 27

Transport policy 27

Energy policy 28

External relations 28

Development cooperation policy 28

TABLES, CHARTS AND SUMMARIES

Page

No 1 Infringement proceedings initiated since 1981 classified by stage of proceedings and Member

State 29

No 2 Number of letters of formal notice, 1985 to 1988, classified by sector 30

No 3 Number of reasoned opinions, 1985 to 1988, classified by sector 31

No 4 Number of references to the Court of Justice, 1985 to 1988, classified by sector 32

No 5 Infringement proceedings initiated since 1981 classified by stage of proceedings and sector... 33

No 6 Infringement proceedings initiated since 1981 classified by sector and legal basis 34

No 7 Number of infringement proceedings initiated since 1982 classified by legal basis and stage of
proceedings 35
No 8 Number of infringement proceedings initiated since 1985 classified by Member State, legal

basis and stage of proceedings 36

No 9 References to Court and judgments since 1981 37

No 10 Court of Justice judgments delivered up to 31 December 1988 not complied with 41

No 11 Review of significant judgments of national courts of final instance 53

No 12 Statistics on complaints and infringements detected by the Commission's own inquiries 56

ANNEXES

A — Infringements of the Treaties and of Regulations 59

B — Infringement of directives 82

30. 12. 89 Official Journal of the European Communities No C 330/5

INTRODUCTION

1. The sixth annual report on the application of
Community law by the Member States deals with the
monitoring of the application of Community law during
1988. Like its predecessors (') it represents a response to
the desire expressed by the European Parliament in its
resolution of 9 February 1983 ( [2] ).

2. The report comprises:

— a summary of infringements of the Treaties and of
secondary legislation as at 31 December 1988 and of
the infringement proceedings terminated during 1988
(Annex A), and

— a review showing the stage reached in the application
of directives as at 31 December 1988 (Annex B).

These are preceded by a sector-by-sector analysis,
various tables and graphs and a commentary on the main
judgments delivered by the highest courts of law in the
Member States.

3. The presentation of the report is essentially similar
to that of last year. However some innovations have
been made in response to a request by the European
Parliament:

(a) in the sector-by-sector analysis, the chapter on the
single market has been drafted in such a way as to
follow the structure of the Commission's White

Paper on the internal market and the chapter on a
citizens' Europe has been amplified. Among other
questions, there is now an analysis of external
relations;

(b) in response to the interest by the European
Parliament in the attitude of national courts towards

Community law, the annual review of important
judgments of national courts is supplemented this
year by a study of how their decisions have
developed. This study, which was already foreshadowed in the fifth report, is published as an
appendix to the present report.

4. The summaries and tables in the sixth annual report
call for the following comments:

(a) As regards the means of detecting infringements

(i) Complaints are a primary source of information
for the Commission. The number of complaints
registered continues to grow significantly (1 137
in 1988), thus showing that citizens are assuming
an increasingly active role in the effective

O First annual report COM (84) 181 final, 20. 4. 1984,

Second annual report COM (85) 149 final, 23. 4. 1985,
Third annual report COM (86) 204 final, 3. 6. 1986,
published in OJ No C 220, 1. 9. 1986,
Fourth annual report COM (87) 250 final, 24. 8. 1987,
published in OJ No C 338, 16. 12. 1987 and
Fifth annual report COM (88) 425 final, 13. 9. 1988,
published in OJ No C 310, 5. 12. 1988.
O OJN0C68, 14. 3. 1983.

creation of a Community based on law. The
Commission makes every effort — as was
indicated in the fifth report — to give a decision
as quickly as possible (see table 12);

(ii) As regards cases detected by the Commission's
own enquiries there is an increase (307),
contrary to the situation noted in 1987. A
number of such cases originate from
parliamentary questions or petitions. In these
cases also the Commission tries to ensure that

they are dealt with as rapidly as possible (see
table 12);

(b) The number of letters of formal notice has fallen
slightly in comparison with the previous year. The
internal market and industrial affairs, agriculture and
the environment are the main areas in which

infringement procedures have been commenced. In
comparison with 1987 there is a sharp increase in
relation to agriculture but a fall in the number of
cases concerned with the environment, employment
and social affairs (see tables 1 and 5, graph 2);

(c) The number of reasoned opinions, on the other
hand, has increased in 1988 thus continuing the
increase noted in 1987. The sectors to which this

increase relates are chiefly the environment,
transport and agriculture. There has been a fall in
the number of cases concerned with the customs

union, taxation and the internal market and
industrial affairs (see tables 1 and 5, graph 3);

(d) The number of actions brought before the Court of
Justice has increased slightly in comparison with
1987 (see tables 1 and 5, graph 4);

(e) The number of judgments of the Court of Justice
which have not yet been complied with rose
considerably, thus aggravating the trend criticized in
1987 (see table 9 and summary 10).

5. These facts call for the following comments:

(a) Letters of formal notice:

(i) The largest number of letters of formal notice
relate to the internal market and industrial

affairs. This is due to the Commission's inten
sified monitoring of the observance of Articles
30 to 36 of the EEC Treaty and of the
implementation of the directives concerned with
the achievement of the single market;

(ii) Agriculture comes second. The relative increase
noted in comparison with 1987 arises particularly
from delay in the adoption of national measures
implementing harmonization directives (plant
health sector, seeds and plants, animal feedingstuffs and veterinary law);

No C 330/6 Official Journal of the European Communities 30. 12. 89

(iii) Next comes the environment. The considerable
fall in the number of letters of formal notice no

doubt reflects the fact that the Member States

are paying greater attention to observance of
their obligations in this field;

(iv) Social questions have also seen a substantial fall
in the number of letters of formal notice. This is

due to better application by the Member States
of the directives concerning equality between
men and women, those relating to safety and
protection of health in the work place and the
provisions on non-discrimination in access to
public employment;

(b) Reasoned opinions:

(i) The environment is the sector giving rise to the
largest number of reasoned opinions. This is
partly due to the continuation of the numerous
infringement procedures initiated in the previous
years. It must not, however, obscure the fact that
a large number of cases have been terminated
because they have been regularized. It must be
emphasized that public opinion has played a
major part in safeguarding the environment.
Thus, the pressure exerted in relation to the
Karin B case encouraged the implementation of
the directive on the cross-frontier transport of
dangerous waste in Italian law, and consequently
the regularization of the existing situation of
infringement;

(ii) Contrary to what has been noted in relation to
letters of formal notice, the number of reasoned
opinions concerning the internal market and
industrial affairs has fallen during 1988,
although it is still substantial;

(iii) As regards agriculture, the number of reasoned
opinions has doubled in comparison with 1987,
and this is true also of letters of formal notice;

(iv) Finally, the customs union and indirect taxation
have shown a decline comparable to that of
1986;

(c) The increase in the number of actions brought
before the Court of Justice relates particularly to the
environment and social questions. This slight
increase does not, however, affect the general
tendency noted in the fifth report (paragraph 5 (c)).

6. In conclusion, the commission wishes to draw the
attention of the European Parliament to the following
points:

(a) The objectives to be attained before the end of 1992
require increased attention to the implementation of
Community law by the Member States and
particularly the directives. Among the directives
relating to the single market which are already in
force, there are few that have been incorporated into

the law of all the Member States. The Commission's

action pursuant to Article 169 of the EEC Treaty is
essential in this connection ('). But it must be
supplemented by a constant effort to increase public
awareness. The Commission is making this effort. A
development of the relations between the European
Parliament and the national parliaments could
contribute to increasing the awareness of the latter
where the intervention of the national legislature is

necessary.

(b) In view of the importance of its task, the
Commission attaches great value to parliamentary
questions, petitions and complaints by the public.
These initiatives enable the Commission to exercise

more extensive control and for this reason the

Commission makes a point of examining them as
quickly as possible.

(c) The Commission expresses its concern regarding the
judgments of the Court of Justice that have not yet
been complied with, although it is certain that cases
of a lack of political will are rather rare. It is nevertheless true that this situation undermines the funda
mental principle of a Community based on law. The
rules must be observed without exception or
ambiguity. As regards remedies, the only one
available under the system created by the Treaty is a
power on the part of the Court of Justice to find that
the necessary measures to comply with its judgment
have not been taken (Article 171 of the EEC
Treaty). In the absence of any further legal means of
strengthening the authority of the Court's
judgments, the grave problem of failure to comply
with its judgments can be dealt with only by political
action: making both governments and individuals
more aware of the situation, increased measures of
publicity, information and encouragement of
references for preliminary rulings, etc. In this context
the Commission is pleased to observe initiatives such
as Law No 86 of 9 March 1989 in Italy, known as
the La Pergola law, intended to accelerate the
process of implementing Community law. Such
initiatives are particularly encouraged by the
Commission since, more often than not, cases where
judgments have not been complied with are
concerned with the implementation of directives and
are due to the slowness of domestic legislative
procedures.

(d) In this context and also more generally, the
Commission draws the attention of the European
Parliament to its practice of giving suitable publicity
to cases where infringements are found, and to their
regularization, so as to inform the public of their
rights and encourage any indirect checks on the

(') In general, the Commission, following the suggestion of the
European Parliament (see point 5 or the resolution on the
fifth annual report), systematically includes in its new
proposals for directives a provision requiring the Member
States to refer explicitly to the directives in the national
instruments implementing them. This facilitates the
Commission's task of verification and can at the same time
contribute to better legal protection for citizens.

30. 12. 89 Official Journal of the European Communities No C 330/7

observance of Community law by means of actions
before national courts, which may in appropriate
cases refer questions for preliminary rulings.

(e) As regards the place of the preliminary rulings
procedure in the monitoring of the application of
Community law, the Commission examines, in each
case where a preliminary ruling is sought, whether
there is a need to commence infringement
proceedings. However, the observations made in the
fifth report regarding the implementation of Article
177 of the EEC Treaty still remain valid. Thus, the
Commission takes the view that the problem of the
costs involved in the procedure can be resolved only
in a context of harmonization. As regards the

problems raised by the attitude of national courts of
last instance to the question of references for a
preliminary ruling the Commission refers to the
contents of table 11 in the present report, which
deals specifically with this question.

(f) Like the European Parliament, the Commission
considers it important to promote wider knowledge
of Community law, which can only make the monitoring of its application more effective. For this
purpose the Commission is increasing its efforts to
encourage a wider knowledge of Community law,
particularly among those most concerned (lawyers,
judges, national officials, consumers' associations,
etc.).

SECTOR-BY-SECTOR ANALYSIS

I. AN AREA WITHOUT FRONTIERS

THE SINGLE MARKET

1. Completing the internal market involves:

— organizing the mutual recognition of national rules,
a process which is already well under way in the
field of the free movement of goods and which has
been extended to cover freedom to provide services,

— adopting some 300 measures set out in the
Commission's White Paper of June 1985 which,
despite their number, merely define essential
requirements and general principles; these measures
are designed to harmonize national rules only to the
extent that is strictly necessary in order to protect
health, safety or the environment.

2. Updates on the implementation of the White Paper
appear in the Commission's progress reports. Following
publication in November 1988 of the report required by
Article 8b of the Treaty (COM(88) 650), in June 1989
the Commission pubished its fourth annual report on the
White Paper's implementation.

3. It is not enough, however, simply for the measures
to be adopted; they must also be effectively implemented
by the Member States. In its November 1988 report, the
Commission welcomed the fact that almost half of its

programme had been the subject of Council decisions.
But it also expressed concern about the incorporation of
the measures into national law. Of the 112 measures

adopted, 77', including 65 directives, were to have been
transposed by the Member States by 1 January 1989.
However, only two of those 65 directives have been
implemented throughout the Community, some Member
States having by that date taken none of the other

measures necessary.

4. It is therefore important that the Commission
should keep a very close watch on progress in
implementing those measures which have been adopted
so as to make sure that Member States' dilatoriness does

not call the 1992 deadline in question by allowing the
retention of barriers which the Community has decided
to eliminate.

_Removal of physical frontiers_

5. Article 8 a of the Single European Act, sets the
Community a clear objective, namely the creation by 31
December 1992 of 'an area without internal frontiers in

which the free movement of goods, persons, services and
capital is ensured'. The Commission's internal market
White Paper contains a timetable for achieving this
objective. It is important that the Council should keep to
schedule in adopting the necessary measures so as to
permit their timely implementation.

_Customs union_

6. The judgments delivered by the Court of Justice in
1988 in the customs union field concern _charges having_
_an effect equivalent to customs duties_ applied in trade
between Member States (Articles 9 _et seq._ of the EEC
Treaty).

7. In connection with the creation of a single market
by the end of 1992, it is worth mentioning the judgments
delivered in Cases 18/87 and 104/86.

8. In its judgment in Case 18/87, the Court held that
a fee whose sole purpose was to provide compensation,
in a manner which was justified from both a financial
and an economic point of view, in respect of an

No C 330/8 Official Journal of the European Communities 30. 12. 89

inspection obligation imposed uniformly by Community
law could not be equated with a charge having an effect
equivalent to a customs duty because the harmonization
of inspections is likely to favour the free movement of
goods.

9. The Court also stated that the adverse effects on

the free movement of goods within the Community to
which such a fee may give rise may be set aside only on
the basis of Community provisions providing either for
the harmonziation of the fees, or for the expenses
incurred in respect of the inspections to be borne by the
Member States or, finally, for the cost of the inspections
to be included in the Community budget.

10. In its judgement in Case 104/86, the Court reaffirmed its previous case law according to which the
primacy and direct effect of Community law do not
release the Member States from the obligation to
eliminate from their internal legal system provisions
incompatible with Community law.

11. As regards the infringement proceedings
concerning the duty-free importation of _military_
_equipment,_ the political solution announced by the
Commission in its fifth report (page 13, point 32) has
been embarked upon by the presentation to the Council
of a proposal for a Regulation based on Article 28 of the
EEC Treaty (see proposal for a Council Regulation
(EEC) temporarily suspending import duties on certain
weapons and military equipment, OJ No C 265, 12. 10.
1988).

12. On the question of _directives,_ it should be noted
that all the infringement proceedings relating to mutual
assistance have been terminated, the Member States
concerned having complied with Community law. On
the other hand, other proceedings against Italy
concerning the release of goods for free circulation and
export procedures have not had the desired effect despite
the Court's rulings, so fresh proceedings have been
initiated against Italy pursuant to Article 171 of the EEC
Treaty for its failure to comply with those rulings. This is
a worrying situation as it calls into question the credibility of the Court's judgments.

13. The Commission has had to bring an action
before the Court of Justice for a declaration that

Belgium does not duly enter agricultural levies in the
accounts or calculate periods of deferment in accordance
with the Directive on the harmonization of provisions
concerning deferred payment of import duties or export
duties.

_Free movement of goods_

14. The abolition of frontier controls is achieved

through the direct application of the Treaty and through
harmonization measures. Such harmonization measures

concern the free movement of agricultural products and
the elimination of tax checks at frontiers (see points 34 _et_
_seq)._

_Article 30_

15. Article 30 of the Treaty prohibits, between
Member States, quantitative restrictions on imports and
measures having equivalent effect. The provision enables
action to be taken against import formalities which are
not justified by compelling reasons such as health
protection or safety considerations.

16. The Commission has thus called in question a
number of rules introducing unjustified formalities in the
movement of industrial and agricultural products.

17. In the field of _industrial products,_ the following
measures have been modified following the
Commission's intervention:

(i) in France, the monopoly held by the _Caisse des_
_monnaies et medailles_ (Coins and Medals Office),
which had the effect of preventing imports of
medals into France, has been ended; following
amendment of the relevant rules (see Official
Journal of the French Republic for March 1988),
medals manufactured and marketed in other

Member States may henceforth be imported freely
into France;

(ii) the restrictions placed in Portugal on the
importation of pleasure boats, in the from of a
document certifying that the imported boat was not
built in Portugal or could be bought there at a
comparable price, have been lifted;

(iii) the rule that prior authorization must be obtained to
import and place on the market alcoholic beverages
in Greece has been abolished, and the Greek
customs authorities have been instructed no longer
to require the production of certificates of origin on
the importation of such products. The requirement
that individuals wishing to clear through customs
goods intended for personal use must be in
possession of a residence permit and convert into
drachmas twice the value of the goods has likewise
been abolished;

(iv) a large number of Spanish rules governing the typeapproval of industrial products have been amended
following the Commission's intervention. Cutlery,
taps and fittings, decorative items and photovoltaic
equipment — products whose placing on the market
used to be subject to prior type-approval — may
henceforth enter Spain without restriction;

30. 12. 89 Official Journal of the European Communities No C 330/9

18. With regard to origin marking, the Commission
has pressed ahead with its action against Italy, the
United Kingdom and France aimed at preventing those
countries' rules on corrective origin marking from having
the effect of unjustifiably hindering trade. Such is the
case with the indication of the geographical origin of an
imported product where that product has been worked
or processed in another Member State at a trader's
request and that trader's name or trade-mark is affixed
to the product (a widespread practice, notably in the
textile industry).

19. In relation to _agricultural products,_ the following
import formalities, which have been the subject of
Commission scrutiny, may be mentioned:

(i) the requiring of certificates, to be issued by the
producer Member State, attesting to the conformity
of the products in question with the standards of the
importing Member State; this requirement is
imposed by Greece, Luxembourg and Germany in
respect of pasteurized butter, and by Greece alone
in respect of numerous foodstuffs, on grounds of
radioactivity;

(ii) the requiring of a licence or prior authorization to
import sheep into Germany, sperm intended for
artificial insemination into France, and live animals
and fresh meat into Belgium;

(iii) measures restricting trade based on the existence of
a national market organization, such as the
arrangements applicable to bananas in Greece;

(iv) measures prohibiting exports or rendering them
impossible, such as those affecting olive oil or maize
in Greece.

_Article 95_

20. This provision makes it possible to prohibit tax
controls and formalities which are out of proportion to
the objective of combating fraud.

21. In this respect, 1988 was a particularly successful
year for the Community as far as the monitoring of
Community tax law is concerned, both in view of the
large number of judgments delivered by the Court of
Justice, which in almost every case endorsed the
Commission's point of view, and because of the steps
taken by the Member States to regularize the
infringement situation in which they found themselves.

22. As in previous years, the Commission's efforts
were directed at ensuring both observance of Article 95
and the conformity of national legislation with
Community directives. It is with regard to the latter
aspect that the case-load was the heavier, especially in
relation to compliance with the Sixth VAT Directive.

The Commission notes with satisfaction, however, that
the Member States are resorting less and less to taxation
as a means of protecting their domestic industries — a
highly encouraging sign in the run-up to 1992. As
regards the former aspect, it should be pointed out that
the regulatory tax introduced against the background of
the negotiations on the Greek memorandum of 23
March 1982 (») was abolished on 31 December 1988.
This will make it possible to terminate two sets of
proceedings connected with the introduction of the tax,
one concerning the taxation of cheeses and the other
that of plastic decorating materials ( [2] ).

23. It should be noted that Ireland has aligned the
excise duty on table waters imported from other Member
States on that on domestic products, as a result of which
the Commission has withdrawn its court action ( [3] ).

24. By contrast, despite the Court's judgment in Case
257/86, Italy has not yet put an end to the discriminatory VAT treatment of medical samples, nor has it
taken any steps to comply with the judgments in cases
184/85 and 193/85 concerning the consumption tax on
bananas originating in other Member States, as a result
of which the Commission has initiated the procedure
provided for in Article 171 of the EEC Treaty.

25. Several new reasoned opinions were issued, of
which the following are among the most significant:
firstly, that served on the United Kingdom in respect of
the parafiscal charge levied by the Sea Fish Industry
Auhtority on domestic and imported fishery products,
United Kingdom fishermen being the main beneficiaries
of that body's spending; and secondly, that served on
Greece in respect of the differential taxation of imported
spirituous beverages (gin, whisky, rum), these being
subject to a VAT rate of 36 % whereas domestic
products (ouzo, liqueurs) bears a rate of only 18 %.

26. Among the proceedings previously instituted
which have led to a reference to the Court, mention may
be made of those brought against Denmark and Greece
in the field of motor vehicle taxation. In those countries,
the swingeing taxes are reflected in higher car prices,
which put consumers there at a considerable disad

O COM (82) 348 final.
( [2] ) Fifth Report, point 38.
( [3] ) Case 202/87, removed from the Court register on 27 April.

No C 330/10 Official Journal of the European Communities 30. 12. 89

vantage compared with other Community citizens, as
well as constituting an artificial brake on imports of such
goods. In Denmark the vehicle registration tax is so high
that it affects the number of cars on the roads, while in
Greece the tax arrangements are particularly
unfavourable to vehicles of over 1 800 cc, of which there
is no domestic production.

_Abolition of animal and plant health controls_

27. The White Paper proposes that harmonization
measures be taken in order to remove the justification
for certain controls. As indicated in the Article 8b report
(referred to above), despite the Commission's repeated
expressions of dissatisfaction at the delays within the
Council, the only measures to have been adopted so far
in the field of frontier controls concern the abolition of

animal and plant health checks. In this sphere, 22
directives in the White Paper programme entered into
force on 31 December 1988, although none of them has
as yet been incorporated into national law throughout
the Community.

For each of these measures, the Commission will
therefore have to initiate the procedures provided for in
the Treaty with particular diligence in view of the link
between them and the 1992 deadline. It must also ensure

that all the relevant legislation, most of which predates
the White Paper programme or relates to the administration of existing law, is applied. Thus in 1988 the
Commission commenced 130 fresh infringement
proceedings pursuant to Article 169 of the EEC Treaty
for failure to communicate national measures

implementing directives in the above fields.

_Abolition of tax controls_

28. Monitoring the correct application of the Sixth
VAT Directive _(),_ which makes provision for a uniform
basis of assessment of VAT, is a particularly important
aspect of the Commission's taxation programme for
1993. It is essential that the provisions of the Sixth
Directive are applied absolutely correctly in order to
avoid distortions of competition, the severity of which
will be even greater once VAT rates are approximated.

29. Following the initiation of proceedings by the
Commission, the Court of Justice has handed down a
large number of judgments the importance of which is
considerable, not only because they regularize several
infringements, but also because they help clarify the
meaning of certain provisions of the directive in
question.

30. Of the more significant judgments, it is worth
mentioning those censuring Ireland and the United
Kingdom ( [2] ) for maintaining a system of zero rating for

O OJ No L 145, 13. 6. 1977.
( [2] ) Cases 415/85 and 416/85.

certain categories of goods and services (in particular,
the construction of buildings and the supply of water,
energy and fuel) incompatible with Article 28 (2) of the
Sixth Directive.

Also worthy of note is the judgment given against
Belgium ( [J] ) in which the Court held that, in its Law of
31 July 1984 on the list price as the basis for the taxation
of new saloon cars and estate cars, that Member State
had failed to take the measures necessary to give effect
to the Court's Judgment in Case 324/82.

31. By its judgment in Case 50/87 the Court established an important principle in regard to the right to
deduct VAT when it declared that the maintenance in

force in France of that right in the case of enterprises
which let buildings which they had purchased or built
was contrary to the Sixth Directive.

32. Lastly, in connection with Article 25 of the Sixth
Directive, the Court censured Italy for over-compensating flat-rate farmers in the beef, pigmeat and milk
sectors in respect of goods delivered and services
supplied to them. ( [4] ).

33. The Commission is monitoring the correct
implementation of these judgments in the Member states
concerned, and as a result it has felt obliged to initiate
proceedings against the Netherlands for failure to
comply to date with the judgment in case 235/85
concerning the exemption from VAT in that country of
the official functions performed by notaries and
bailiffs ( [5] ).

34. On the other hand, the Commission notes with
satisfaction that the United Kingdom has complied with
the Judgment in Case 353/85 censuring that country for
exempting from VAT the supply of certain goods (e.g.
corrective spectacles made by approved opticians) in so
far as such goods do not form an integral part of the
services provided. Moreover, it withdrew its action
against Italy in connection with the exemption of credit
cards ( [6] ).

35. However, the year under review saw the
institution of fresh proceedings against Spain for introducing a zero rate of VAT for services provided by
lawyers and for sports associations and sports events,

( [3] ) Case 391/85.
( [4] ) Case 3/86.
( [5] ) Fifth report, point 37.
( [6] ) Case 103/87, removed from the Court register on 27
October.

30. 12. 89 Official Journal of the European Communities No C 330/11

and the referral to the Court of two cases on which the

file had been opened prior to 1988, one concerning
Germany following the exemption of travel agencies in
respect of journeys to Spain, and the other France, in
connection with the tax arrangements applicable to
gaming machines (').

36. France was'censured in 1983 in Case 90/82 for
infringing article 5 (1) of Directive 72/464/EEC ( [2] )
which provides that the retail selling price of tobacco
products is to be determined freely by the manufacturers
or importers and not by the public authorities, as was the
case in France. The Commission considered the measures

taken by the French authorities to be inadequate, so it
referred the matter once more to the Court pursuant to
Article 171 of the EEC Treaty. In its judgment in Case
169/87, the Court upheld the Commission's view and
again censured France for failing to take the measures
necessary to comply with its previous judgment.

37. It should be noted, finally, that in 1988 a reasoned
opinion had to be served on Spain, where the authorities
also fix the retail selling price of tobacco in breach of the
directive.

_Removal of technical frontiers_

38. 70 °/o of the progress made with the White Paper
programme has taken place in the field of technical
frontiers; in other words, it is there that the first difficulties in implementing the provisions adopted will arise.

_Free movement of goods_

39. The free movement of goods is hindered not only
by import formalities (see above), but also by different
rules governing the placing of products on the market.

_Principles governing freedom of movement_

40. The elimination of non-tariff barriers to intra
Community trade in goods is a cornerstone of the
completion of the internal market. To that end, the
Commission has at its disposal two basic instruments,
namely _the prohibition of any measure having an effect_

(') Fifth report, point 38.
O OJ No L 303, 31. 12. 1972, p. 1.

_equivalent_ to quantitative restrictions (Articles 30 to 36
of the EEC Treaty) and _the approximation of national_

_laws._

_Article 30_

41. Article 30 of the EEC Treaty prohibits, between
Member States, quantitative restrictions on imports and
measures having equivalent effect. The very wide interpretation given to this latter concept, which covers — in
the words of the Court of Justice itself — 'all trading
rules which are capable of hindering, directly or indirectly, actually or potentially, intra-Community trade',
enables the Commission as 'guardian of the Treaties' to
act with a view to eliminating obstacles to trade of the
most diverse kinds.

42. Action is usually taken in response to complaints
lodged with the Commission by business people or
private individuals. The Commission's departments are
also expanding their own monitoring operations
(own-initiative enquiries) based on information either
communicated by Parliament (parliamentary questions)
or gathered by themselves (e.g. from Member States'
official gazettes).

43. In the field of _industrial products_ the monitoring
activity is steadily gathering pace, as can be seen both
from the number of new complaints lodged in 1988
(518) and from that of own-initiative enquiries (46,
including six as a result of parliamentary questions).

44. To this should be added the number of technical

regulations notified under Directive 83/189/EEC and
scrutinized in the light of Articles 30 and 36 of the
Treaty (see below).

45. In view of the ever-increasing number of cases
broght to their attention, the Commission's departments
have found it necessary to stop dealing with them on an
individual basis and adopt a global approach, and this on
two levels.

46. From the substantive point of view, the problems
encountered are in fact similar from one Member State

to another (e.g. type-approval of industrial products,
indications of origin on imported goods, importers'
liability, prices of medicinal products, etc.).

47. As far as investigations are concerned, the
Commission's departments have tried to settle as many
cases as possible at the pre-hearing stage. With this end
in view, the practice has arisen of holding package
meetings at regular intervals in each Member State with
representatives of the government departments
concerned. At such meetings, all the cases involving a

No C 330/12 Official Journal of the European Communities 30. 12. 89

Member State are discussed. Pragmatic solutions in
keeping with Community law can thus be sought jointly
as early as the complaint stage. The results of this
practice were particularly encouraging in relation to
those Member States (Italy, France, Portugal and
Greece) with which meetings were held in 1988. This can
be illustrated with the help of the following examples:

(i) Italy (22 cases discussed):

— imported television sets may henceforth enter
Italy accompanied by a manufacturer's selfissued safety certificate, as provided for in
Directive 73/23/EEC;

— certain labelling requirements — indication of
the name of the importer in addition to that of
the foreign manufacturer — have been abolished
by means of an interpretative circular;

— on the _Cassis de Dijon_ principle, several cases
were settled in such a way as to ensure free
access for products lawfully manufactured and
marketed in other Member States. The example
may be given of alcoholic beverages of an
alcoholic strength of less than 9 % which could
not be marketed as such in Italy. Another case
concerned potable spirits the importation of
which was made subject to prior authorization
so as to enable checks to be carried out on the

product's conformity with Italian law.

(ii) France:

— some long-standing infringements were settled:
for example, postal franking machines made by
the United Kingdom firm Pitney-Bowes were at
last given type-approval by the competent authorities as a result of proceedings following upon
a Court judgment;

— another infringement dating from 1985 involving
foodstuffs _(charcuterie)_ was resolved satisfactorily
by the issuing of a circular which stated that
imported products could continue to be known
as _charcuterie_ despite the fact that they were not
made using traditional French methods;

— the pharmacists' monopoly over the sale of artificial sweeteners, granted under a 1902 act, was
abolished;

— the prohibition on the importation by private
individuals of medicinal products intended for
their personal use but not authorized in France
was also abolished.

(iii) Portugal:

— the principle of one-off certification was
introduced in cases of compulsory certification
of agricultural and forestry machinery and has
now been embodied in a statute.

(iv) Greece:

— one case worthy of note involved lightning
conductors, which had by law to meet domestic
technical standards if they were to be used in
public works. This requirement was amended by
a circular sent to the various government
departments concerned.

48. In the field of the free movement of goods, 1988
saw the emergence of restrictive measures whose justification lies in the protection of the environment. For
example, in Case 302/86 _Commission v. Denmark,_ the
Court of Justice held that a compulsory depositand-return system for beer and soft drink containers was
not only lawful but necessary to attain the environmental
protection objective pursued.

49. This objective was described by the Court as 'one
of the Community's essential objectives which may . . .
justify certain limitations on the principle of the free
movement of goods. That view is moreover confirmed by
the Single European Act' (Ground of judgment 8).

50. Of the new laws scrutinized by the Commission,
mention should be made of the German legislation —
enacted by six _Lander_ — providing that, when smog
occurs, traffic, with the exception of emergency vehicles
(ambulances, etc.), may be prohibited.

51. In the _foodstuffs_ sector, the Court of Justice
delivered several important judgments in 1988 which
reaffirmed its previous rulings and upheld the
Commission's views on, among other things, the
reserving of names and descriptions for products which
meet domestic requirements and the prohibiting of the
importation or sale of products which do not comply
with national regulations.

52. Thus, in giving judgment against France in Case
298/87 _deep-frozen yoghurt_ and Case 286/86 _Edam,_ the
Court again condemned the practice of reserving names
and descriptions where the product's characteristics are
not substantially different and where appropriate
labelling suffices to ensure that consumers are properly
informed.

53. In its judgments in Cases 90/86 _Zoni_ and 407/85
_Drei Glocken_ (pasta products), 216/84 _Commission v._
_France_ (milk substitutes) and 261/85 _Commission_ _v._
_United_ _Kingdom_ (pasteurized milk and unfrozen
pasteurized cream), the Court held respectively that
prohibitions on the sale of pasta made from common
wheat or a mixture of common wheat and durum wheat,

30. 12. 89 Official Journal of the European Communities No C 330/13

the importation of powdered milk substitutes and the
importation of pasteurized milk and unfrozen
pasteurized cream were neither compatible with Article
30 of the EEC Treaty nor justifiable pursuant to Article
36.

54. The Court thus confirmed once more that, in the
absence of any considerations of public health, the only
compelling reason that might justify the banning of a
foodstuff made in another Member State according to
quality standards applicable there is, therefore, the need
to protect consumers against fraud and producers against
unfair competition. In general, the existing Community
rules on labelling ensure the provision of proper information and help guard against error. Obstacles to the
free movement of foodstuffs due to the application of
quality standards to imported products can, therefore, be
removed on the basis of Articles 30 and 36. In 1989 the

Commission will publish a commentary on the Court's
judgments on foodstuffs.

55. In relation to _agricultural products,_ i. e. the
products listed in Annex II to the EEC Treaty, it should
be stressed that Articles 30 and 34 of the Treaty (on the
elimination of quantitative restrictions on imports and
exports and of all measures having equivalent effect)
form an integral part of common market organizations
(see judgment of the Court of Justice in Case 83/78 _Pigs_
_Marketing Board v. Redmond_ (1978) ECR 2347, Ground
55) and that obstacles to trade in products covered by
such organizations affect the normal functioning of those
organizations. The obstacles in respect of which the
Commission initiated proceedings were many and varied,
as the following examples illustrate:

(i) technical requirements relating to the presentation,
quality or packaging of products, having the effect
of limiting or discouraging imports: the Commission
took action against this type of measure in the case
of restrictions imposed in Italy on the marketing or
importation of fats and oils (obligatory [1] presence of
a tracer) and of cheeses (minimum fat content), and
in that of the German legislation reserving the use
of a given bottle shape for certain national
producers _(Bocksbeutel);_

(ii) national measures to do with human, animal or
plant health or with additives, prohibiting imports or
making them impossible, such as measures
concerning pasteurized milk in the United
Kingdom, certain meat preserves in Germany and
cheeses in Italy and Greece (maximum nitrate
content);

(iii) the fixing of maximum prices having the effect of
discouraging and restricting imports, as practised in
Greece in the olive oil trade;

(iv) measures restricting the advertising of imported
products, such as the refusal by Greek publicly
owned radio and television stations to broadcast

advertisements promoting foodstuffs from various
Member States.

_Mutual recognition of national rules_

56. In accordance with the strategy it outlined in its
internal market White Paper, the Commission is treating
as a matter of priority the application of the EEC
Treaty's rules on the free movement of goods (Articles
30 to 36) and is endeavouring to ensure that the
principle of mutual recognition is systematically incorporated in national law. According to this principle, any
product lawfully manufactured and marketed in one
Member State must have free access to the markets of

the other Member States, provided it does not endanger
health and safety.

57. In the latter event, the measures taken must nevertheless be strictly proportionate to the objectives pursued.
This strategy has made it possible to put an end to the
compulsory type-approval of industrial products in Spain
and to ensure acceptance there of the principle of the
recognition of products providing an equivalent level of
protection where such recognition is justified. It has also
helped bring about greater flexibility in the approval
procedures to which telecommunications terminal
equipment is subject in Portugal. Also worthy of mention
are certain cases concerning domestic appliances such as
gas cookers and refrigerator-freezers, which were subject
in France to compliance with national standards.

The importation into Germany and the marketing there
of building materials (chipboard) manufactured, tested
and marketed in France has been made possible through
the application of Article 30. The German authorities
now grant such panels type-approval on the strength of
the results obtained in France using that country's testing
methods, without systematically subjecting the panels to
fresh tests.

Lastly, mention may be made of the United Kingdom
rules whereby all imported gas and electric cookers had
to comply with national surface temperature
requirements.

58. To this _ex post facto_ monitoring activity must be
added, in the case of industrial products, the prior monitoring carried out by the Commission pursuant to

N o C 330/14 Official Journal of the European Communities 30. 12. 89

Directive 83/189/EEC. This directive obliges the
Member States to submit draft technical regulations for
prior vetting as part of an information procedure. This
obligation — which in the past did not cover the agricultural, foodstuffs, pharmaceuticals and cosmetic sectors
— has been extended to cover all technical regulations as
from 1 January 1989.

59. In 1988, 157 draft technical regulations and
standards were thus scrutinized in the light of the Treaty
and secondary legislation. Following such scrutiny the
Commission sought, in 64 cases, amendments designed
to ensure that their adoption did not create new
obstacles to the free movement of goods. In four cases,
the Commission announced the presentation of a draft
Community directive the provisions of which are to
replace the national measures.

_Technical regulations_

60. Twenty-four measures of the White Paper
programme have entered into force, to which should be
added 50 other directives adopted prior to the White
Paper or as part of the administration of existing law. Of
these 24 measures, only one, on pharmaceutical products
(Directive 87/21 /EEC), had by 31 December been
transposed throughout the Community, allowing for the
derogations enjoyed until 31 December 1992 by Spain,
Greece and Portugal. Other major directives, such as
those on car exhaust emissions, which were to have been
transposed by 1 July (Directives 88/76/EEC and
88/77/EEC) or 1 October (Directive 88/436/EEC) were
transposed in only a small number of Member States. 50
or so infringement proceedings are still under way.

_Miscellaneous products_

61. A large number of proceedings, 51 to be precise,
concern failure to notify implementing measures. As in
the past, they stem as a rule from the slowness of
national procedures for amending legislation. 41 cases
were, however, regularized by the Member States
concerned in 1988, a distinct improvement on the
previous year. Nevertheless, two sets of proceedings
instituted against Italy still remain open (medical thermometers). The Court of Justice gave judgment against
Italy in one case and an action has been brought in the
other. As regards the stage reached in the application by
Spain and Portugal of the directives covering these areas
of activity, contact has been maintained with the
competent government departments with a view to
quickly making up for time lost in transposing the
directives into Spanish and Portuguese law.

62. As to the non-conformity of national laws with
Community directives or the incorrect application of

such laws, the infringement proceedings currently under
way, namely one action against the United Kingdom and
another against Spain, are a leftover from 1987. Both
sets of proceedings concern Directive 73/23/EEC,
otherwise known as the low voltage directive. The
relevant United Kingdom legislation is currently
undergoing amendment. In Spain, despite the entry into
force on 1 December of Royal Decree 7/1988 incorporating the directive into national law, obstacles to
trade in products falling within the directive's scope
remain, according to complaints recently received by the
Commission. The Commission is continuing its investigation into these cases, which are apparently due to a
misinterpretation of the Community directive.
Meanwhile, the Court of Justice remains seized of the

matter.

_Motor vehicles_

63. Implementation of the directives on motor
vehicles, agricultural tractors and motor cycles continued
normally in the Member States, 124 of them having now
been transposed. In the course of the year, four
infringement proceedings for failure to transpose
directives were commenced.

The infringements are all due to administrative delays in
certain Member States in incorporating Community
directives into their national law.

_Foodstuffs_

64. The proceedings initiated in respect of directives
concern only instances of failure to communicate
national implementing measures. The file was closed on
43 infringements, 19 cases are at the formal notice stage
and three are at the reasoned opinion stage.

65. The Commission brought actions against France
and the Netherlands for failure to transpose Directive
83/417/EEC (fetoproteins) and against France for
failure to transpose Directive 83/635/EEC (preserved
milk).

_Pharmaceutical products_

66. Proceedings were commenced in respect of the
medicinal products directives against Italy alone. In
particular, the Commission brought an action before the
Court for that country's failure to comply with the

30. 12. 89 Official Journal of the European Communities No C 330/15

judgment in Case 145/82 on the non-transposition of
two basic directives on proprietary medicinal products
(65/65/EEC and 75/319/EEC).

_Chemical products_

67. While some Member States have transposed a
good many directives in this field, there remains much
leeway to be made up. In view of the large number of
directives (31) and their technical complexity, Spain and
Portugal have been given more time in which to translate
them into national law.

68. During the year under review, 22 instances of
implementation of chemicals directives were notified to
the Commission. The main products concerned are
asbestos, paints and varnishes.

69. The Commission brought an action before the
Court against Germany in respect of PCBs/PCTs.
Belgium and Italy have still not implemented the two
directives on detergents despite being censured by the
Court.

Letters of formal notice have been sent in this

connection. Of the nine letters of formal notice sent to

Member States, eight have been acted upon.

_Energy-generating products_

_70._ In connection with the proceedings mentioned in
the fifth annual report, the following developments have
taken place.

71. After having taken Belgium to court for failing to
provide stastistical information on the prices of crude oil
and petroleum products, the Commission withdrew its
action as the Member State had complied in the
meantime.

72. As to implementation of the directives on the
performance of heat generators, the Commission is
continuing its comparative evaluation of the national
implementing measures. The work should be completed
in the course of 1989.

73. In 1988 the Commission embarked upon only one
new study, aimed at verifying the conformity of Member
States' national laws with the provisions of Directive
85/536/EEC on the use of substitute fuels. The laws of

four Member States (Denmark, Germany, Luxembourg
and Spain) are in keeping with the Community directive.
A fifth Member State (France) has written the directive
into national law. The Commission has requested more
explicit and detailed information on certain aspects of
the French legislation. Under the Accession Treaty,
Portugal has been awarded an extension to the time limit
for bringing its legislation into line with Community law.
The Commission sent the six remaining Member States a

letter on 28 September reminding them of their obligation to notify national measures implementing the
directive. By the end of the year the Commission hadreceived replies from two of the letter's recipients (the
Netherlands and the United Kingdom), in which it was
stated that work on transposing the directive should be
completed by early 1989.

_Opening-up of public procurement_

74. The opening-up of public procurement is one of
the keys to completion of the internal market. In 1988,
as in 1987, the Commission attached great importance to
the correct implementation of the Community directives
coordinating the procedures for the award of public
works and public supply contracts, and satisfied itself
that the Treaties' rules on freedom to provide services
and the free movement of goods were being made full
use of.

75. The infringements concerned mainly:

(i) the choice of award procedure and the obligation
on contract-awarding authorities to advertise
tenders in the _Official Journal of the European_
_Communities:_ for example, in Italy the call for
tenders for the construction of an urban solid waste

incineration plant in La Spezia was made without
any prior publication of a tender notice, the
contract-awarding authority having invited directly
certain Italian firms to submit bids. Thanks to the

measures adopted by the Commission in 1987 to
speed up the handling of infringements, this case,
which came to the Commission's notice in January,
was brought before the Court in time (in July) for it
to order the contract's suspension pending delivery
of judgment;

(ii) interpretation of the scope of the directives and of
the sectors excluded: for example, a reasoned
opinion was served on Portugal because the public
enterprise which runs Lisbon airport had not put out
to Community-wide competitive tender, by
publishing a notice in the _Official Journal of the_
_European Communities,_ a contract for the supply
and assembly of a telephone exchange;

(iii) the criteria for selecting bidders or applicants to bid:
for example, a reasoned opinion was served on
Germany because, for the construction of a
purifying plant in Duisburg, the contract-awarding
authority had stipulated that contractors must be
affiliated to a German quality assurance body and
that the contract guarantee must be provided by a
credit insurance institution licensed by the Germany
authorities. A reasoned opinion was also served on
Italy because the tender notice for a construction
contract published by the University of Pavia
stipulated that, to qualify, tenderers must have
approved contractor status in Italy and be listed in
the Italian trade register;

No C 330/16 Official Journal of the European Communities 30. 12. 89

(iv) the technical specifications for products: in the year
under review the Court gave judgment in an action
brought by the Commission in 1987 against Ireland
in respect of the call for tenders for work on the
Dundalk Water Supply Augmentation Scheme:
contract No 4 (Case 45/87). The Court, while
finding that the contract-awarding authority was a
body outside the scope of Directive 71/305/EEC,
nevertheless held that Ireland had infringed Article
30 of the EEC Treaty. The authority had insisted on
the use of materials certified as complying with a
national standard and had ruled out the possibility
of taking into consideration any tender based on
another Member State as affording equivalent safeguards;

(v) the contract award criteria: for example, in
connection with a public works contract, about
which a reasoned opinion has been served on the
Netherlands, the Local Committee for Land
Consolidation applied, in awarding the contract,
criteria which had not been laid down beforehand

and on which it could therefore not rely. The
contract gave rise to a reference by the Arrondissementsrechtbank (District Court), The Hague for a
preliminary ruling by the Court of Justice (Case
31/87). The judgment in this case is of special
importance as far as the opening-up of public
procurement is concerned for the way in which the
Court interpreted the concept of contract-awarding
authority within the meaning of Direcitve
71/305/EEC. The Court held that a body such as
the Local Committee for Land Consolidation is

bound by the directive as the purpose of the
directive, namely the bringing about of freedom of
establishment and freedom to provide services in the
public works field, would be defeated if the directive
were to be declared inapplicable solely because a
public works contract had been awarded by a body
which, though set up to carry out tasks conferred
on it by law, was not formally part of the State. The
judgment is also significant in that the Court
recognized the direct effect of Articles 20, 26 and
29 of the directive.

76. As far as monitoring the incorporation of
directives into national law is concerned, the
Commission served a reasoned opinion on Greece for its
failure to transpose Directive 71/305/EEC correctly.

_77._ Although the increase in the number of complaints
bears witness to a greater awareness on the part of
European business people of their rights under the
Community's public procurement rules, there is nevertheless still a certain reluctance to complain for fear of
retaliation when tendering for a new contract.

78. The Commission has therefore injected some
vigour into its own-initiative enquiries by introducing
measures which are to become operational in 1989.
Firstly, it has adopted a new system of monitoring
compliance with the public procurement rules in the case
of projects and programmes financed by the Structural
Funds and other Community financial instruments (')
Monitoring has now been extended to cover all the
different forms of Community financing and stepped up
inasmuch as not only the rules on advertising and the
exceptions thereto but also compliance with procedural
requirements are subject to vetting. Secondly, it has
concluded a study contract with a firm of consultants
with a view to examining systematically, over several
periods during 1989, tender notices published both in the
_Official Journal of the European Communities_ and in the
press in the various Member States. At the same time, the
firm has been instructed to gather all the information it
can on privately negotiated public contracts and public
contracts awarded in excluded sectors.

79. Other steps have been taken to improve the investigation of infringement cases through a deeper
knowledge of the facts and of the rules and practices
existing in each Member State. The Commission has
concluded a study contract to that end.

80. In parallel with the closer monitoring of
compliance with the Community procurement rules, the
Commission has continued its awareness campaign aimed
at preventing infringements. The campaign has included
the holding of numerous seminars and conferences for
the benefit of existing contract-awarding authorities and
other entities equated therewith in the proposed works
and excluded sectors directives. This has been coupled
with a major programme of training Euro-info-centres
and informing potential tenderers.

_Free movement_ _of workers and of members of the_
_professions_

See chapter entitled 'A people's Europe'.

_Services_

_Financial services_

81. Although the advent of the single market has
given fresh impetus to the work on freedom to provide
financial services" and enabled a number of directives to

O See Commission Notice in OJ No C 22, 28. 1. 1989.

30. 12. 89 Official Journal of the European Communities No C 330/17

be adopted on banking, insurance and securities transactions, none of these measures has yet been
implemented in the Member States.

82. The Commission has received numerous letters

from members of the public in response to its request for
copies of correspondence with banks concerning the
charging of commissions on _Eurocheques_ cashed abroad.
It now has a wealth of information on specific problems
encountered by Eurocheque users. With regard to the
charging of stamp duties on cheques cashed in Italy, the
Commission, in deference to Member States' fiscal
sovereignty, has refrained from calling for the abolition
of such duties as long as they are not charged in a
discriminatory manner. It has therefore made a finding
of incompatibility with Community law only in the case
of the Lit 500 stamp duty systematically charged on
cheques involving a currency transaction, notably Eurocheques drawn on a foreign bank.

83. Several letters have been received in which the

writer complains about _charges for transferring_ money
from one Community country to another. The
Commission is aware of this unsatisfactory situation, but
it can remedy it only by means of a specific initiative
which it proposes to launch in connection with the transparency of banking conditions.

84. A reasoned opinion was served on Italy for the
failure of the Italian police to respect the obligation no
longer to require production of the _green card_ as proof of
the fact that a car is insured. The Community system is
based on an agreement between the various national
insurers' bureaux to compensate the victims of accidents
caused abroad by a vehicle registered in another Member
State, by virtue of such registration alone. The
requirement of the production of a green card has, in a
number of cases, had quite unacceptable and disproportionate consequences (for example, seizure of the
vehicle, involuntary prolongation of a stay pending the
dispatch of a green card from the country of origin).

85. Only Denmark has amended its legislation
following the Court's judgments on _co-insurance._
Pending formal amendment of their laws, the French and
Irish authorities have simply issued administrative
instructions to the effect that the leading insurer should
no longer be required to have an establishment in France
or Ireland, while the German government, which is in
the process of drawing up amending legislation, has not
considered it necessary to take interim measures. The
Commission will return to this problem in the context of
monitoring the implementation of the second non-life
insurance directive of 22 June 1988 (Directive
88/357/EEC).

_New technologies and related services_

86. The means provided by the EEC Treaty of
ensuring the free movement of radio and television
broadcasts within the Community are twofold: firstly,
the coordination of national laws, and secondly, the
direct application of the Treaty's provisions, and in
particular Articles 59 and 62.

87. As regards the first aspect, following the delivery
by Parliament of its opinion on the proposal for a
directive on the pursuit of broadcasting activities (OJ No
C 49, 22. 2. 1988), the Commission transmitted to the
Council on 6 April 1988 its amended proposal for a
directive (OJ No C 110, 27. 4. 1988).

88. As regards the direct application of the Treaty, the
proceedings initiated in 1987 have had a favourable
outcome. The Commission terminated the proceedings
brought against Germany, as the retransmission by cable
of programmes from other Member States can no longer
be restricted owing to application of the requirements of
pluralism imposed on broadcasters established in the
_Land_ of Bremen and the other _Lander._

89. In Case 352/85 _Vereniging Bond van Adverteerders_
_and Others v. The Netherlands State_ the Court gave a
preliminary ruling on the interpretation of the Dutch
rules on the _distribution by cable of foreign_ _television_
_programmes_ (the _Kabelregeling)._ In its judgment, the
Court held that the prohibition contained in the _Kabelre-_
_geling_ on the cable distribution in the Netherlands of
programmes transmitted by satellite from other Member
States with Dutch sub-titles and containing advertising
aimed specifically at the Dutch public entailed
restrictions on freedom to provide services contrary to
Article 59 of the Treaty.

90. Lastly, the Commission's attention was drawn to
the fact that in Belgium private individuals are forbidden
to possess _satellite dishes_ capable of picking up television
broadcasts transmitted via telecommunications satellites.

The Commission commenced proceedings pursuant to
Article 169 of the Treaty in respect of this prohibition.

91. It should be pointed out in this context that the
deadline for incorporating into national law Directive
87/372/EEC _on the frequency bands to be reserved for the_
_pan-European system of cellular mobile telephony_ was 25
December 1988.

_Capital movements_

92. In the field of capital movements (Articles 67 _et_
_seq._ of the EEC Treaty), the improvement in Ireland's
external payments situation induced the Commission not
to extend the term of validity of the decision authorizing

No C 330/18 Official Journal of the European Communities 30. 12. 89

that Member State, pursuant to Article 108 (3) of the
EEC Treaty, to maintain until 31 December 1988
restrictions on certain capital movements liberalized
under Community law (*) Ireland thus had to take the
necessary measures to fulfil as from 1 January 1989 all
its Community obligations in relation to the free
movement of capital. The Commission's November 1985
decision to support a programme aimed at restoring
Greece's balance of payments was also revised in such a
way as to relax considerably the restrictions on capital
movements authorized at that time. The improvement in
Greece's external equilibrium justified this move but did
not permit at that stage the removal of all the protective
measures orginally authorized. The authorization in
respect of some of those protective measures was thus
renewed until 31 December 1989 ( [z] ). Spain and Portugal
may also maintain certain restrictions on capital
movements until 1990 and 1992 respectively under the
transitional arrangements laid down in the Act of
Accession.

93. Following the Court's judgment in Case 194/84
on funds blocked in Greece, the Greek authorities have
taken steps to comply therewith. However, the steps are
in some respects inadequate and the Commission has
brought a fresh action against Greece.

_Rules applying to businesses_

94. In the White Paper programme, only some of the
measures planned in the fields of company law and
industrial property have been adopted and have entered
into force.

_Company law_

95. In this field, 1988 saw a series of transposals of
directives by the Member States. The Third and Sixth
Directives, on mergers (78/855/EEC) and demergers
(82/891/EEC) respectively, were transposed by Greece,
the United Kingdom, France, Luxembourg and Ireland.
The Seventh Directive, on consolidated accounts
(83/349/EEC), was transposed by Luxembourg, and the
Eighth Directive, on auditors' qualifications
(84/253/EEC), was transposed by Spain. On the other
hand, despite the judgment of the Court of Justice in
Case 17/85, Italy has not yet transposed the Fourth
Directive on company accounts (78/660/EEC). More
specifically:

(') Decision 85/15/EEC, as amended by Decision 88/12/EEC

(OJNoL5, 8. 1. 1988).
( [2] ) Decision 85/594/EEC, as amended by Decision
88/600/EEC (OJ No L 325, 29. 11. 1988).

(i) the _Fourth Council Directive_ (78/660/EEC)of 25
July 1978 on the annual accounts of certain types of
company has been transposed in all Member States
except Italy, Spain and Portugal. Italy was censured
by the Court of Justice in its judgment in Case
17/85 for its failure to transpose the Directive. As
Italy has not complied with the judgment, the
Commission has commenced fresh infringement
proceedings pursuant to Article 171 of the Treaty;

(ii) as regards the transposal of the _Third_ _Council_
_Directive_ (78/855/EEC) of 9 October 1978 on
mergers and the _Sixth_ _Council_ _Directive_
(82/891/EEC) of 17 December 1982 on demergers,
the Commission terminated the proceedings against
France, the United Kingdom, Greece, Ireland and
Luxembourg after those Member States had brought
their legislation into line with Community law. On
the other hand, the Commission brought actions
before the Court of Justice against Belgium and
Italy for their failure to transpose the two directives;

(iii) with respect to the incorrect implementation of the
company law directives by the Member States, the
Commission closed the file on two cases, one
against Belgium in connection' with the _Second_
_Council Directive_ (77/91/EEC) of 13 December
1976, and the other against the Netherlands in
connection with the _Seventh_ _Council_ _Directive_

(83/349/EEC) of 13 June 1983. On the other hand,
the Commission commenced two new sets of

proceedings against Germany in respect of the
implementation of the _First_ _Council_ _Directive_
(68/151 /EEC) of 9 March 1968 and the _Seventh_
_Council Directive._

96. The Commission received complaints from
Community nationals about restrictions in various
Member States on the acquisition of shareholdings in
companies. Most of these cases were brought to a satisfactory conclusion.

_Intellectual and industrial property_

97. Of the two measures adopted, only the directive
on the legal protection of microcircuits has entered into
force; it has been transposed by eight Member States,
the others being the subject of infringement proceedings.

A PEOPLE'S EUROPE

98. Most of the measures taken in the drive towards

the single market are of direct concern to the ordinary
citizen, either because they help to protect his entit

30. 12. 89 Official Journal of the European Communities No C 330/19

lement to travel and to establish himself anywhere in the
Community or because they enable him to make use of
goods and services whose movement has been liberalized.

99. As examples there are the steps already referred to
aimed at

— solving difficulties with the registration of motor

cars,

— ensuring freedom to import medicines for personal

use,

— securing the right to use dish aerials to receive
satellite television broadcasts in Belgium.

100. There are measures which have been taken specifically to protect the rights of private individuals which
can also be considered here. But it must be borne in

mind that many other measures taken in this sphere have
no binding force: examples are the introduction of the
European passport, the health card, and the abolition of
customs signs.

_Free movement of persons_

101. At the Community's internal borders there are
still immigration controls and customs formalities as a
constant public reminder of the extent to which the
Community is still partitioned. The removal of these
barriers is one of the most immediate and visible benefits

which the Community can achieve for the individual
European. It will be a first step towards a People's
Europe, a positive Europe which helps its people in their
daily lives rather than a Europe of rules and regulations.
It must not be forgotten, though, that obstacles to the
free movement of persons are not confined to difficulties
at borders; they can arise out of national rules which
have nothing to do with border controls and nevertheless
constitute tangible barriers to the development of the
business activities of nationals of other Member States.

_The right to cross borders freely_

102. The Commission receives many complaints and
protests at red tape encountered when crossing borders,
involving inspections of goods or identity checks. Too
often airports and border posts are prey to queues
caused by inadequate organization, and the image of the
Community suffers as a result. These difficulties will also
be apparent from the petitions received by the relevant
Committee of Parliament.

103. In many cases the Commission finds itself with
no legal redress; the only legal instruments available are
Article 7 of the Treaty and the movement and residence

directive. Very frequently neither of these can be applied,
either because it cannot be shown that there was

discrimination or because the controls have been carried

out in accordance with the wording of the directive.

104. The Commission is nevertheless developing a
dynamic approach to the application of existing
Community law, illustrated for example in its challenge
to systematic checks on the residence permits of
travellers crossing the border between Germany and
Belgium. The Court has now confirmed that there are
limits to the national authorities' discretion here, without
however curbing the inspection of residence permits as
the Commission had hoped.

105. After infringement proceedings had been
initiated against Greece and Portugal, the two countries
followed the other Member States in ending the practice
of stamping the passports of Community nationals
entering or leaving their territory.

106. Denmark and Germany have dropped the rules
which prevented other Community nationals from
crossing the border at minor border posts.

107. Lastly, the Commission brought an action before
the Court of Justice to settle its difference of principle
with the Netherlands over the extent of the powers of
officials checking travellers at its borders.

_Taxation and the citizen_

108. The previous report ( [x] ) discussed the elimination
of _double taxation_ on the importation of second-hand
goods bought by private individuals in another Member
State, in accordance with the principles developed in the
_Gaston Schul_ judgments ( [2] ), which have now been
confirmed by the Court's preliminary ruling in _Drexl (_ _[3]_ _)._

109. Proceedings against the Netherlands were
terminated in 1987, and 1988 saw the termination of
proceedings against other Member States which now
apply the rules correctly (Denmark, Germany, Ireland,
Luxembourg and the United Kingdom). In the case of
France there were points of detail which still required
study. Reasoned opinions were sent to two more recent
Member States, Greece and Spain.

(') Fifth report, point 58.
O Cases 15/81 and 47/84: OJ No C 13, 21. 1. 1986, p. 2.
( [3] ) Case 299/86.

No C 330/20 Official Journal of the European Communities 30. 12. 89

110. As regards the proper application of _tax-free_
_allowances_ for Community travellers, the Commission
terminated proceedings against the United Kingdom,
which has now amended the legislation which required
presentation of a special form in order to qualify for
tax-free treatment, whereas the directive requires only
the invoice or an equivalent document. But in four cases
Member States did not comply with a reasoned opinion
and the Commission referred the matter to the Court.

The Member States involved are Denmark and Ireland;
the cases concern restrictions imposed by both Member
States since April 1987 on the granting of tax-free
allowances to short-term visitors, and quantitative limits
on beer (').

111. In two cases proceedings were brought against
Italy pursuant to Article 171 of the EEC Treaty ( [2] ), for
failing to take steps to comply with Council Directive
83/181 /EEC, which concerns exemption from VAT on
the final importation of certain goods, notably samples,
and Council Directive 83/183/EEC, which deals in
particular with tax-free allowances for removals.

112. Reasoned opinions were also sent to Greece and
Spain in connection with the same removals directive.
Greece does not apply the tax-free allowance to motor
cars acquired by way of inheritance, and limits the
amount of the allowance for motor cars with a cylinder
capacity of over 1 800 cc; Spain requires payment of
VAT if the rate in force in the country of origin is less
than that applied by the Spanish authorities, whereas the
directive calls for completely tax-free importation.

_Right of establishment and recognition of qualifications_

113. Of five measures adopted by the Council since
the White Paper three have reached the date by which
they must have been transposed into national law; these
deal with recognition of the qualifications of pharmacists, general practitioners, and architects; the other
two concern the general system for the recognition of
higher-education diplomas, which is to apply by January
1991, and the equivalence of vocational training qualifications, whose implementation depends on the publication by the Commission of lists of qualifications in a

(') Fifth report, point 58.
( [2] ) Earlier judgments in Cases 124/86 and 125/86 _Commission_
_v. Italy._

number of fields. There is delay in implementing the
directives on the qualifications of pharmacists in one
Member State, while in the case of general practitioners
there are delays in five Member States.

114. The Commission also had to ensure the

implementation of other directives dating from before
the White Paper, which concerned the professions and
other occupations. The Court delivered three judgments
in 1988: in Case 427/85 _Commission v. Germany,_ for
failure properly to implement the lawyers' directive, and
in Case 283/86 _Commission v. Belgium_ and Case 310/86
_Commission v. Italy,_ which concerned the free movement
of persons supplying services ancillary to transport. At
the end of 1988 proceedings were at the reasoned
opinion stage in two cases, France as regards the
lawyers' directive and Greece in the case of the directive
on services ancillary to transport. This number may well
grow in 1989 if letters of formal notice for failure to
implement or failure properly to implement the pharmacists' and architects' directives, which were to have
been transposed by October 1987 and August 1988
respectively, are not followed by measures to regularize
the position in the Member States concerned.

115. For regulated occupations to which Community
directives do not apply or do not yet apply the
Commission is seeking to ensure that Member States
comply with the principles set out by the Court of Justice
in Case 222/86 _Heylens_ (not yet reported). The Court
there held that even in the absence of harmonization of

the conditions of access to a particular occupation,
Member States are required to assess the equivalence of
a foreign diploma 'exclusively in the light of the level of
knowledge and qualifications which its holder can be
assumed to possess in the light of that diploma, having
regard to the nature and duration of the studies and
practical training which the diploma certifies that he has
carried out' (Ground 13).

_Discrimination on grounds of nationality_

116. The Commission continued to follow up
complaints lodged with it in the field of the professions
and other occupations; it also took fresh steps to
challenge discrimination in the national public services,
along the lines indicated in its published notice on the
application of Article 48 (4), (OJ No C 72, 18. 3. 1988,
p. 2).

30. 12. 89 Official Journal of the European Communities No C 330/21

117. During the year, actions brought by the
Commission ended with Court judgments censuring
Greece in two cases, for allowing only its own nationals
to practise as teachers (Case 47/86) and lawyers,
architects, civil engineers or surveyors (Case 38/87), and
one judgment against Italy for allowing only Italian
citizens to benefit under an assisted mortgage scheme for
housing built by the public authorities (Case 63/86). The
Commission brought a Court action in a case of
discrimination by France against Community nationals in
certain overseas territories (Case 263/88). A case of
discrimination by Greece concerning the purchase of real
property in certain regions of the country had been
referred to the Court in 1987 (Case 305/87). These two
cases were pending before the Court at the end of 1988.

118. The Commission initiated proceedings against
Italy pursuant to Article 171 of the Treaty in view of its
failure to comply with the 1986 judgment in Case
168/85, which concerned nationality requirements for a
number of occupations (journalists, pharmacists etc.).

119. The Commission continued to pay careful
attention to cases brought to its notice in parliamentary
questions, both written and oral, and sent reasoned
opinions to France, Greece and Italy for discrimination
on grounds of nationality in the granting of authorization to practise as a tourist guide.

_Other questions: driving licences_

120. Italy complied with the Court's 1987 judgment in
Case 419/85 by taking the national measures necessary
to incorporate Directive 80/1263/EEC into national law;
the Community-model driving licence will be available in
the course of 1989. Belgium has taken the necessary
legislative measures following the Court's judgment of
1987 in Case 9/86, and the Community model driving
licence has been available there since 1 January 1989.
After infringement proceedings were initiated against
France it too implemented the directive, and the new
model has been available since 6 February 1989.
Although the United Kingdom and Ireland have
transposed most of the provisions of the directive they
have not yet introduced a Community-model driving
licence. It is expected to be adopted in September 1989
in Ireland and 1 January 1990 in the United Kingdom.

121. This question continues to excite considerable
attention on the part of individuals affected, which is
reflected in the number of complaints to the Commission
and petitions to Parliament. The bulk of these complaints

arise out of an insufficient knowledge of the rules in
Directive 80/1263/EEC. The Commission has been able

to settle most cases. It sent Germany a reasoned opinion
for faulty interpretation of the concept of normal
residence referred to in Article 8 of the Directive as it

applies to students.

_Employment social policy and education_

122. The Commission made strenuous efforts to

ensure observance of the Treaty (Article 48 on the free
movement of workers, Article 119 on equal pay for men
and women) and the regulations adopted by the Council
(e.g. regulations on the free movement of workers and
the application of social security schemes to migrant
workers). The Commission also continued proceedings
against certain Member States which have still to incorporate directives into their national law: these directives
concern the movement and residence within the

Community of workers from Member States, equal
treatment for men an women as regards employment and
social security, and the protection of workers at the
workplace.

123. As regards the observance of the _articles of the_
_Treaty_ _and_ _the provisions_ _of_ _the_ _regulations,_ the
Commission commenced two actions in 1988 before the

Court of Justice, one against France and one against
Belgium. One other case is still pending before the
Court. Two fresh infringements (France) formed the
subject of reasoned opinions, one of which was followed
by the commencement of an action before the Court.
Two infringements, one on the part of Ireland and one
on the part of Italy, were brought to an end, and the
Commission closed these cases.

124. As regards the _failure to comply with Directives or_
_their incorrect application,_ 11 infringements, relating in
particular to the equal treatment of men and women,
were brought to an end, and the cases were closed.

125. The following points should be mentioned in this
connection:

— as regards entry controls and the residence permit or
establishment permit for Community citizens
enjoying the right of freedom of movement
(Directives 63/360/EEC and 73/148/EEC) the
Commission withdrew an action brought before the
Court against Belgium (Case 23/88); another case is
still before the Court,

No C 330/22 Official Journal of the European Communities 30. 12. 89

— in the field of Directive 76/207/EEC on equal
treatment for men and women as regards access to
employment, infringement proceedings were settled
to the Commission's satisfaction in eight cases, which
were consequently closed,

— a reasoned opinion was sent to Greece for
infringement of Directive 77/187/EEC; this case was
subsequently referred to the Court,

— a reasoned opinion was sent to Belgium for incorrect
application of Directive 79/7/EEC concerning equal
treatment of men and women as regards social
security,

— a court action was brought against Greece (Case
53/88) for incorrect application of Directive
80/987/EEC on protection of employees in the event
of the insolvency of their employer; an action against
Italy is still before the Court.

126. As regards the _failure to notify national measures_
_implementing_ _directives,_ the Commission terminated
infringement proceedings in ten cases concerning
Belgium, France, Greece, Ireland, Luxembourg, the
Netherlands and the United Kingdom, all regarding
health and safety at work. The Commission brought a
Court action against Italy for failure to implement
Directive 82/605/EEC concerning the protection of
workers exposed to metallic lead; and neither Italy nor
the Netherlands has yet notified national measures
implementing Directive 83/477/EEC concerning the
protection of workers exposed to asbestos. The
Commission is particularly concerned that Italy has still
not incorporated into its domestic law Directive
75/129/EEC on collective redundancies, despite two
Court judgments against it, in Cases 91/81 and 131/84.

_Consumer protection_

_127._ There were no major developments as compared
with the previous year. Consumers, who ought to be the
first to benefit from a single Community market,
continued to make little use of the legal remedies which
Community law offers them to defend their rights, such
as the complaint to the Commission. There were only
eleven complaints to be investigated in the course of
1988. Commission monitoring of the application of
Community law was therefore confined mainly to
checking that the Community directives had been
formally incorporated into the law of the Member States.

128. The Court's judgment in Case 152/84 _Marshall_
confirmed that where a Member State fails to incor
porate a directive into national law the directive can be
relied upon before the courts by a private person against

that state, but not against another (directives have no
horizontal direct effect). We have already seen that
consumers make little use of the other remedies open to
them.

129. The situation may be due in part to the fact that
in Member States where consumers are well aware of

their rights, domestic law provides a large measure of
protection and redress, and Community directives have
generally been properly transposed. There are other
Member States where the transposal of the directives is
less satisfactory, but in those countries consumers are not
well informed about their rights. Then again, a barrier to
trade within the Community may be a constant difficulty
to a businessman, who may thus have an interest in
taking action against some national rule, but a violation
of an individual consumer's rights will affect the
consumer only from time to time unless the article
concerned is one he buys regularly. The consumer may
therefore be unwilling to take steps to defend his rights.

130. It should be pointed out here that the interests of
consumers are also taken into account in monitoring the
application of the law on the free movement of goods
and services, the agricultural rules, the competition rules
and the environmental rules (see the relevant sections of
this report).

II. OTHER QUESTIONS

_Statistical matters_

131. Quite specific features attach to the implementation of Community law governing a given statistical
field since, where a Member State is obliged to supply
figures at stated intervals and in accordance with a
pre-established procedure, if the obligation is repetitive
in nature its fulfilment may be called in question
whenever any due date is reached. Moreover, where the
Community provisions are enacted in the form of
directives, their formal incorporation into national law is
not an essential requirement for their implementation
since such implementation may simply derive from the
requisite data being supplied by the competent authorities.

132. In the final analysis, it is clear that failure to
comply with the law in regard to statistics is relatively
rare and that an occasional delay does not constitute,
_ipso facto,_ and in the absence of additional adverse
factors, a breach which justifies initiating an
infringement procedure. Nevertheless, virtually all the
situations brought to light or in respect of which the
Member States were censured have to do with unac
ceptable delays and less often with the conditions under
which data were compiled.

30. 12. 89 Official Journal of the European Communities No C 330/23

133. The infringement referred to in the preceding
report has still not been brought to an end by the
Member State concerned. Italy is still in breach of its
obligations under Council Directive 78/564/EEC on the
carriage of goods by road. It was censured by the Court
in 1985 for failing to supply a complete statement
regarding the carriage of goods by road by Italian
carriers and proceedings have now been brought against
Italy for its failure to implement a judgment of the
Court.

134. Apart from that case, the Commission had to
examine various possible offences during the year under
review and in three cases it initiated the infringement
procedure by sending a letter of formal notice. In two of
those cases, since no reply was received, the
Commission's decision to send a reasoned opinion was
taken at the end of 1988. In the third case, the answer to
the letter of formal notice led to further requests for
information which resulted in commencement of the

subsequent stage of the procedure being deferred.

_Community staff_

135. On the question of pension rights, following the
Court's judgment in Case 315/85 _Commission_ _v._
_Luxembourg,_ in which the Court rejected the
Commission's argument that an official was in all cases
entitled to require the transfer of the actuarial equivalent
even if the national scheme provided only for the
transfer of the contributions repaid, the Commission
decided to withdraw that proceedings in respect of
Germany (Case 146/86) and France (Case 303/85)
which were essentially based on the same ground of
complaint. The legislation in the Netherlands has been
amended so as to permit the relevant transfer. This will,
however, still require the conclusion of a formal
agreement with the Commission. The negotiations with
Belgium are close to a successful conclusion.

136. On the question of overlapping family
allowances, following the judgments in Cases 186/85
and 189/85 in which it was held that Community family
allowances are supplementary to national ones, negotiations are under way with the Federal Republic of
Germany aimed at determining the detailed
arrangements for implementing the said judgments as far
as the past is concerned. In the case of Belgium, the
relevant arrangements have been agreed and they are
being implemented.

137. The various infringement procedures initiated in
respect of Belgium in cases concerning the position of
Community officials employed in Belgium were
terminated in 1988. The agreement concluded with the
Belgian authorities in April 1987 concerning _inter alia_
recording the particulars of Community staff under a
special heading in the municipal population registers

made it possible to resolve the various problems which
had arisen such as the tax on secondary residences,
refusals to grant premiums in connection with the
purchase and renovation of immovable property, and
'non-resident' charges for sports and cultural clubs and
for water consumption.

138. Pursuant to Article 12 (e) of the Protocol on
Privileges and Immunities, officials and other servants of
the Communities enjoy the right, only upon transfer or
termination of duties, to import (transfer) and reexport
(termination of duties) a motor car with exemption from
VAT. On account of difficulties encountered in

connection with duty-free importation into Portugal of
motor cars by former officials or servants of the
Commission, a reasoned opinion was sent to the
Portuguese authorities. In the case involving Belgium,
the procedure initiated concerning the requirements laid
down for exemption from VAT in connection with the
importation of motor cars was terminated since the
Commission's principal ground of objection did not
appear well-founded.

139. With regard to the procedure concerning the
50 % reduction in the emoluments paid by the Belgian
authorities to Belgian teachers seconded to the European
schools, the Commission decided to bring proceedings in
the Court of Justice.

_Budgetary matters_

140. The Commission terminated an infringement
procedure concerning the non-payment of customs
duties since Belgium paid the sums reclaimed.

141. As regards default interest on late payment of
own resources, the Commission brought proceedings in
the Court in respect of one case involving Italy and, in
regard to another case concerning that Member State, it
delivered a reasoned opinion. An infringement procedure
initiated on the same grounds was terminated as Greece
paid the sums claimed.

142. With a view to recovering unpaid VAT own
resources, and default interest on the sums owing,
resulting from infringements of Directive 73/388/EEC
and Regulation (EEC) No 2892/77, as amended, the
Commission delivered a reasoned opinion in respect of
France and brought proceedings in the Court of Justice
in respect of Germany. In this field, the Commission
terminated three infringement procedures since the
Member States in question (Ireland, the Netherlands and
the United Kingdom) paid the VAT resources concerned
and the default interest due.

No C 330/24 Official Journal of the European Communities 30. 12. 89

_Environment policy_

143. The fourth Community action programme on the
environment ( [x] ) stipulates that implementation of environment law is one of the priorities for the years to
come. This priority was expressly reaffirmed in the
Council Resolution of 19 October 1987 ( [2] ) and was also
acknowledged by the European Parliament.

144. In 1988 the Court of Justice delivered a

considerable number of judgments which will have a
positive impact on the protection of the environment.
Thus, for example, in Cases 227 to 230/85, the Court
censured Belgium for the second time for its failure to
take the measures necessary to implement the Council
directives on waste (78/176/EEC, 75/442/EEC,
75/439/EEC and 76/403/EEC). Faced with this totally
unacceptable situation, the Commission will have to take
all the steps that are necessary, within the scope of its
powers, and will, in particular, examine the funding of
Community projects on the environment in Belgium. In
Case 322/86 the Court delivered a judgment adverse to
Italy on the ground of its incomplete implementation of
Directive 78/659/EEC (fresh waters needing protection
or improvement in order to support fish life). This
judgment provides the Commission with a sound footing
in its endeavours to secure implementation of this
directive in the 12 Member States. Lastly, in Case
302/86 involving Denmark, the Court reaffirmed its
ruling in Case 240/83, namely that the protection of the
environment is an important matter of common concern
which may justify certain limitations of the principle of
the free movement of goods.

145. In 1988, as in 1987, action taken by the
Commission was marked by an increase in activity
regarding patial compliance with and incorrect
implementation of Community environmental legislation.

146. The Member States are continuing to fail to
transpose the directives on the environment into national
law by the stipulated date and the Commission has had
to send a considerable number of letters of formal notice

to them for failure to communicate national measures

implementing such directives. Special mention must be
made of Directive 85/337/EEC on the assessment of the

effects of certain projects on the environment. Despite
their having had three years to incorporate this directive
into national law, on the date on which it came into
force (4 July 1988) only five Member States had
informed the Commission of their national implementing
measures. As far as waste is concerned, the result of the
late incorporation of Community directives into their
national law by a considerable number of Member States
was that in the summer of 1988 public opinion in Europe
and the third world became extremely agitated about the
transport of toxic waste both within the EEC and to
third world countries. Comprehensive and effective
implementation of the existing Community directives, in

O OJ No C 328, 7. 12. 1987, p. 1
O OJ No C 328, 7. 12. 1987, p. 2

particular Directives 84/631 /EEC and 86/279/EEC,
could have prevented the unlawful operations.

147. With regard to the incomplete implementation of
directives on the environment, attention must be directed
primarily at national and regional legislation on hunting
since in many Member States it is not in conformity with
the provisions of the directive on the conservation of
wild birds (79/409/EEC). In 1988 the Commission
brought proceedings in the Court of Justice in the case
of two Member States (Germany (Case 88/288) and the
Netherlands (Case 87/399)) and sent a number of letters
of formal notice and reasoned opinions. It has to report
that, at present, the Member States, some of whose
practices in regard to hunting or trapping wild birds
were declared unlawful in judgments delivered by the
Court in 1987 and 1988, have still not amended their
legislation. The Commission has accordingly had to
initiate new procedures against certain Member States.

148. Probably the most serious situation concerns the
failure to apply effectively existing Community and
national legislation. It has to be recognized that the environment throughout the Community would be in a far
better state if existing legislation were, in fact, applied in
all EEC countries. This applies to all environmental
sectors — water, the atmosphere, waste, chemicals and
chemical plant, the countryside and noise. Many
Member States appear to experience special difficulties
where a Community rule requires them to draw up and
implement remedial projects and programmes. Likewise,
the designation of special areas and the remedial, conservation or supervisory measures which have to be taken
frequently run into difficulties. In this regard mention
must again be made of Directive 79/409/EEC where
roughly one half of the special conservation areas for
wild birds were designated and the Commission has
found it necessary, on account of the management or
business activities carried on within the habitats in

question, to initiate a whole series of infringement
procedures. It is to be feared that harm done to the
habitats of wild birds will continue to pose a serious
threat to the efforts to protect the countryside within the
EEC.

149. As far as waste is concerned, the Member States
are all considerably behind in making public and
forwarding to the Commission their plans for the
disposal of toxic and dangerous waste. In 1988 the
Commission reminded the Member States of their obli
gations under Directive 78/319/EEC and drew their
attention to the impact that completion of the internal
market will have on policies for the disposal of waste.

150. In the case of water, the effective implementation
of a number of directives, namely 75/440/EEC (surface
water), 76/160/EEC (bathing water), 80/68/EEC
(groundwater), 80/778/EEC (drinking water) and
78/659/EEC (fresh waters needing protection or
improvement in order to support fish life) is far from
satisfactory. In 1988 the Commission concentrated
primarily on the directives on bathing water in regard to

30. 12. 89 Official Journal of the European Communities No C 330/25

which it decided to initiate infringement procedures in
respect of all the Member States and on the directive on
drinking water. As far as the latter is concerned, the
failure by a considerable number of Member States to
comply with the values indicated for nitrates and
pesticides is giving rise to serious problems. It is difficult
for the Commission to monitor implementation of the
legislation as Directive 80/778/EEC contains no
provision requiring information to be supplied to the
Commission on implementation of the directive.

151. There is scant monitoring of the implementation
of the provisions of international conventions on water
to which the EEC is party. Thus, Community maritime
waters are not subject to monitoring by the Commission
which is a shortcoming from the standpoint of the need
to protect the Community environment effectively.

152. The number of complaints further increased in
1988 and reached almost 200. Most of them deal with

protection of the countryside followed by water and
atmospheric pollution. The Commission is pleased to
note that complaints regarding the environment are
lodged with it not only by private individuals and environmental protection associations but also by political
parties, political groupings in national parliaments and
municipal authorities and embassies. The Commission
considers that this trend is an expression of the fact that
protection of the environment is of common concern. It
regards the formal complaint as a valuable instrument in
ensuring efficient monitoring of the effective implementation of Community environment law.

153. At the end of 1988, following a complaint lodged
by a private individual, the Commission brought
proceedings in the Court of Justice aimed at bringing to
an end an infringement concerning the treatment and
disposal of dangerous waste in Spain (Case 21/89). The
Commission takes the view that Spain has breached a
number of directives on hexachlorocyclohexane;
furthermore, the Spanish authorities are failing to
cooperate as far as on-theTspot checks are concerned.

_Competition policy_

154. As regards the adjustment of national monopolies
of a commercial character, the Commission had to deal
with two cases, in particular. With regard to the Greek
monopoly in petroleum products, the Commission was
obliged to find that the adjustment measures proposed
by Greece to bring it in line with the provisions of
Article 40 of the Act of Accession were unacceptable and
it therefore decided, on 8 June 1988, to bring
proceedings in the Court of Justice. With regard to the
Spanish monopoly in petroleum products which must be
adjusted in accordance with the provisions of Article 48
of the Act of Accession and Articles 30 and 37 of the

EEC Treaty, the Commission took note of the undertakings given by the Spanish Government on 25 January
1988 regarding prompt compliance with the
Commission's reasoned opinion of 22 December 1987.

155. With regard to measures taken by the State
within the meaning of Article 90 of the EEC Treaty,
particular mention must be made of the following cases:

— by its judgment in Case 226/87 the Court of Justice
censured the Hellenic Republic for its failure to
adopt the measures necessary to comply with
Commission Decision 85/276//EEC (*) concerning
the insurance in Greece of public property and loans
granted by Greek State-owned banks. Since the
Greek Government has still not communicated the

measures necessary to comply with the decision in
question, the Commission is considering initiating a
further procedure under Article 169 of the EEC
Treaty on the ground of Greece's failure to comply
with its obligations under Article 171 of the Treaty;

— following adoption of Commission Decision
87/359/EEC pursuant to Article 90 (3) of the EEC
Treaty ( [2] ), concerning reductions in air and sea
transport fares available only to Spanish nationals
resident in the Canary Islands and the Balearic
Islands, Spain took measures designed to extend
eligibility for the said reductions to nationals of other
Member States resident in the islands with effect

from 1 January 1988. A similar solution was adopted
in 1988 by Portugal with regard to its system of
concessionary air fares. From now on, nationals of
other Member States resident in the Azores and

Madeira are eligible for the fare reductions that were
formerly available only to resident Portuguese
nationals.

156. The Commission also examined the refusal of the

German Government to assist Commission officials in

the enforcement of the competition rules. A reasoned
opinion was sent on 4 June 1987 and the Commission
decided to defer consideration of this matter pending the
judgment in the _Hoechst_ case.

_Agricultural policy_

157. Infringements of specific market organization
measures intended to achieve the objectives laid down in
Article 39 of the EEC Treaty are of two kinds: either
there is delay in applying the Community rules (which
have to be applied promptly if they are to attain the
effects desired by the Community legislature), or they
are implemented incorrectly.

158. The Commission took action against delays in
the application of the supplementary milk levy scheme in
Italy, in the payment of abandonment premiums in
respect of wine-growing areas in Italy, in the devel

(') OJ No C 152, 11. 6. 1985, p. 25.
O OJ No L 194, 15. 7. 1987, p. 28.

No C 330/26 Official Journal of the European Communities 30. 12. 89

opment of a computerized register of olive-growing data
in Italy and Greece, and in the adoption of measures
providing for penalties for infringements of the olive oil
production aid scheme in France.

159. Incorrect application of Community rules
affected the operation of the common organizations of
the following markets:

— cereals and olive oil, in Greece, by reason of State
measures relating to Community prices and the
buying-in of cereals which do not meet the criteria
laid down in the Community rules and, in particular,
national measures regarding management of the
cereals market that are contrary to the rules
governing the common organization of the market
through action taken by the KYDEP organization,
set up by the Greek State, which covers the deficits
of that body;

— fruit and vegetables, milk and wine, in Italy, by
reason of the absence of quality controls for fruit and
vegetables, the setting of milk prices at a stage within
the exclusive competence of the Community, and the
unjustified inclusion of certain wine-growing areas in
the Lago di Caldaro region;

— wine, in Germany, by reason of the unlawful increase
in the natural alcoholic strength of Moselle wines,
the acceptance of quality wines psr from outside the
specific regions, the ban on the use of rectified
concentrated grape must in the preparation of local
wines and quality wines psr and the failure to adopt
legislation imposing penalties under the common
organization of the market in wine to ensure that
compulsory distillation measures are implemented;

— wine, in Portugal, by reason of the incorrect
implementation (e.g. failure to lay down
supplementary requirements) of the Community rules
on premiums for grubbing-up areas under vines;

— eggs and poultry, in the Netherlands, by reason of
the requirement that Netherlands' exporters established outside Netherlands territory must, _inter alia,_
indicate the number of an approved Netherlands'
packing centre on egg packagings.

160. As regards harmonization, the fields covered are:
phytosanitary rules, seeds and plants, and animal feedingstuffs and veterinary law.

161. The Commission initiated 130 new infringement
procedures pursuant to Article 169 of the EEC Treaty in
1988 for failure to inform the Commission of national

measures implementing directives in the abovementioned
fields.

162. Although this figure represents a considerable
increase, it is apparent that the Member States adopt
national implementing measures without the Commission
having to refer the matter to the Court of Justice. In
1988 in 17 cases out of 19 the Member States complied
with reasoned opinions delivered by the Commission
before the month of December of that year. Proceedings
were brought in the Court in one case only
(furthermore, the infringement was brought to an end
shortly after the matter was referred to the Court).

163. As far as implementation of the Court's
judgments in concerned, Italy (the only Member State
concerned) adopted measures incorporating 11 directives
(out of 16) into national law on the basis of an enabling
law ('), in the case of the five remaining directives, the
Commission initiated proceedings pursuant to Article
171 of the Treaty.

164. As far as the characteristic features of the

infringements committed by Member States are
concerned, the observations contained in previous
reports are still valid ( [2] ). The absence of any significant
changes in this regard makes it pointless to repeat them.

165. In its last report ( [3] ), the Commission drew
attention to the worrying failure on the part of Italy to
comply with the judgment of the Court of Justice in
Case 69/86, in which the Court censured Italy under
Article 171 for failing to comply with its judgment in
Case 322/82, holding that Italy was infringing the rules
governing the monitoring of quality standards in regard
to fruit and vegetables.

166. That observation remains valid also since despite
the Commission's many representations, Italy has still
not complied with the two rulings delivered by the Court
of Justice. The Commission must denounce such conduct

which is detrimental to the proper functioning of the
Community, which is founded on respect for the law.

( [1] ) The Enabling Law of 16 April 1987 (Official Gazette of the
Italian Republic of 13 May 1987, No 109) conferred, for a
period of one year, power upon the Italian Government to
incorporate a number of Community directives into national
law. In the meanwhile that law has ceased to have effect.
( [2] ) See, _inter alia,_ the Fifth annual report to the European
Parliament on Commission monitoring of the application of
Community law, 1987. Document COM(88)425 final,
13. 9. 1988, p. 42.
( [3] ) Fifth report to the European Parliament, op. cit., p. 47.

30. 12. 89 Official Journal of the European Communities No C 330/27

_Fisheries_

167. With regard to the Community arrangements for
the conservation and management of fish stocks,
stringent monitoring by the Commissin in previous years
led most Member States to introduce stricter measures

aimed at securing compliance with technical conservation
measures and catch quotas. The Commission is
continuing to take action where catch quotas are
exceeded; overfishing is an indication of inaction on the
part of the Member States concerned as regards fishery
inspections. Reasoned opinions were delivered in this
connection to the United Kingdom (overfishing in 1985),
the Netherlands (overfishing in 1986) and France
(overfishing in 1985 and 1986). The case brought against
the Netherlands in 1987 on the question of overfishing in
1983, 1984 and 1985 is still pending before the Court of
Justice.

168. As regards compliance with the inspection
procedures which Member States are required to
establish, a procedure initiated in respect of Belgium was
terminated. Another case that was examined, concerning
France, involving unsatisfactory monitoring of
compliance with technical conservation measures
resulted, in the end, in the matter being referred to the
Court of Justice. A reasoned opinion was sent to Spain
on the same subject establishing a breach of the
requirement to record catches of species subject to TACs
or quotas; the said breach is liable to call in question the
Commission's ability to ensure that the Member State
concerned does not exceed its quotas.

169. Application by Member States of the Community
rules requiring the data specified under the common
organization of the markets to be supplied to the
Commission improved considerably. The Commission
terminated the procedures in respect of Denmark, the
Netherlands and the United Kingdom. France, Italy,
Ireland and Greece continued to breach the abovemen
tioned requirement and proceedings were brought in the
Court of Justice regarding the latter three Member
States.

170. Lastly, as in the past, the Commission insists that
each Member State must notify it of the national
measures that it adopts on fisheries in accordance with
the procedures and by the time-limits laid down. It can
then monitor the conformity of such measures with
Community law and is better able to ensure the
consistency of Community policy. The last procedure
initiated in this regard in respect of the Netherlands was
formally terminated in 1988.

171. The Commission continues to carry out routine
monitoring of Member States' national legislation
concerning fisheries in order that it may assess whether
they are in conformity with the Community rules and
prerogatives in force. In this connection the Commission
decided to bring proceedings in the Court regarding
Irish legislation which makes the granting of fishing
licences subject to a nationality requirement, thus
restriction freedom of establishment. The Commission

also decided to bring proceedings in the Court in regard
to a case concerning an extension of United Kingdom
territorial waters which entails restrictions on certain

specific rights vested in fishermen from other Member
States that are laid down in the Act of Accession and

basic Regulation (EEC) No 170/83.

_Transport policy_

172. Most of the measures adopted in the field of
transport by road, air and sea take the form of directly
applicable regulations and decisions; thus, three
measures came into force in 1988 concerning, on the one
hand, air services (Decision 87/602/EEC on the sharing
of passenger capacity and access to the market and
Regulation (EEC) No 3975/87 on the application of
Articles 85 and 86 of the Treaty), and on the other hand,
the carriage of goods by road (Regulation (EEC) No
1841/88 on the Community quota). Only fares for
scheduled air services between Member States were

covered by a directive (Directive 87/601 /EEC), which
had been in force since 31 December 1987 and had still

not been incorporated into national law by most of the
Member States one year later.

173. Italy has still not complied with judgments by the
Court of Justice concerning its failure to incorporate into
national law three directives on admission to the occu
pations of road haulage operator and road passenger
transport operator and on the mutual recognition of
qualifications for those occupations despite further Court
judgments against Italy pursuant to Article 171 of the
Treaty as far as the first two directives are concerned
and a further reference to the Court on the basis of that

same Article in the case of the last mentioned directive.

The proceedings brought against Greece for failure to
incorporate the same directives into national law are still
pending before the Court.

174. However, Italy adopted legislation concerning
the tax reductions provided for in Directive 82/603/EEC
concerning certain types of combined road-rail carriage
of goods in compliance with the Court's judgment in
Case 420/85.

175. As regards Directive 86/544/EEC which
concerns the same field, it has now been implemented by
all Member States.

176. At present Belgium is the only country which has
failed to incorporate into its national law Directive
82/714/EEC on technical requirements for inland
waterway vessels. The Court has delivered judgment
against it.

177. In the important field of the weights and
dimensions of road vehicles covered by Directive
86/364/EEC, two countries complied with the
Community legislation following letters of formal notice
sent by the Commission. Measures still have to be taken

No C 330/28 Official Journal of the European Communities 30. 12. 89

two other Member States as is the case with the

Directive on facilitating the crossing of frontiers
(Directive 87/53/EEC).

178. With the exception of the United Kingdom,
which submitted draft legislation to the Commission, all
the Member States incorporated into their national law
the two directives concerning inter-regional air services.
In the case of the directive on fares for scheduled air

services between Member States, included in the air
transport package enacted in December 1987,
infringement procedures were initiated in respect of two
Member States. An important case concerning implementation of Decision 87/602/EEC on capacity and access
to the market, also included in the air transport package,
arose during 1988. The Italian authorities refused Aer
Lingus fifth freedom rights (the right to carry cargo and
passengers between airports situated in States other than
that in which the airline is registered) in respect of flights
between Manchester and Milan on the Dublin/

Manchester/Milan route. The Commission referred the

matter to the Court of Justice and particular attention
was devoted by the press to this case.

179. Another important infringement procedure was
the subject of considerable comment by the media,
namely that initiated in respect of Portugal concerning
the implementation of Regulation (EEC) No 4055/86 on
freedom to provide services to maritime transport
(included in the maritime transport package of
December 1986). At the beginning of 1987 Portugal
adopted new rules governing the carriage of goods
reserved for vessels flying the national flag, which
increased the scope of the preference already enjoyed by
such vessels and which extended it to vessels chartered

by national shipowners, something clearly contrary to
the derogations still allowed by the regulation. It would
appear that this infringement may shortly be brought to
an end through the promulgation of a new decree-law
the text of which was approved by the Commission.

_Energy policy_

180. On 27 April 1988 the Commission adopted a
Working Document on the internal energy market
(COM(88) 238 final of 2 May 1988) which it sent to the
Council and the European Parliament. The document
sets out a list which is as exhaustive as possible of the
obstacles which exist to completing the internal market
in energy, and proposes four sets of measures which
should enable the said obstacles to be removed. One of

these sets of measures concerns the application of
Community law. The Commission has, in essence, four
sets of legal instruments at its disposal: those which
ensure the free movement of goods and services; those
which relate to State monopolies and exclusive rights;
those governing the conditions of competition; lastly,
those applicable to State aids.

181. In parallel with the adoption of its Working
Document, the Commission entrusted its staff with the
task of examining ways in which the legal instruments at
its disposal could be rendered more stringent, with a
view to securing compliance with Community law in the
energy field. In carrying out this task, Commission staff
have begun to examine, _inter alia,_ the problems raised, in
regard to intra-Community trade in electricity, by the
German system of indirect aid in respect of coal used in
electricity generating stations. They also commenced
inquiries in five Member countries (Belgium, Germany,
Spain, France, United Kingdom) intended to determine
whether the terms and conditions of the contracts

concluded by the coal mining and electricity industries
are, _inter alia,_ acceptable having regard to Articles 85
and 86 of the EEC Treaty.

182. On completion of this work, the Commission
will decide in 1989 on the overall approach to be
adopted. The measures which the Commission is to
propose with a view to removing the obstacles to cross
frontier purchases of electricity, as foreshadowed in its
communication on a Community regime for
procurement in the excluded sectors: water, energy,
transport and telecommunications (COM(88) 376 final,
11 October 1988, p. 97, paragraph 408) will be included
in this general picture.

_External relations_

183. Pursuant to Council Decision 74/393/EEC

establishing a consultation procedure for cooperation
agreements between Member States and third countries,
the Commission sent Greece a reasoned opinion on the
ground of its failure to comply with the abovementioned
obligations before negotiating a cooperation agreement.

184. In another connection, the Commission decided
in 1988 to send a reasoned opinion to France on account
of the obstacles placed in the way of imports of
fertilizers from Hungary.

_Development cooperation policy_

185. In this sphere, the Commission's monitoring of
the application of Community law is essentially designed
to ensure observance by the Member States of various
protocols concluded in the context of the Lome
Convention and of the Community acts arising from
certain international agreements relating to products.

186. Furthermore, in the context of EEC/OCT
relations, the French authorities sent the Commission on
22 January 1988 an affirmative answer indicating that
the law in New Caledonia and French Polynesia is being
amended in order to ensure respect for the principle of
freedom of establishment for persons as regards the
pursuit of five occupations in the field of health care.

30. 12. 89 Official Journal of the European Communities No C 330/29

```
o

```

```
«

1

<N

~

CM

vO

sO

">

•*

^

«

O

sO

Os

vO

sO
CM

ft

CM

2

sO

```

s

p

```
-4
CM

2

S

CM

```

a

- * •

s

```
CM

IN

CM

```

s

```
vO

sO
CM

CM

```

s

```
•+

2

£

sO

IN

NO

Os

vO
sO

sO

```

```
1

1

1

1

1

1

1

1

IN

1

1

1

1

1

1

1

2

CM

PH

```

1

```
CM

m

"4

CM

C

```

_2_

```
Os

">

o

```

```
-*
oo

£

ft

Os

CM

Tj"

```

s

Pi

```
8

```

a
D

```
IN

sO

IN

```

s

```
• > * •

CM

•<*
O

r-N

CM

CM

IN

Os

sO

CM

•<*
```

s

```
IN

IN

Os
sO

```

s

```
vO

S

Os

CM

£

sD

 O

```

```
CM

CM

• *

sO

1

CM

OO

O

^

sO

sO

CM

OO

Os

```

s

```
sO

5

ft

S

• « 
o

IN

,->

```

```
oo

```

rt

```
CM

Os

O

CM

oo

2

```

2

```
NO

```

£

- 

```
sO

```

£

£

```
sO

O

CM

t-J

```

«

```
• * •

```

1

```
•«•

CM

«

CM

^1

Os

m

sO

rv

• *

```

s

```
• *

CM

sO

CM

sO

```

```
O

00

CO

• *

-<«
<N

oo

I N

Os

O

sO

CTs

CM

S

CM

```

s

```
N0

sO

O N

S O

Os

CM

Os

E

sO

OS

H H

```

```

CO

```

s

Pi

```
CM

PJ

```

```
IN

```

```
£

```

```
1

1

1

1

1

```

s

s

1

1

1

s

i

1

1

1

```
CM

```

```
•«*
```

```
"i
```

```
«>

```

(4

S

a

4

- 45

60

a
1

```
0

U

-g

```

_o_

_0_

```
'2

0

-o

o

```

_o_

_t_

```
,0

"o

J3

```

```
S

1

1

```

```
Os

```

```
|

1

1

1

```

i

1

```
CM

```

s

```
CM

```

```
ft

```

```
CO

CM

Os

IN

• < < •

• < * •

<N

-*
£

IN

IN

2

00

2

*

```

s

```
sO

O

(N

vD

sO

vO

CM

Q

```

```
• *

```

```
O

• « •

«N

1

1

("1

<N

• * - •

```

s

```
IN

<N

CM

'

sO

K

IN

sO

o

ON

sO

sO

sO

00

```

1

```
W

```

```
I N

```

```
00

```

```
2

sO

CM

S

sO

sO

```

s

£

```
IN

<N

Ox
CM

03

```

_No 2_

Number of letters of formal notice, 1985 to 1988, classified by sector

?

n

#### I

n

o
1
c
3

1985

1986

1987

1988

-4- ^

^

b^%
P%%

B%%
g%

Customs union

and indirect

taxation

Internal market

and industrial

affairs

Employment,
social affairs

and education

Transport Agriculture Environment,

consumer

protection and
nuclear safety

Other sectors Total

_No 3_

Number of reasoned opinions, 1985 to 1988, classified by sector

```
1985

1986

1987

1988

```

Customs union

andindirect

taxation

!

n

o
3
I

?

n

Transport Agriculture

Environment,

consumer

protection and
nuclear safety

Internal market

and industrial

affairs

employment,
socialaffairs

and education

m <N

Other sectors Total

1985

1986

1987

1988

Customs union

and indirect

taxation

Internal market

and industrial

affairs

_No 4_

n
Number of references to the Court of Justice, 1985 to 1988, classified by sector

###### I

n

o
3
3

c

3

Employment,
social affairs

and education

Transport Agriculture Environment,

consumer

protection and
nuclear safety

Other sectors Total

\D

30. 12. 89 Official Journal of the European Communities No C 330/33

s

«

N O

O N

N O

O

I V

O N

O N

CM

«

0

c

"rt

E
J

CM

O N

ON

NO

CM

CM

NO

ON

ON

«

NO

NO

N O

0 0

ON

 - 

s

 - 

o

c

"el

s

O N

I V

CM

CM

CM

oo

rv

CM

I V

- 4

O

s

N O

c g
'S
' a o

_-a_

c o

c2

NO

2

CM

«

CM

- 

NO

CM

CM

ON

o

NO

o

o

c

NO

ON

NO

 - «1

o

«

.

- *

5!

ON

tv

NO

c g
'S
"S.
o

-o

c o

PS

- 

- 

«

2

NO

<*"

CM

rv

ON

£

NO

I V

NO

0

c

6

ON

 - 

CM

R

«

CM

 - 

«

NO

CM

CM

CM

C

g
'2
'a,
o
-o c o

c2

CM

CM

CM

NO

CM

_*>_

rv

5

NO

ON

ON

I V

a g
'c
'a.

o

-a

c o

c2

ON

NO

CM

«

 - 

2

NO

^

CM

CM

3

3
O

U

_-g_

o

c

I V

CM

CM

 - 

O

I V

3

"o

tJ
3 O

U

o

c

p§

CM

CM

«

NO

«

CM

I V

3

3
O

U

-g

o

c

fv

">

S

2

ON

o

c o
'S
"B.
o

-a

c o

o

2

- *

<N

N O

3

t;

3 O

U

o

c

o

CM

CM

NO

ON

NO

«

~

2

- * •

CM

I V

s

CM

^

~

o

c
i

o

ON

rv

rv

8

o

~

ON

CM

c o
'S
' a o

-a

c o

N O

CM

rv

rM

«

I V

N O

N O

«

CM

ON

«

s

O

C
13
S

5

ON

-J

oo

«

.

CM

ON

3

e
3 0

U

_C

O

_a_

ON

CM

CM

 - 

£

<N

«

I V

ON

ON

2

CM

s

U

0

c

£

""o

ON

2

~

«s

 - < * 

N O

«

 - 

NO

c o
'5
'a,
o

-a

c o

»2

CM

I V

«

NO

ON

s

s

ON

«

I V

I V

-*

m

O

C

|

- J

ON

I V

ON

ON

«

NO

CM

CM

2

«

I V

ON

c g
'S
'E.
o

-o

c o

rv

CM

O

 - 

2

ON

CM

I V

3

"o

3
O

U

-C

o

a

 - 

CM

^

CM

3

- — >

"o

tJ
3 0

U

_g

o

c

c2

2

CM

NO

^

CM

s

CM

CM

3

- —>

"o

t!

3
0

U

_o_

_c_

I

w

- o _

.a

=1

I^°l

suonmnsui |BOUBUI.J

3DIAJ3§ jBSaq

swSpng

ASiaug

| O J l U O D J B I O U B U I j J

saugijsijj

uorjDajojd
jauinsuoo
pUB JU3UIUOJIAU3

suonsanb

aAHEJlSIUIUIpV

lU3Uld0J3A3Q

uodsuBJj^

sjmjrouSv

SJIBJJE

[BOOS DUB
luaiuXoiduig

uomwduio^

SJIBJJB [BUisnpui _yg_

ja^JJBUl [BUJ3JUJ

AOIJOd JBIDUBUIJ

puB Diuiouoog

Xoijod |BIDJ31UUI03

UOUBXBJ joajipui
uomn suioisrQ

suonsanb

[BonsnBi§

No C 330/34 Official Journal of the European Communities 30. 12. 89

1 ON

I S

 

<N

.

ON

^

«

-<*

JQ

o

is.

R

 - < * 

a

c

0

bo

H

NO

N O CM

<s|

    

 - *•

- ~ 

NO

- 2

1 8 R.

C .5 rt

S •£•£

3 <U _V_

rt 0 O

g Q. D.

O O O
2 2 2

ON

o

N O

 

«

O N

<N

.

is.

oo

c

is

"3

bo

b

g a a

NO o o o

2 2 ON 2

s

NO O I s rs

 

      

2 

rt

-a o -a

tS fry
^ S o .

3 U U

rt O O

^ w w

o o o

2 2 2

ON

o

N O +

CM

N O

£ 2 ~

0 0

£ —

^ K r S

rs m

2 " *

    

-a

-O O -rt

iS frl

C -5 rt
s ^ >
2 a. a.
rt o 0

o o o

2 2 2

ON

1 rt O 0

<N NO rs

<N - * - H

 - >*• _~_

 - +

K e.

<N

2 S 

- * NO is.

-a

rt

-O O -ri

tS fry
^ 8 &
g.s 82 _££>_

3 « SJ

rt 0 g

E w w

o o o

2 2 2

ON

ON

NO

 

 

2

 -  

C

 -  

N O

-*

N O

I s

c

"3

CUD
Si

CVI

Is

N O - * <N

<N _~*_

 - - 

«

 

s s s

- - 

s ^

(N

K - 8

« «

_-a O -n_

tS fry

§.s fr

2 a. a
rt o o

^ w «
2 2 2 o o o

IS.

ON

'X

 - *

 

 

CS

NO

NO

o

«

NO

c

3

be

NO

S S I

« * «

      - o

.

 - ^

ON „

NO

- - 

K ^ 2

O rr>

T3

« fr^

"§ i l

C .5 rt

 - «»

f S

 

s

ON

 

 - «»

.

CN|

IS.

C
O

_~3_
be

ON

NO

f S ^H

 

«

NO ^ O

s "

o -+

  - «

    

^ H I S ON

- 2

  - „

-o

- O 0 -rt

w fr-y

- = 8 &

C .5 rt

2 OH a

rt O O

- a

60

.a

I

IWOJL

jBiojqn§

suonmnsui pspucuij

30IAJ3§ JE83T

swipng

XSjaug

[OJJUOO JTOUEUIJ

S3U31JSIJ

uonoaacud jauunsuoo

pUB 1U3UIUOJTAU3

suonsanb

3AIJB«SIUIUipV

!U3Uldo]3A3Q

uodsuBJjL

3jm|nou8v

SJIBJJE [BIDOS
puu luauiAOfduig

uonnaduio^

pujsnpui 79
WipEUI [BIU31UJ

ADI[od (TOU13UIJ
pur DIU10UOD3

Xotjod pjpjatuuicQ

uontxBi wajipui
uoiun suioisrQ

suonsanb (EDnsiras

ON

O ON IS

 - « (N

 

3 2 ~

- 

 - «*

- 

£ ^ °

    

O N C ^

-a

** o S

o o o
2 2 2

ON

o

CN|

  - < * •

o,

 

CN

ON

-*• NO

~

(N

C

g

_"3_

bo

H

o

CNJ

  -  

-<f

N O

(N

N O

oo

is.

N O

CM

( N

s

rt
3 be

 -  

-*

- 

ON

— vO

  

ON

O N

<N

, S

C

o

bO

b

^ « «

o o o

2 2 2

ON

30. 12. 89 Official Journal of the European Communities No C 330/35

No 7

Number of infringement proceedings initiated since 1982 classified by legal basis and stage of proceedings

Reasoned
opinion

Reference to

Court of Justice

41

1

^

J-eMafansssssssm

n

28
26

Judgment

"^s#

7

ii^nssml

______smsssmmnnnnnl

12

J4

1982 1983 1984 1985 1986 1987 1988

No C 330/36 Official Journal of the European Communities 30. 12. 89

. rv. .

K - «

. ir> 1

S —

. . .

. „ 

- - |

3 2 

^ ~ .

vO . .

. . .

f > .

. .

 - | C

m ^ r .

S^~

zoo*

«

. . 1

O CM 1

. . |

PI- I

^ r

. | |

. <N 1

2 - 1

< » . |

O . .

sO . 1

. . |

.

3 —

^ 1 

- 1 

. . .

rv vo .

V O K - H

—

.

. .

- K 

s t 

N O \ v O

. . .

^ 1 1 <"> vO 1

3 = «

a —

«
| |

«
| |

2 - 1

o . .

- ««

. . .

. . .

K . .

. . .

. CM 1
. 1

m . |

. 1

- - 

_*_ | .

2 —

2 —

. | 

_\^^_

 - - 

Q

««1

CI^ . 1

. . rx

. . o

—

2 —

™ |

. . |

. . |

. . |

.

. . |

. .,

. . 1

s

1

1

1j

£<2

lb
Irs1

! ! § •

(5

z s^

E c

I?!

Z

'8 zg-f

i5

z is^
e [ c ]

£*

z

. . .

. . .

" |

8 1 1 £ 2 

1 1 1 2 - 1

rt 1 1 _ . _

1 1 1 .

. "^ 1 . .

2 S 

CO,,

"*- 1

 - - ^

S 2 

. . .

>o | |

. l-s. .

RS*

o . .

. . .

- 1 1 vC, .

1 1 1 . . .

1 1 1 "•

^ 1 1 .

"• 1 1

. | 

as«

l~v . .

OO | |

. 1 1

a —

sa°°

—

—

ss^

zou

P H P < P 4

  

1 1 1 . | 

_*_ 1 1 . . _

s 1 1 ( > K M

. . 1
. 1

00 K O .

S 2 

zoo [5 ]

(JL,p4p4

H-1

s 1 1 . . .

- 1 1

I \ \D 1

" 1 1 C |

. 1 1 . . 1

1 1 1 . . 1

«
| | .

1 1 1 3 - 1

1 1 1 „ . 1

1 1 1 r^ . .

1 1 1 2 " I

1 o . .

. | |

S o,

.

z 2 8

(5

*!1

E c

£oi

1 _z,_

Z o o

S D..C

E c

III

sis

1
1 [1 ]

1 1 1 . . .

1 1 1 s = ->

Ov CTN .

<J\ . sO

. . .

„..

S2~

o . .

-, 

. . .

. . .

£ 2 

. . .

1 1 1 1 1 I

. —

. . .

1 1 . . .

. . .

~ 1 1

S 1 1 £ ~ 

1 . .

zou

U H P 4 P 4

w [i<

£ O u

CL,

1 1 1 . . .

. 1 1

1 1 in . I

. vO .

H-l

II II
ou [1 ]

Od tti

o

O

y

c

- g

O

F

tin

7"
P-.

£ O U

Q

H-l

30. 12. 89 Official Journal of the European Communities No C 330/37

«

«

c

3

cr

.!>

"2

"e

-a

_<_

tN

Q

h4
2;

«
P

1

1

1

1

1

1

1

1

1

1

1

£

1

£

1

1

00

1

l

l

l

1

l

1

c

c
_I'i_
a [ rt ]

-+

 - < * 

«

o,

rt

(^

- *

-<r

.

PH

^

«

«

<N

fN

C

sO

-*

 - *

~

\ 0

«

«

vO

vO

~

(S

«

«N

H J

PQ

_oi_
_O_

c

c

c o
U

( i,

P

bo
-a

3
«

_o_

§ a.
_o

 

«

^

«

CM

«

PQ

C

 

 

 

 

~

 

 

c

 

(N

Q

_t_

"o
o

~

fS

~

~

«

-*

~

„

(N

a

~

N

<N

<N

 

w

.3

s

tJ
s o
U

C*

S
_£_

C
£
60
-T3

3

'1

e

o
O

c

S

3

3
O
U

.e

o

c2

 - ii

j

o

_Pi_
_o_

_~o_
a.

"d
'o
c

C

-a
_a_
OS

"e

o
c o

w

UH

c
_o

a
E
o
o
-a

c

rt

"o
a.
0
a
o

e

c/5

H-l

"

_O_

S .

C

c

!'e
i§
1 8

s w

No C 330/38 Official Journal of the European Communities 30. 12. 89

_a_
a

E
1

-s

c

E
_to_

c
,o
'1
E

0
U

-C

c

E

60

-a

o
<J

-§
o

c
8

Eg
1*

c

   
1

   
1
1
1
1
1
1
1

i 

   
1
1
1
1
1

   
1
I

   
1
1
1
1

   
£

1
1

   
1

PP

-a
c

C
O

a.

a

<N

.

vO

«

sD

O

t v

<N

- O

C

~

e

0

t>

o

a.

1

3
C
3

«

«

T«

(N

o

~

.

<N

o

CM

«

~

~

«

P i

«N

«

(N

<N

«

«

~

_„_

H<

Q

fN

^

«

fS

~

<N

rvj

P*
O

«

1-J

<N

^

£

J

o,

p^
a

rsl

<N

C

Q

3

_<_

rt

.

(N

<N

2

<N

~

«

03

O

a

c

C

H 4

^

~

~

~

~

u-.

C

- I

CM

c

«N

«N

«

(N

«

~

-+

<N

\ 0

rM

rv

vO

«

T3

C

s

<s

«

 

rsl

Q

~

~

i-J

«

«

«

2:

P i [^ ] 2

<N

_\4_

~

 

~

^

 

«

Q

o
_I_

_>_
o

a

o

§ o
E

_B_
_o_
_-a_

6
c o
1

Reference to the Court

Judgment for the Commission

Judgment for the Member State

Sector

Statistics

Fisheries

Customs union

Financial institutions

External relations

Indirect taxation

Member

State

B

I

G R

F

I

U K

IRL

N L

B

D K

E

F

I

L

U K

G R

D

B

D

F

I

I R L

N L

F

B

D

D K

F

U K

I

IRL

N L

G R

1981

1

1

1

2

1986

1

1

1985

1

1

2

1

1

1

1

1

2

1

2

2

2

3

1

1987

1

1

1

1

1

1

2

6

1

1982

1

1

1

1

1

1

1

1

1

1983

2

1

4

1984

1

1

1

1

1

1

1

1

1

1

2

1

1

1986

1

1

1

1

4

1988

1

1

1

1

1

1

1

1

1

3

1

1

2

1

1981 1982

1

1

1

1983

1

1

1

1

1

1

1

1986

1

1987

1

1

1988

1

1

r°

1
g

!
i

O

1984

1

1

1

2

1985

1

1

1

2

1982 1983 1984 1985

1

1

1987

1

3

1

1

1988

1

1

1

2

2

3

1

1981

1

Reference to the Court

Judgment for the Commission

Judgment for the Member State

Sector

Employment, education

and social affairs

Member

State

B

D

DK

F

UK

I

L

GR

IRL

NL

1981

1

1

1

1

1985

1

1

1986

1

1

1986

2

1

?

n

## I

n
#### I o

1988

2

2

1

1

2

1

1

1987

1

1

1

1987

1

1984

1

2

1981 1982

1

1

1

1983

1

1984 1985

2

1

1

1

1988

2

1981 1982 1983

1

1984 1985 1986 1987 1988

1982

1

1

1

1983

2

1

3

30. 12. 89 Official Journal of the European Communities No C 330/41

£ - § 1 1
a § 2 a

                                                    - a.5                                                     

c Q > [a y ]

I -£

1

be

3

s o

u

.5 ^

.5P—.
o -* >

. 5 60 >T>
.§•§11

£ *.>

"Q en 3 C CI rt P4 w

u u u u u

£> 2

< _<_

_J*_

 - 60 c
O C <U - 
c H <3

g s _$•*_

^ e
j u u o
H Q - 5 U

3

-o

.2 •^

D.00

-O O

3 <

No C 330/42 Official Journal of the European Communities 30. 12. 89

-CI

bo
3
O

12
o
o

_V_ _u_

60,_,

o c$?
U .o vo

                          - u o

_< <_

6

-o
c

o

_C

O

J *

3

_a

c

o

U S

o
"n

60

_c_

3
CT

IV!

C

g
">

o
O,

_a_

o

a —
x o
c j y

- Khry

'> W w -o

£ S

60 0
3 6

 
<J

00 2, 60

_* o

^ -C

" » «

c
£"S
"13 OH
3 D.
_<y_ g

«

hi
o

e

H

u
w
w

o

u u u u u u u o u
Q
o

_z_

Q I

_h_ _<<_

30. 12. 89 Official Journal of the European Communities No C 330/43

_S_ - ^ "° -5

6 x o j

"3 c is -C
cr.g o [ rt] .2

**c**

in -g

« J2

'0 .=3 <^ [ rt ]

.3 c

bD C

j j « .3 °

O
C

bD

a

e

3
^1

-C rt

. g § o

_c

U c rt

S M S
M E ^ 3
._  

"" cr "

rt

O -O

c 2

S .2

c E .o

a,

c°^

bc-Q
e x

« "e3

c

T3 E

bo
bD-O

c

T3 E

bo
bD-O

- -1 I &

3

c E (5 c -q .o ft <2 52 *t

"S a [f t] S o

S o
5 °-S

O "3 £

.y -«=
^ ^

_c o

o

"^ _2£ *_ «> - 

<-> 4J rt w <U

be D,

rt 3 •§ ^ § «N' &

^ § c 3

ts -a S

bO rt "2 .2 is
.3 £ bD c«

6
-o

3 [ 3]   

<L> c

_o

O

 - " X

-S c3

§"S

cq E

**c**

.y -«=
^ ^ - -1 I

c E (5 c -q .o ft <2

"S a [f t] S

_c TS o bD " ^ - 2 2 E5.2 c

60 r § u rt « S [o] _</i_ [ .2 ]

_c TS o bD " ^ - 2 2 E5.2 c

60 r u rt « S _</i_

- 3 c
Si

rt

bc-a

— « i_ 3 [ J3 ] oo

PQ C
3 &-S < J3£

-a

c

a

o

bo
_c

0
PQ

g ^ E.S

"5 o

g ^

E S 2

bD O g

c S -o o
1:1 l [u ]

'2 <^ - m c "a

^ E l ^

ti '3 >>^

g JJ,3 <

J3

a ? 3
g § 2 ° -Q - -c 3
U a

- -c O 2

u u u u u

t 3

b

^

u

No C 330/44 Official Journal of the European Communities 30. 12. 89

J? "^

8 "5

s 1

6 _Ji_

bO B*
c .5 ^~
- c °°

c «-> ^

- "" u °
£3^

bo
C ^-v
' C «">

C -v

- - so
_c ^

£ ^<

c
o

- 5 b £

5PO 

[( 1 H . S U](http://1h.SU)

bo

W)
c
R
o
o

o

£

ri fc.

6

_o_
U

OS

« £

-^ >-2
6

O
O.

c

a 6 _ O Ti"
O oo

X N

^

-*

1

-o

Is

PQ

c
o

fv

_<_

rt
n

<3 -S
U

_c

Sb P*

c

_V_ _<u_
y -o O c

_c

- h

ns

rt

"o5

X
0
f*

H _o_ _°<_ ° <:

-a

3

a-o

X

o

<

< rt

o

o

H 

c o

g

O

c U

w

-a
c
<-5 o

o

bn
C
"5b

o

<£

bo

c

c

_c

£

'5

-o

3

w

.>

=3

O
U

o

rt

O

e
o

bo

«

D.

c o
-o

bo

c >s

-o

o

_D

c

>^
6

0
s

-c 3

P^3 a

bo
' C c,-. «*>

c ^

J= ^

£ ^

c
o

D.
3

O

_C

o

t !

3

-O

c
3
O

P-i a

a 3

O

o

c o

"E
-T3

<

_a._
o

"3

J C

c o

'6

_•n_

_<_

- S o H

2 «

in 6

u u u u u u u u u

30. 12. 89 Official Journal of the European Communities No C 330/45

u

PH CQ PH PQ

rt u u j j
» "" tS -°

ON rt
,§U

c
o

-a

c

e

H

H

c
o

-o

c

e

H H

<u s

3 

o u o
a > £<

S w (= H rt

rt m 2

= ! * « *i W) O
3 < [w £ ] [o j= ]

   - L = S o =
H * "3 3
PH rt ID ' c <->
3 ^ 00 rt d g <-> u

60 Os ; j ~
C ^ rt 3

- - ^ £ JS ^ •£ O >. .3
-a *-•

O

6 [ 3 ]

H >H 55

60 _Q 4) <-> 3 _Q rt
C rt P - 

60 _Q
C

rj

on B,

c

'5bg

en

o =

X 3
3 .0

B.S

H

a _
.... o " IS

'60
a, a 13 vS

-o

c
-a 3

 
w

O

u

OJ -O u -O O
in c U c <-)
O t l ' w U

_Q rt i—, _cs_ «3

5^ \ ^

sO J O

_<<<_

o

a
o

2 I [s]        
C oo

PQ w

_£_
0

b

3
T )

_*

6

c

' 3

-a
-a
_<_

rt 60

a,

3 -a

PL, c

-o
0

a.
S?

s

«£

c

00

 

c

CO

u

a.

60

c
_X_
_U->_

§ 1
60 C

3 . T 3

O

O

T3
CI C

C 60

H 3

Pi J3

J=!
H

O

a,

u u u u u u u u u

No C 330/46 Official Journal of the European Communities 30. 12. 89

c I

60

c -^
~ o

i 2 M j

a _a_ «u _a_
.2 "2 ""' [ rt ]

^

W c c O

.2-3

3nl ° "S

U _u_ M
« 5
-a "°

O, u rt

"6

J3

r C
H rt T3
IS 0
s 1 a,

u o

T3

.3 °-s

0

a,

_c

.S &
o o
£? ^

C ' 3

c

p

_a_

o

IS

_d

c

o

u

-o

8 - ^ 0
L c °
<U J5 0
6 _X_ _c_
<*Q "as

b

.s-s o

0

_c_

"as

b

o

3 OJ

^ 0

- 5 ^ a

_<n_ g u

-o

_'~5_

'<r> _o ^

f* ~
g<

c b
o £

o"

_<_

« 2

o
a.

_D

H

U U u u

rt c
w rt ^ _Q
M

a 3
3 [ w ]

E S
o o
- [4] e

c
° o

a w

X 3
W T3

s
C

3

C

0

3
P
e
U 0 - J

u u
o
Q
O

2

Q
w
H

B
o

-O w

c c

 - e

« o

w

U

O

30. 12. 89 Official Journal of the European Communities No C 330/47

vO O . i

iu

60 

.5 a
3 i

U N 3

H.2

bo

c

- 3

o
0

a1 c
60

c

c

C T3

o-s

60 "O
.S c

-o o

u "

a E
o

g§ -C w

d [3] ^

S

O

_t_
'>

_C
'I So

_'-3_

2 § CL i>
^ _ C

>£"S b =

&b
c
^

o

o

a.
a 1
60

^3 b

P -Q

5! T3

c §
U 60

o ^

o 6

C ^ ^

6 rt

I ° .2 | [60 o ]

,c o

ft O rt

- ~ 3

*-• rt *3 *-•

£ PQ

1 i - S 60
,H rt

o o

ON

<

l \

o

<N

s

rt
u

rt

-o

 

^j

<<

O

fr -*

i \

OS

<

e

o
U

- —i

3

O
-*

o^

N O

_<_

_V_ [J

6 c
S c

=-3 O

iu H

60

<u rt

-a
'x
o
-3
6

3
'3

U u u u u u u o u u

No C 330/48 Official Journal of the European Communities 30. 12. 89

£ - ^ c -"' _c -S

3

.9 ='*

UH

3
_B_
c o

J * * f c

5. 5 - .-) o

      - £ c 6

PS -C

c

U PH

_B_ 3

c

a <u

-S 2

.2 2

a [--] [ _rt ]

6JD 2

 - [1 w] M
*s o . S .
O 3
8* [ c] s

4> _C

*_°

_c_ o

to)~cS

3 -C

6 !
to
I* -o •

3 <

rt -a o -5 _&_

^ 'a. ~°

- g b o S u

** c o c -S

-C rt 3

_a_ ex

- S o

Q §

Q

a.
i

u u u u u u u u

30. 12. 89 Official Journal of the European Communities No C 330/49

II

<u 00

c u

                                                                                                                     - ft .S

-Sj 2

"S g
-S E

s .o

2 C

a 2

2 . S S2
e u 2
3 " " «

CX-O .S

s o o

.1 "^ -S

^ " "i

T3 

I s §

^ w u

«s

c

1 - 2

-S *> 2

60

- C c,-^ i n

c >^

£ ^>

60
C

c

_c

UH

o ~tf « _c c_

_a_

rt C « u
ex « «e o
<o g g c

  - G c "

O O 8 **

J3 m

§e P [ E ]

a . t j
^ §

c I 2

£ "o
u u

 - 3
O C
6 0 ' 3

2 - 60 [E ]
-o

3

60
C

B « « G
t o rt °

B S
o u - *• _a_
.S -o

3 «>

« 2
co w op. H O

- 5 M y fi
2 G </) [ u ]

^ y >
- 8'fc °

ri o cu O

O — c
1 1 ' " *5

2 2

-* ° 'S 3

"T3 C
O

C G-S
x G 3

g £

C
«" _<->_ o
c
G 2 g
"^ s

G-2

*o i

w Q

S u

a- W)

^

c
3
G G

o
U

C c
-C °
IS t>

G a
o a
u o
-o

60 rt ^ oo

bo
C

tU

o

N

O                                       - H

U u u u u u

u

w

a

N o C 330/50 Official Journal of the European Communities 30. 12. 89

o W '

P S g U £ .
P '* u o u

« b0_O OH U

n . ~ <u _c "* £ ^ **>** p C S K O rt,. c . C W fN

_f{_ _-zi_ P 3 «. c u E £«+. o c ^ o so

_f{_ _-zi_ P 3 u E o

bO
P,-*

- -" o

-c o

S <:

Pi o

rt ftyo <U

c -S -o
° 5
-5 °

-Q P 'C

3 [ s] ° '3

5 3 3

-5 6 is E

g o E

=3 -S po -c w

'ti P C C

3 S ^ - 2 ^

- 5 O .3 U o

R

P

c o

p

a
E

3

O
U

bO
C

-o

60
e ^
C ^

c v.
— o
^ £

bo

p

u

^ o

c ">
fj«

'C ^

P v.
— fS
JC °

bO

c

-o

bO
C

C

_c

rM <

p

6 o u

°

c
3
o u

rt
C
c
<!

_p _u_ <*H .5 _p C

in f, V u '3 ^
o w t a* o
^ P-l 3 -O JJ £

„r u o c JS
bo « <-> o 3
;3 « _C _">_ rt c
8-1J [1] !

60

p

00

"C °°

.5 "^

<u _c "* £ ^ **>** p C S K O rt,. c .

OO

c

u I

p ""*•
_B<_
U 1
00
p '
£ ~ £ "" "> ^
-3 "^ In

<u . "*"

s \ s

p

OH
Id
o
U

p
_3

0

v£>

vO

_<_

-o

00
p

-o

bo
C ^-v

- c °g

— p V© \

Ja ~

-o
0
o 60

 - j3

e o
-a

p
o

_-o_

_o_

Mi <! (J U -O .3

i— CM

_<<_ _< <_

o o

bO

3

-a

0

a,

o

OH

_P bo

3 O

j D

C

_o_

_<<<_

C <

-a
o o
bo

ti
o

OH
6

_oi_

_P

bO

"<« S

O 2
— 3

w o

00
P

Pi « <

.2

C

-3

~2
"3

 
p

C/5 [S ]

o §>

p
o -o

oj O
O, ^
3

O S

ii U U

O H O H

C ° °

o C
"S & °

6 -g _C_
< -3 3

 - is-a

3 rt
_3 «
-a "^

w "3

 - J3 _o

"3 

^ p
JS .3

c
'1

s

rt u

_o

o

o

p
W

'3 <-g

SJ «
bO
oS
3 _t_
.2 53

N r3

 - c s
2 ^
-5 "5 5 rt
< °

o
-^ 3

 

S-3

C rt

E a

 - 3 u

.2 P

P
'1

G
O

b

"73

3 a*

bo

 -a
p

'5
p..

u u u u u u u u u u u u

30. 12. 89 Official Journal of the European Communities No C 330/51

bo

e

-a

bO
C

. H

bO
m bfi
II
rt

<U O

<-> U

bo

c

_-o_

bo

e

-o

"» 2 _c_ 8
3 u s; ^
P2 & _c -a

60
C

-o

bo
' a [c] So _^_

— c \ <N

_£5 ^

£<L

o

3 o

bo

c

-a

bo
c

c

-C

_u>_

c

-o

bo

>£ oo
.S ^

bO bo
C c

< <

.o E

o

Q

c
_o_

1
6 6 o

_0_

_Q

O

S

bO

c
lid

hn

rt

rt

C O

rt C

E

3
O

O

C

- -1

rr

_~_ 52

"2 S"

rt ^ C

C rt
in O <-> ^
u « OT ir>

j ' e ij s
5 5 oo
6 S ™
_>^_ _°_ _12._ _*t>_

3
-o
o

rt fci O

c

-0

E se

-5 c o

o j?

3

I *>

J3 

c -o

W a.

3 -s H a.

be

_a_

_-a_

bo
C ^

_o_
a.
S

e-3

o o

o .5

'3 rt
6 C
5 u

W O

U U U u u u u u u u u

NETHERLANDS

17. 9. 1987 Case 291/84 Protection of groundwater (A 71/83) Fresh infringement proceedings
(A 532/88)

13. 10. 1987 Case 236/85 Wild birds (A 125/84) Fresh infringement proceedings
(A 60/89)

UNITED KINGDOM

21. 6. 1988 Case 416/85 Zero rating The judgment will be complied with when the

new Finance Act for 1989 is adopted
(A 203/81)

30. 12. 89 Official Journal of the European Communities No C 330/53

_No 11_

Review of significant judgments of national courts of final instance

In the fifth report, the Commission informed Parliament that it
had carried out an in-depth study of the attitude of national
supreme courts to Community law and that the study would be
published.

The Commission has decided, in the interests of keeping
Parliament fully informed, to publish the study as an appendix
to the present report.

The approach adopted by Member States' supreme courts to the
problems posed by conflicts between Community law and
national law and the application by those courts of three basic
principles of Community law (its primacy over subsequent
national law, the direct effect of directives and the uniformity of
judicial decisions) are analysed country by country with an indication of how the situation has changed over time.

The conclusion drawn is that supreme courts are adopting
non-conformist positions less and less frequently and are collaborating effectively in the implementation of Community law.

The influence of the case law of the Court of Justice is making
itself increasingly felt. In its judgment in Case 283/81
CILFIT ('), the Court gave a definitive interpretation of the
third paragraph of Article 177: a court or tribunal against whose
decisions there is no judicial remedy under national law is
required, where a question of Community law is raised before
it, to comply with its obligation to bring the matter before the
Court of Justice, unless it has established that:

— the question raised is irrelevant;

the Community provision in question has already been interpreted by the Court;

— the correct application of Community law is so obvious as to
leave no scope for any reasonable doubt; the existence of
such a possibility must be assessed in the light of the specific
characteristics of Community law, the particular difficulties
to which its interpretation gives rise and the risk of divergences in judicial decisions within the Community.

As far as 1988 is concerned, the Commission finds that the
comments made in the fifth report still hold true.

Generally speaking, the courts and tribunals of the various
Member States apply Community law in full. They themselves
give judgment on questions of Community law which have
already been settled, where these arise, and they are increasingly
referring matters to the Court of Justice for a preliminary ruling
pursuant to Article 177 of the EEC Treaty. This is true on the
whole as much of the lower courts as of courts of final instance.

As in 1987, the Commission has carried out a review of the
judgments of courts of final instance which highlight the
problems that remain.

In fact, with the limited resources at its disposal the Commission
has unearthed only three cases worthy of mention, and these
concern the Italian Consiglio di Stato and the French Conseil
d'Etat (see below). The three judgments in question are
particularly significant inasmuch as (a) no reference was made
to the Court of Justice and (b) the two courts misinterpreted
Community law.

In line with the suggestion made at point 4 of Parliament's
resolution on the fifth report, the Commission is studying the
possibility of introducing a system whereby it would be sent
annual digests of all judgments delivered by national supreme

courts.

In view of the complexity of the undertaking and the organizational difficulties involved, the Commission is in favour of
conducting a pilot experiment with the help of one or two
Member States in order to gain the necessary experience before
extending the system to all twelve.

As regards, more particularly, cases in which national courts fail
to appreciate the scope and terms of Article 177, the
Commission has initiated infringement proceedings against
France in connection with the judgment of the Cour de
Cassation referred to at A.l. on page 44 of the fifth report.

As already indicated in the course of the discussions on the
latter, the Commission hesitates, given the universal principle of
the independence of the judiciary, to find fault with a Member
State on grounds of the conduct of one of its courts.

Thus, the number of references made rose from 144 in 1987 to
179 in 1988. For 1988, they may be broken down by Member
State and by court as follows ( [2] ):

Member State

Germany

Belgium

Denmark

Spain

France

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal
United Kingdom

Total

34 (32)

32 (15)

4 ( 5)

1 ( 1)
37 (36)

- ( 1 7 )

- ( 2)
28 ( 5)

2 ( 3)

25 (19)

- ( - )

16 ( 9)

References by
courts of final

instance

8 (10)

1 ( 3)

2 ( 2)

— (—)

4 ( 3)

— (—)
— (—)
— (—)

2 ( 3)

16 (14)

— (—)

2 ( 1)

(») 1982 ECR 3415. ( [2] ) The figures in brackets relate to 1987.

N o C 330/54 Official Journal of the European Communities 30. 12. 89

In the case in point, the Commission took the view that, having
made a mistake in prosecuting a firm for a crime which it had
not in fact committed, the French authorities were not justified,
under Community law, in relying on the judgment delivered in
their favour, this being based on the same manifest error of
application of Community law.

The proceedings are currently at the reasoned opinion stage.

_1._ _Italian Consiglio di Stato. Sixth Chamber,_ — _Judgment of 2_
_December 1988,_ — _Cooperativa Carrettieri la Rinascita_

This judgment is noteworthy both for the unjustified
omission to make a reference to the Court of Justice and for

the misapplication of Community law.

The Consiglio di Stato had to rule on an appeal lodged by
three Italian companies against a judgment of the Latium
regional administrative court dismissing an action brought by
the companies against a Ministry of Transport circular
revoking all the measures taken pursuant to Law No
815/1980 on aid for the purchase of vehicles by road haulage

operators.

The purpose of the circular was to implement the
Commission decision of 20 July 1983 declaring the aid
incompatible with Article 92 (1) of the Treaty. Since the
repeal of the law to which the Commission objected called
for the adoption of a new law, the Italian Government had
therefore temporarily discharged its Community obligations
by means of an administrative provision permanently freezing
all awards of the aid in question.

The Consiglio di Stato reversed the lower court's decision
and declared the circular void on the ground that, as long as
Law No 815/1980 was in force, the Italian authorities could
not lawfully revoke the measures implementing it. According
to the Consiglio di Stato, such revocation should have
followed, and not preceded, the repeal of the 1980 law, the
only measure capable of implementing correctly the
Commission decision of 20 July 1983.

The Consiglio di Stato thus dismissed, without valid reason,
the Italian Government's argument that the conflict which
that court had to settle was not between the Italian law and

the Commission's Article 93 (2) decision, but between that
law and Article 92 (1) of the Treaty itself.

That argument was, moreover, entirely in keeping with the
well-established case law of the Court of Justice on the

subject (Case 77/72 _Capolongo)._

As regards the legal effects of the Commission decision, the
Consiglio di Stato stated that:

— '. . . decisions, which — unlike regulations — do not have
general application, have the same binding force as

directives, which are addressed to States, do not have
general application, are not specific and are not,
therefore, as such directly applicable (in the Member
States).'

Moreover,

—'. . . decisions of the Community institutions are . . .
concrete and selective measures which, although binding
on the State to which they are addressed as regards the
obligations they impose, cannot be directly applicable in
the national legal order as they do not contain provisions
having general application.'

These statements stand in sharp contrast with a long line
of rulings by the Court of Justice on the legal effects of
decisions.

The position is, therefore, that the Consigliothat the
Consiglio di Stato omitted to make a reference to the Court
of Justice for a preliminary ruling despite the fact that all the
parties to the action had advanced arguments based on
Community law and despite its being expressly requested by
the Italian Government to refer to the Court a question on
the interpretation of Article 92 of the Treaty. In addition, it
misinterpreted the Court's pronouncements on the
Community rules on State aids and proved incapable of
resolving correctly, along the lines set out both by the Court
of Justice and by the Italian Constitutional Court in its
landmark judgment in Case 170/1984 _Granital,_ conflicts
between domestic and Community law. As in its Judgment
No 504 of 6 May 1980 concerning the effects of a directive
in the domestic legal order, the Consiglio di Stato persists in
refusing to recognize the direct effect of the acts of the
Community institutions in national law.

2. _French Conseil d'Eteat — Judgment of 27 April 1988 — 9th_
_and 10th sub-sections sitting together_ — _63.772_ — _Societe_
_Bernard Carant_

In this case, the Conseil d'Etat not only omitted to make a
reference to the Court of Justice but also adopted an unorthodox position with regard to the relationship between
Community law and subsequent national law.

The plaintiff company had sought the annulment of an
Order of 31 August 1984 suspending for one year the manufacture, exportation, importation and placing on the market
of india rubbers which by their shape, presentation and smell
were suggestive of foodstuffs and which could easily be
ingested.

A question of Community law having been expressly raised,
the Conseil d'Etat asserted that 'the plaintiff company cannot
validly claim that the contested Order infringes Articles 30
and 34 of the Treaty of Rome when it was issued under the
abovementioned law of 21 July 1983, which was adopted
after the said Treaty entered into force.'

The ignorance of the principle of the primacy of Community
law (in this case the Treaty itself, no less) is manifest.

30. 12. 89 Official Journal of the European Communities No C 330/55

_3._ _French_ _Cornell d'Etat_ — _Judgment_ _of_ _2_ _March 1988_ — _Asso-_
_ciation Club de_ _chasse_ _du Vert Galant_ — _Req. Nos 25275,_
_25276_ _and_ _57837_

This judgment highlights another strong point of the Conseil
d'Etat as regards the exercise of its judicial function, namely
the refusal to recognize what is known as the direct effect of
directives.

The dispute between the plaintiff association and the tax
authorities was over the question whether the association's
operating costs, which were covered mostly by flat-rate
contributions from huntsmen, constituted income subject to
VAT.

Under national law the answer to this question was in the
affirmative, but the plaintiff association maintained that
imposition of the tax infringed the Sixth Council VAT
Directive of 17 May 1977. The Conseil d'Etat, omitting once
more to make a reference to the Court, asserted that,
pursuant to Article 189 of the EEC Treaty, the national
authorities were alone competent to decide on the appropriate means of enabling directives to take effect in domestic
law. Thus, in its view, whatever they contain in the way of
provisions addressed to the Member States, directives cannot
be relied upon by nationals of those States in support of a
claim in fields such as taxation. It found that, during the tax
period in question, the measures needed to enable the Sixth
Directive to take effect in domestic French law had not yet
been taken: that being so, the directive had no bearing on the
legislative provisions applicable in the present case.

No C 330/56 Official Journal of the European Communities 30. 12. 89

JNJNTj-^-r^ (N (N -4

I I

- t ! ( • 1H rt rt t \ f ^ M I N r t f l r t N K K v O O O O O f l s N N X Os in <-i (J\ ^

<H ^ rg f<^ r^ (^ m

1

I

I I m -<*- pi \o ^j- \0 (N

— OO <<1 •«*- <N <J\ ON rt K I H

m .—i m rs| —i i n

fN C-> <N m

K * K \0 > 0 ( ^ 0 — CM .—i .—i fN —

I I

                                              - | | « | [m rO] c\| I .-H

0 - - I ^ " ^O | \ r-1 US .—

I CM ^ H CM CM i n ^ i— _*_ _T—_ » i n <H o (N fN ^ - i n I | ( N ( N N I i ^

CM CM <— _'_ _*—_                                  - .- [1] f> ^ - r \ - < i - m r \ m o s | CM *—i CM l >-i *—>
m •*• \ 0 CM us CM CM I I

v O K r t •+ - t ^ O — | | | | | |

I I _<~_ I <N I vO _~_

T j - c M \ o o i n i n O N 7—1

                                                                                - t m K ^ O ' t O K

cM m m m oo ^ -«*- CMCM

M m m t n t ^ m oo m CM ^H CM CM

rt^f i r i v O K o o ^ - m K M CM m - j - m \ 0 l \ oo cM m -4- us so N oo ( S r ^ ' t m \ O K oo CM f> -*l- m \ 0 l \ oo
OOOOOOOOOOOO OOOOOOOO OOCXJOOOOOOOOOO OO OO OO OO OO OO OO o o o o o o o o o o o o o o o o o o o o o o o o o o o o
O N O N O N O N O N O N 0 \ 0 \ 0 \ G\ ( M > ff> O^ Ov 0> 0> 0> ( M > ( M > Os ^ O M > Os O M > O s J s ON O ON ON CT^ ON ON

_o_

s

II A

We^

II

H - ) w We^

s 5
o
U

30. 12. 89 Official Journal of the European Communities No C 330/57

<t CO H o ^ t«i oous (S (N ^ <J\ N \fl N m m O «N CO <n CO <N (N d I II I 1 — us I .-< O O,-c I| |«N^*'-< | i f l c ^ s O ^ rt 1I I 1 N O M O O r t rti*icrifn 1 vO | O \0 —, rg rg ->1- 00 ^-< \0

2

CH

g

HJ

_h_

3

g

s

n.

w

§

Q

m

u

u

u

u

u

u

u

u

u

u

u

u

u

N "4" oo \0 us m -4" M < M N ( N rt i r i r t N i n « X H O H ^—,— | 1 1 1 |<NfN(""> O C O ^ N m o ^ — m m 1 .-i 1 1
tN (S —< tvl r\| m N O \D -4" m 00 \0 ^ * _, _ I I I I I «-< m \0 us <-< | | |

< N | | ^ « N ^ H 1 1 ^ I I I 1 (S 1 ^ JN 1

'-' | 1 OO OO | 1 ^ 1 1 I (N N 0\ I I I

1 ^ 1 1 • * >0 + H i n r H f l ' t + t 1 1 1 1 1 THr-1 l l l l l M M ' - 1 1 1 1 « r t « m 1 M N - t VOIS 1

1 N r t M r t 1 H T - i < N ' r t < N « N - ^ - - H | 1 1 r n | I | l l l l l l l l l l 1 « 1 C M N ' + N l l l l l l l

I (N <—i I (N IN (N « r t H i f l ( N « M 1 | 1 1 1 ^ 1 l l l l l 1 ~* 1 1 1 1 1 1 1 (Nif>rt l l l l l l l

i i - i r - r i r i i i i i i i i i i i i i i i i i i i M I N I - I I I I - I I

rt I H TH t i \0 M ^ m O \D CO Q\ us us 1 1 1 H ^ - r t r t l l l l l l l l l l 1 I | 1 r^ v O f l 1 1 1 M 1 1 1

11 m T|- c ^ - + - t N o o o c s f N o K o o ~ <N r\l m <N r<s --< 1 1I I 1 I H t I H 1 -H 1 1 | | l l l l I I 1 1 . ^ 1 1 I I M « ^ - <s m^ ^ ^ vo in ll ll ll ll ll ll l l

1 | rt I t ^ r t r t I T J - ^ T J - ^ H I ^ H J 1 I 1 « 1 H l l l l l l l l l l 1 1 1 rtlD«IN 1 1 « - + + 1

r H r t r f I 1 - H r H (N vfi r n m i n \ 0 \ 0 1 1 M 1 1 r 4 l l l l l l l l l l - 1 1 1 1 l > (N 1 rH rH 1 1 1 1

1 I [ T _ l] 1 ^ ^ 1 «CO(NK ^ « r H 1 1 1 1 1 ^ (N 1 I (N rt 1 l l l l l l l l l m n N | | | r t | | |

I 1 IH 1 1 rtM (NO\0^'+a>K « N - < r t N 1 H l l l l l l l l l l | M N ' + r t K ^ 1 1 —' 1 1 1 1
I I I I H j ' n O ' t ^ l N * 1 l l l l l l l l l l 1 « us W TM | | l l l l

l^^csi'—irO'^--^-i N(>rtto | rtrt | | | M | H l l l l l l l l l l | M tn | fnN 1,-, w m r* -«*- (N

N N r H | 1 rtrt+ M f f v O O K O t O _^,_ _-r-i_ _TI_ _y~i_ _•^t_ _ri_ | 1 | | | | H l l l l l l ll ll ll ll l l ll ll ll ll ll — ^1 (S ^M (S| ^ r<s O <n «-< m 1 | H | 1 | 1 1 l l l l l

| H r t ^ o t ' * -3- hv us o o us -*• M M i o N m l l l l l ' " ' I I I '  - ' | | | I N m ^ <N | — I N \o K > - I N

N I-" N < ^ - t K oo K O M O O r t « \ 0 « N | r < < n ^ N I * [- 1] ! 1 1 1 1 1 1 1 -4" i—' | r"S -<#- \ 0 \D ' — ' I 1 1 1 1 1
H t f i M N N r t l S 1 1 I I I l l l l l 1               - * ~H «n l l l l l l

M I H 1, _ c\| CN | <— <N | | | | -"*- -4" |        - t r t

| |<N'-i o r x o^ < - i r s | 1 | N | | |I 1 ~H I m o *fsius r- II II I I

| 1 1 | rtHH ^< -<*- <N -<J- <N| <N <N l l l l l l ^ l l l l l l l l l l | 1 I « N M « H 1 M « tn (N | |

| N N | | 1 N « N + N N M ( * 1 l l l l ' ~ < l < N l l l l l 1 1 1 1 ^ 1 <-H 1 T-I ^H -<J- m l l l l l l l

1 H 1 | K + K T | - N | K O - t O O | | | | ( N ^ f n M M " m | >1 | | | | M r-lvO V O ^ | | ^ H r t M t H

>H \o N ^ - t <n-t K K - H i n o o v O | | | N | m r H l l l l l l l l l l « w H i<i NO ^ m 1 ' " ' " ^ 1 1 1 1

m >—i m us oo <N oo <N rn m oo rn - * - ^ | | | | <N ^H m | | | | | ^ * CN us »-i - * | | | >—i m <n m | | » — I N N | |

rn m \0 in oo M co t ^ M | (N | oo-t 1 ^ | | [ rt] ^ | l l l l l i | —« « .-i rtrt | | \ * \o l l l l l l l

Nfn + in^oKoo (s m -t m \o K co <N m - * m ^ON M N <n - + m \D cN-sj-inr^oo N m -4- us \0 N oo M tn ri-m <o K co
CO CO CO CO CO CO <j\ (J\ ff\ 0 \ <j\ <J\ 0 [-] X - O G\ 0 \ G\ ? \ G\ 0\ CO OO O0 CO OO CO CO (J\ G\ 0 \ 0 \ CO CO CO CO CO CO CO O 0 \ (7\ 0 \ < J V O C T ^ C J N CO CO CO CO 00 G\ 0 \ G\ (J\ 0 \ CO CO CO CO CO G\ 0 \ g \ G\ 0"\ 0 \ G\ 00 CO CO CO CO CO CO G\ G\ CJ\ C%\ 00 3 \ G\ (J\ CO CO CO CO CO X

No C 330/58 Official Journal of the European Communities 30. 12. 89

t -4- -4

m in fv os -4- vo f t

— .-i IN IN IS

f t - " O N ^ - O N vO
<—i IN - i »— _<_ IS IS IS

m f t i t f t o ^ so

i t OO .-H oo r t Iv. T(T-I IS IN f t i t IN •*•

f t _i-i_ IS •*• IN >—i *—i
m in o o os ^- — _i_

T>- Os sO OO vO • * IS

|x, os Os sO IS oo N. _^_ *—i <— _i_ ^ H r t IN

O i t sO IS f t _•—<_ IN
f t IS IS IN IS IS IN

Os -4- -4- O -4- - i (v
m os y- o m oo o

O f t IN sO <-i r t \0
r " M r n N >H r\| N

Os Os sO m N ^*- i—i
f t is r t m in \o N

m o o >—i i t so oo

N U M t - * M t 

\ O K N v O i t N i t

5SS

IS Os T(- IS r t Os IS

N OS r t "4" r t sO m

IS m rf - "*" oo IS sO

I H W rt N i t i t I t

I t I t I t * 1H rH Tj- i f l » SO N IH \D rt

o N rt rt rt m s

rt rt rN r t r t rt IN

IN -4- -4- 00 i n oo Os
IN IN •rt IN f t IN - <*•

N i t •+ i t vO K OO
00 OO OO OO OO 00 oo
Os Os Os Os OS Os Os

!

1
### 1
# II

§

1

PL,

eu

I H rt d \0 rt •+ ^ 1 CN i t .-i ^- f t ^- 0\ US 0\ (N o\ rs o\ o\ "4- OO
H r t H C l H | ^S ^—1 ^ 1 ^ - fT,

m ^ H f ^ O s ^ - o o O s < N ^ - | 1 1 1 1 1 1 1 is «n in i t ^ r t \D

I I I 1 ^ 1 *-< vO <t

1 ^* »-" I I I (N -<f oo

1 N r n r t t S 1 1 M M I | (N 1 | 1 1 T-H 1 CN 1 f t f t

i i - " i — i i i i i i i i i i i - i i I ' 

l l r i i i 1 1 1 1 1 1 1 1 1 1 I I M M [N ]

- - i - - i - | - | i i i i i i i i i i i - | 

1 1 H X N r t I I " [- 1] ! I 1 TH in M M f f ) 1 H H N 1 H N

^ - | " I | | | | 1 1 1 1 1 1 1 °°S =

^ (N tH - <)• 1 1 1 M i l ^ 1 1 -H 1 M 1 rt 1 rt W U 1 >H

CN | C M * | | c n | | | | | | | | | | | | | ~ N - ~

0\ ^ l m is ^ 1 M i l 1 I H 1 1 1 1 1 r i 1 I N v o x i n

H N r t m 1 1 1 l l l l I l l l l l - * o o m n s m o o o

1 i H O l f l 1 H 1H 1 | < N ) >-i 1 I t " I N H H 1 rtNci\i

CN 1 1 ft | IN | I I ] ] I I I I M 1 1 1 — <t -«- - *•

^ H f N 4 < N | 0 O ' - - | ^ H 1 r J 1 j,-| 1 _<,_< <-l 1 j m > — l l — i C N f t T t "

- t i n j \ o ^ 1 in N 1 M I l l l l l (S m .-< r t \o \o o

1 1 CN 1 I H < H r t vD \0

1 1 [ N] I I I 2^^°

r r i i i i i i i i i ^ i i i I I i — * 
_ I- M i l I l l l l l || l^-^z

1 r H r t N i t rH 1 I | 1 1 rtr<«« 1 rt ' " ' I 1 I t I t f t I t

rtMlfl 1 H N l f l l l l l I l l l l l - | 1 ^ ' • ' • ^

1 1 t H r t 1 1 1 1 w >rH 1 1 _ ^, 1 1 1 ^H 1 rsl 1 Ct Ct

| | N N | | | I I,, I I I, ] ! | | | - ^

N i t •+ m vO N oo f N r t - ^ - i n f t -4" i t \0 N oo fs| i t •<(• i t vO N oo
oooooooooooooo oooooooo oooooooooooo oooooooooooooo
ffv ( M > O^ OM> ff> J v O ^ ^ O > J\ 5^ ffv ^ 0^ 5^ CT> O^ O^ ^ CT> f> ff>

g

- a

b

3

g

8

U H

w

g

Q

m

§

PL,

§

§

PL,

o

8

PL,

2

PH

o

8

PL,

PL,

o

8

PL,

8

o

8

PL,

30. 12. 89 Official Journal of the European Communities N o C 330/59

_ANNEX_ _A_

Infringements of the Treaties and of Regulations

_Contents_

Page

External relations 62

Economic and monetary policy 62

Internal market and industrial affairs 62

Competition 69

Employment, social affairs and education 69

Agriculture 70

Transport 74

Development 75

Administrative questions 75

Environment 76

Fisheries 76

Budgetary questions 78

Customs union 78

Indirect taxation 80

_Legal basis_

The indication of the legal basis provided here is derived from the document number in the Celex data
base, which is itself derived from the act's own original number; it is made up as follows:

— one figure identifying the documentary sector (e.g. 1 = Treaties establishing the Communities, etc.),

— two figures identifying the reference year (year of publication, signature, etc.),

— one or two letters identifying the legal form (e.g. E (in sector 1) = EEC Treaty),

— a serial number representing the number given to the document on publication or the article number.

Example: 3 80 R 2144

Sector 3: secondary legislation

Year of publication

Regulation

Regulation No 2144/80

No C 330/60 Official Journal of the European Communities 30. 12. 89

Sector

1

2

3

4

5

Fo [™ ]

A

B

E

F

H

K

R

G

A

B

C

D

L

R

X

Y

A

D

X

Y

PC

AP

IP

AC

IC

CC

BP

TREATIES ESTABLISHING THE COMMUNITIES;
AMENDING AND ACCESSION TREATIES

Euratom Treaty

Accession Treaties for Denmark, Ireland, Norway and the United Kingdom

EEC Treaty

Merger Treaty

Treaty amending certain budgetary provisions

Accession Treaty for Greece

ECSC Treaty

Treaty amending certain financial provisions

Treaty amending certain provisions of the statute of the EIB

Greenland Treaty

LAW RESULTING FROM COMMUNITY EXTERNAL RELATIONS

Agreements with non-member countries

SECONDARY LEGISLATION

Budget

Censure

Decisions (except ECSC Decisions of general scope)

EEC and Euratom Directives

ECSC recomendations

EEC and Euratom Regulations

ECSC Decisions of general scope

Other acts (resolutions, opinions, etc.), published in OJ 'L' series (or old
single series)

Other acts published in OJ 'C series

COMPLEMENTARY LEGISLATION

Intra-Community Agreements

Decisions (of the representatives of the Governments of the Member State)

Other acts published in OJ 'L' series (or old single series)

Other acts published in OJ 'C series

PREPARATORY DOCUMENTS

Commission proposals

EP Opinions (consultation)

EP Opinions (own-initiative)

ESC Opinions (consultation)

ESC Opinions (own-initiative)

Opinions of the Court of Auditors

Acts preparatory to the budget

30. 12. 89 Official Journal of the European Communities No C 330/61

Sector

6

9

Form

B

C

J

O

s

T

v

X

E

H

O

P

CASE-LAW OF THE COURT OF JUSTICE

Observations

Opinions of the Advocate-General

Judgments

Orders

Attachment orders

Third party proceedings

Opinions of the Court of Justice

Other acts

PARLIAMENTARY QUESTIONS

Written questions

Questions arising during Question Time

Oral questions

Petitions

_Note:_ Sectors planned:

7 — National implementing measures.
8 — National case-law.

10 — Academic writing.

No C 330/62 Official Journal of the European Communities 30. 12. 89

E

2 » 2

c —< «
8 o « e

PS, .2, w

-o
"5

« -a
.1 3
<« _o

- > «

P- E

2 °°

c -< «
£, u _v_ E

P4

a, pe.

P-, u

bo

_G C_

o •

c -ja

- s c
.a '5b

1 s

_is_ 2

U

M) °
rt C

3 rt

E
3

O

_u_

_c_

_N

O

3

O

c o

_o
_o

1J
x 2

C

- c *

 - o

- ^ O H
PQ .5*

J2

c

-o

*o

2

c

o

o

-* «

3 to

"2 [ G ]

~"S

U *j3 <« 60

3
0< [3 U ]

_c_

m

c

^4*

- 3

C g

M-H <u

a

«Si

.2-£ *?

x o - 

W QHOH

o O O «

w w w w

3

w-5 u

c*

w <

c o

c 0
a,
.E

c
0

c
.2

u

1

"Ho

Q

O O

O H

_Iti_

ctf

rt

P6.

PS,

o o

w

_X_

o

O H

30. 12. 89 Official Journal of the European Communities No C 330/63

y oo

c

S

3 P4 [3 U ] _Pi_ [3 U ]

IS "3

ON
i ^

O t)

3 U

Ex>
2 c

"S _C

O C

c 6
o.S*
"J3 3

"C *>

$ S

«
.a <»

^ 3
Si °
O rt

tJ.S
o „

S "rt

O O o a

w

c
tt

V

-a

c

<* peS _t*_ [.3 U ]

iS-H 8

H c* [3 U ]

3
-o
o

6
3
JSP

_<_ _<_

pf* [3(J ]

O

22

3

C

of

-o

t;

o
a,
e

3
-a
o

13 c

b

- 2 8 is
c3 <3 5

.§ 3 "j*

3 <U

_Pi_ _Pi_

6 o
-o

60
C

.2 2

.tj -3
t-J a. - § [ 2 ]

c
O

PJ pa PJ PJ PJ PJ PJ PJ PJ PJ PJ

13

 - c
J

.9

ij

No C 330/64 Official Journal of the European Communities 30. 12. 89

tj
3
O
U

P C

J 3 U 3

o

o

'So ">

n
o

a

-C

o

8
o

J3

c

"o

2
o
a
.6

a

c c c c c
o _ o o 2 .2
_'.£_ is !s is !s
Q, b Cl. CL, D,
o o o o o

-o -o -o -o -o
4> 3> flj QJ 4^

c c c c c

o o o o o
_Pi_ _Pi_ _Pi_

« "o

S3

c

o

o

3

a

'5b
Ji o

a.

o

c

3
-a
o

_c_

_to_

c
a
ni
b

tj
3
O
U

<£ '3

3 U

-*

p

o

60

_c_

3

_D

_-a_

0 <s

a

1

*5
_±!

S

c

c 2

a,

0 c
a. X

rt S

_o

o

c
-S

rt

3
O
U

vO C

o j) a
'§ r «< _-a_

3 U 3

-o

c

S3

3
-o 0

rt

3

fi

cS

O

c

 
'So

o-S
_u_ °

a p

a

3

«

PH a P* 5,

tf PL,

 - * CM

w

_u_
-O

H
S

t!
3
O
U

_Pi_ [3 U ]

o C

« o
6 cl

3 C

.5 -o

c* 6

a 3

so

m

w

- 3

.a

a

s « R

{ * Pi -o E

rt

a
Q c I o _o_

 

'5

_n_

o
!*
_N

w

w

w W W W w w « w w w w

o o

w w

30. 12. 89 Official Journal of the European Communities No C 330/65

c
0

rt
_r/_ _Pi_ [3<J ] PS{

'C c
a. u

5
I S

a, .S

e

3

PQ

O

u

<u
^

o

c

i+i

c

o
S
S. o

-o

c o
rt

c

o
'S
' a
o

_-a_

_c o_
_<t_

_c_

o

c
'a. 0

- o

c o
rt

c

o

c

a
o

-o

a
o
a!

C
O

C

a
o

-o

0 c
rt

00

<N

u

- 3

rt _<t_ rt a! rt i+i - 3 c3

P4 pci ( * C* C* c* [3 U ] _Pi_ [3] U

3

o
U

c

V 3 u

Q

6.a

5^ E

0

- 0

a

 - 0

_a_

p 3
6

a

W>
c a

34

_<u_ _%_

a^
.§ e

C)X)

c

- - ! * !

c _%_

^ o
jf.fr

u -c

PQ

6 o
-o

c
2

0
0

a,
rt

3 '53

rt

w

13

- c I

.a

a

rt

3
-0
0

a.

to
c

c

Si

Q

3

J3

- c S

'" o

_Pi_ o

c o
o **

c S

o
o
PQ

'5b E _c

- 5 _Pi_

O PQ ^ PQ

W W

o o
w w W W W w w

£ O

0 0 0
W W W W

(N o o \D
W W W W m rt ^ o
l\ K t^ l\
m m i/> K

W W W W W

No C 330/66 Official Journal of the European Communities 30. 12. 89

c
o

c

a
o

-o

u
c
0

rt

oS
JB

-a
c o

rt

w

c
o

c

a
o

_~a_

V
c o

rt _oi_

fc

G O
PQ

W W

c
0

'2

a
o

-o

c
0

c
0

'c

a
o

-o

w
c
0

60
C

o

l-i-l

G

3

^ PQ

_(*_

c o

a.

c 2

o -o
** o

c o.
.2 "o

o J

6 o
-o

60

c
12

w

I
.9

1

a

c
0

c

a.
o

X)

a
o

_{*_

"T3 O

o :s>
£ Q

c

~a
£ <,

rt f 1

«-» 60

- *- S

-a J>

60
_C_

a
60

a
E [ rt ]
§ e

PQ

W

Q12

O

w

O O

w w

o S

1 1

*"" 60

C rt
O Q

C rt

PQ o

w

c

o c

G

Ml

C

H o PQ U

c
o

c

a
o

-o

V
c o

_C

a

of

2 B

o a

G

o o
rt u o ^

H -3

-o

t-5

"8 b

^ I
o

<* 8

w

J> t g 60
J 3 "3

2, HS 6

W W

30. 12. 89 Official Journal of the European Communities No C 330/67

_(*_ _Pi_ _Pi_ H H _oi_ _pi_

_-a_

_a_

^2 ex ex

a c3 X

o

60
C

£

'2

3
e 6

o

_a_
"o

t;
0

a. _B_

o

-o

O

^

"5 3

« o

rt

_c

o

0

C

1
'3 **a** ",

-o

3
rt U

*3

C

e
g

2

a,

_B_

c
'e
o

.5 rt

E °

6

3

S [ c ]

3 a

_Pi_

c o

O 00

° S>
«•§

o a

cx«

.5 60

U [. S ]
w 6

C 3
°"K.
0 0
e
oo rt

p ^ _'-B_

_B\_

O 6

_j£_

_ Q

_l_

«

c o

o [I ]

O

_O_ O O

a

o

60

c
52 6
3
Jjc

w w w w w w w w w w w w w

S

HI?

No C 330/68 Official Journal of the European Communities 30. 12. 89

tt 3
O
U

_a_ b

t!

3
O
U vO

_a_ «

C rt
o

£

w

w

tt 3
0
U

u C o c <u c
<D <D C C

t3 g 3 "^

-o

c

W 60

O 3
J2 °

w

e 3
O
U

a 2

_•+_ _c_

U 4) 6

S 60

c a
3 -C

P4 s

o

w

is. K

tt 3
O
U

tt 3
O

u

^ 2 oo
K J

tt 3
O
U

oo _c_

- 3 w 60

3 U 3

- - « 60

C* 3 U 3 £ .3 U

o

-o

o

         - 2

S § 8 I

rt ^ | u " § ri [.3] [ U ]

3
O

_-o_

3
60

oti

O

«* .tJ

^ ff!

3

O O

3 U 3 P4

o

0

e
_to_ </>
C O
6 [ C ]

c -9
O 3

_r,_ I
3 |

w

o o

SO T-H

1 3

I
.9

1

a
1
315

tt 3
O
U

c ON c

PS •—>WH->

3
T3

2

o

o

O

c

_B_

_1_

_<4_

a

C rt
6

J5

3 fX
(T

-r>

 - N c

u

S 5

-o
e
rt
c u

E _c b

w w

'3 c

cr

   - n

U

fc

2

*"o

U

<?v
<yv

 - t

c
rt

w

a
'5b

C rt
o »

o

o o
w w
rs K

o o
W W
1^ rv

_e_
o -o

e-o

u c
.3 rt 3 u,

ST B C" o
frfc
^3 3
rt <«
.8-8

w

pa

c 3
o 60

c s

o 3 u

- c o

CJ

rt

S'3

O 60

- S3

5

P-. a.

c

c

fr

C
. 0

_*7_

_o_

vO
<S

o

w

w

30. 12. 89 Official Journal of the European Communities No C 330/69

3
O
U

a b

_a_

R

t—

6 [ c ]

.K PQ

c o
_o_ [g ]

c o

Pi'?

3
o
U

"-JJ 'i5 rt

Pi [: U ] Pi

c

'E

?! <•£ Si «
pi Pi [3<J ]

r^
o

u

S rt
3u

3
O
U

U

c
s

3

<N
(M

,,
_rt_
U

c

6
W1

3

Pi

E
o

o 60

c

V

o

3

rt

rs
1
-o

_M_
b

3
g>

o

rt

4J [ -] 3

Pi [3 U ] Pi

_£_

_c_

-o
c o
P i

E

0

a

"rt

rt

C

l

"EH

t o a.

o

a. _X_

_o_

_3,_

1

c

X
"o
a.
0
c o
6

e

3

"o

a.

c

E

3^

-6"
<

6
o

u
o

c
_a_

_>_
"So

o

"rt

-J vC

<u rt
Pi tt

c o

c

a

E

o
"a
E

c
_Z_ S

c o o
-5 <*

3

c

U _•a_

_o*_ _a_

3 U 3

bio

c
rt

_C_

. 0 a

a,-a

.S -fi

60
IS

- It .s 
E'S

- c =»

2 C
Q §

"^

O

rt

rt

s

60 rt

c e

1

C
3

6

E

3

c

E
"o

c
w

Q _<H_

60
C

3
O

E

o
c

"o

a.

c

U

Pi Pi

"o
o.
o
c o
6

3
-o

0

a

E
3

"o

CH

o o o o o o

E S

3 3
JJO JJO

m m

pa

pa

w

2 Pi w

<*>

a

"a a
a-3
tu pa

 - «J- vO

pa pi
r^.

N. 00
t - fN
t 
pa r-v. PJ K

Pi

w

w

o o

w

Pi Pi

 - • *

vD
f >

w w

I

.9

  - 5 [s ]

w

w

a * O
_V_

No C 330/70 Official Journal of the European Communities 30. 12. 89

o
U

_a_ _™_

3 _&_ P«S [3 U ]

c
Si

V

     - * 
u w

3 U

E
to
-o

3 U 3
tf

-C

^

ti

3

O

C
1
fr O

C
1
fr

-C ^

PP O

O

60 C
C O

- c a
a.S

"3 -o
-^ 2

 - . 60
is •
« o o ~°

3*2
<« o

W

Js o

6 c
o .o
^ 'S c

C M)
rt w

_oi_ _Pi_ _Pi_ [.3] [ U ] _Pi_ rt [.3] [ U ]

w <u _M

c

 

-o
c
3

"o

o

o
f*

o

P.,
u
<

fa
o

c

c
rt

C

_o_

<u

c

-o

CJ

_B_

1

_c

_c

e
's c

c

Q 0,

6

3

78
1

_a_

*o

c
1

.2

<u 60

b ^

c c

w >

c ^

bO"rt

c
2-2

— c

_pi_ HH

S

c/5

^

s

o

60-O

c <u

- a e
'c e

~$s _a_

°o

- I 5
is

*2 o

3 l l

o

60

^

U

- f —

u c

o

S.2g
£ J2 J5

c o

c

o.

o

o

c

o

c

o

c

6
Si
'3
cr

3

O

_c

-o
£.

e

O O

_Pi_ _Pi_ _Pi_
_X_

tf
Pi rt

_&_ _Pi_

W q

w c* P4 w p4 w s

0/)

_PiS_ « o w P«! tf! »i P4 1 W o rt w

a

e g

o « >
I s e - c
8 *6 g 60

_<_

30. 12. 89 Official Journal of the European Communities No C 330/71

e
3
O
U

U

» b:

3 U
_pi_

u

jy o

-3 o
c bo
o > o
a
x
PJ

6 o
-o

bo
C

fc*

vO ^

3
O
U

rV .3 ^ tf 3 U 3

_a_
rt

2

P-. rt o

w    - -• _ _ 6 <o bo

PCS P 4 " Su"§

C .5

0* [3 U ] _f*_ [3 U ] H

N «

00 ^
_<u_ ^ «->
o -<r e

u - —. _">_ bo

e o 0,

o

o
J3 F
o

c

 
bo

c
-a

rt o

6
-i
0
bo

3

O

U

u J

3 S

6
3
JS0

«

w

- 3 o a o o o o _a_

Pi rt

w

. - -H <N

PJ

^ o
PJ Pi

N. OS

w

O <N
pa P4

OO - H
o _pi_
Pi O

00 oo

. „ ON

O <N
PJ Pi

PJ _Pi_ o

Pi! PJ _Pi_

q o
_Pi_ W

C*

PJ w

P4

No C 330/72 Official Journal of the European Communities 30. 12. 89

tJ

3
0
U

s ti

vO

CN

fS
. - C

tt 3
O
U

tt 3
O
U

« 3
O
U

e 3
O
U

tJ
3
O
O

e 3
O
U

T J

rt c
F

H

J *

s

a .

61) C

_s>_

c
o

c

a
o

TJ

c
0

PH

c
0

c
E

_c_

_

_c_
0

u

3

PH

C

1-1 C

rv
<N

«; TJ 6 _U)_

U

c c

_pi_ [.3] [ U ] _oi_ [3 U ] ps! [3 U ] PH [3 U ] £

o

3

u ^ in M

P4 3 3 u H

3

H

w

3 -*

60 O

_oi_ [3 U ]

Sffi

u -O
-C 4 J OS c

_e_

3

3
TJ

TJ

TJ

C

3 1

<U s OS

_c ^

6

3 0
0<

'o

.>

"o

TJ

o

4J

«

e
o
a
X

c

0

c

.S

TJ
C

C
O

N

c>

o

o

"o

_c_

o

"3

- a

. i ^

60 °
o S

s §

_°_

l §

O " 3

<+H C
O W)

c Sr!

- 2 8

bo C
0 o

o - n

PH N

o

3

"o

bo
15 C
o

_>_

TJ (X

C I

6 - JD

E

TJ 'o

1

bo

c as C
_o E

tJ X

J3 _o

« F
a 2
c ^

is [ c ]

3 O

O TJ
is O- _rS_ c

"o

£

3
O

a

0

c

o

3

b 5 c

"o

t;

_V_

PH

_n_ _w_ PJ cr

n "«

2 - H 4

_e_

o _o_ _z_ £ o o _o_ a o

ON

W

pa

P4 W

rC o

—' O

P^PIJ

W

O O

P i W
vO l \
sO m

w

Pi w PH

w

w
w

 - H r^

PH PH W PH

PH

£: o o

P 2 s

fN <N PH

N. O o

PH PH W

30. 12. 89 Official Journal of the European Communities No C 330/73

3
O
U

s >>

o

u

<b

_c

o

o

c

_•£_ '3

3 U Pi

c o

c
_Cu_

o

c

_Pi_

«N

ot
U Pi

-o

c

a,

_pi_ [3 U ] _Pi_ [3 U ] _Pi_ [3 U ]

_c_

v 3

o

o

s

rt

a.

e
o
U

o C

_o_

u _b_
ti o a- _X_ a. 3

o

tJ

o

b

O JS

c

o

_to_

_c_

_c_
1

fc*

-o
-o

_<_

O

_•£_ _*i_

— c rs

PQ Pi

 

E
o a X

_c

o
fi
o
ex
S

o

o

_zi_

O J3

e o  
rt

3

too

o bb [-a ] o

U rti3 u Pi! .-2

3

o

a.

—

3

3

fr
O

3
n, G
o

O O
-S tt

O

O

<8

rt

3
a,
6
o
U

o o

-S tJ

K . 6

o o o o o _o_ _o_ o

Pi o w Pi Pi ^ w w w w w UJ Pi

_Pi_ _Pi_ w Pi w _Pi_ _Pi_ w Pi P«S

3 ~«

 - C s

— r\ ^
Pi Pi Pi Pi w

No C 330/74 Official Journal of the European Communities 30. 12. 89

s
£

o u

tt

3
0
U

u

_g

o

c

5 g?

_C_ -3
1 3

60 O

.S is

"73 °
S3

f*{

a

o

a

a.
o

-o

c o

C*

- 5 8

_H_ -c

"o i

o h

-6 g

O

^

c

o

c

a
o

-o

c o

c*

o a.
W x

peS

2

C
3
O
U

<u
-C

0

c

U "o

.£ >

rt.S

O

w

w

c

o

c
0 a,

-o

e

0

C 3
o 2

- 3 C

.a a

3 '3

P3

_Pi_

c

o

c

a
o

-o

c o

3

o

rt

C 3

-o O

o -S

s

3

m

w

3"

- B a

3
-o
o

3 tJ

.a a,

C 3

rt —
s:3

c

o S

PJ

W

6

2 * ;

o

c*

_pi_ <-> w IN.

c
0

c

a.
o

_•a_

c o

_Pi_

- 2 .2

 - s

.2 6
I*"
o,o

c «
o .S

O

W

rt

3 U
c* _Pi_

_&x_

-o
o
o

3 ^

E
o
U

*o 6

e

-II

o

— a

§ e

PQ a.c/5

_O_

W

3
o'i

.< be

to
3
«
O

W

(* C*

c
0
'5
'a.
o

-a

c

0

o

a a

,3 rt

30. 12. 89 Official Journal of the European Communities No C 330/75

o
U

S m

<^

Ji'S SiP
3 U 3
ftj [3 U ] £ £

b b

c

00 ^

^ 1

_Pi_ _Pi_ _Pi_

° i

3

- £ ^

o
bi) 2

.2 [ rt ]

- c S.o c
_'A_ Q c

w

```
  C

```

`>` `b£` s `C`

```
 O
 £

```

`3` _.a_

21

o
U

_c_

`V` `[3 ]` `[U ]` H

- §•8

```
  J3

```

en

be

3

O O

```
      e

              j

         -a

```

```
t:

o

a. F

-g

```

```
.iJ

```

```
c 3
O

```

o. a 3

3
§ B
o tJ 2

6 "5

```
>

b£

```

```
O

```

```
3

```

```
c PH
o u
c <
```

CQ.5 H H

H

3
O
i
X
3
o

w

O

```
P4
PH

0
Pi
PH

UH

vD

```

```
PH

PH
\
0
{*
PH

UH
K

```

```
c

o

"3

rt

*3
oo

```

SB

e

3

_n_ _O_

```
l-v

w
K

```

G

3

```
P^
PH

0

PH

t£

O
W o

```

```
PH

PH

o
rf
PH

UH

vO

```

```
c

>

U

```

_Pi_ _Pi_

t!

w

o o Pfi5

No C 330/76 Official Journal of the European Communities 30. 12. 89

<D        - j 3

3 U Pi [3 U ] Pi

3 ON

d tJ

c

g
3

o

- o

c

0

c
0

c
'5,
o

-o

c

0

c

o

c
'S.
o

_-a_

c o

ti

3
O
U

«

- d

o

o

c
8

C

o

-o

c o

K"

OS

4) *""

e 3
O
U

«
_d

o

o

c

s

-4vO

e 3

o
U

<L>

- d

0

U

c

fv"

o

OS fN

H

c

3

M

_~o_
C

e

"rt
'u

"o

U

w

c

o

X
_B_

_$_ CU

o
O.

o

6D
C

Pi PH _Pi_ [3 U ] _Pi_

d
o

at
£
d
o

c o
'rt

 o
c
tj

-o

c

'3
a*

_c

60

<-§ a

3

CI

O

-o

c <*
2

0
a

rt

c

-o

£
c o

t,_o - H g u
« "rt
bO 2
13 3

_Ji_

u 3

-d
'I

d

rt
3
CT

-o

d

e o

_c a

"S.S

rt
«

2 o

1-i

1 c

J3 rt

c .S
o

d

o

a,

3 -a

d

^ O o iflffl «

6D O

Pi Pi Pi o O

_Ji_ rt c

3 C
si

.2 c

CO «

r^

vO

<N

o

W

Pi Pi Pi o rsl sO [o ] o o
<N

Pi Pi Pi

f">

0 tv.

O

Pi

PH

o Pi

PH

Pi

PH

0
Pi

PH

Pi

PH

O
Pi

PH

P^

PH

0
Pi
PH

PH

PH

o
_Pi_

PH

C»<
dn

0
^
PH

PH

a.
O
_Pi_

PH

U S
"J

o S

^ u;

o

W

K"»

OO
OS

< >
< )

CI

O
<N

- • >

o

.u OS o

d

_d _d

Pi

_Pi_

">

o
i ^

o

<**

00
ON

PH W

Pi Pi Pi < ) o

"1

-*

30. 12. 89 Official Journal of the European Communities No C 330/77

o
U

3
O
U

60

_C_
_'-5_

"-Si S
Pi _[P]_ [ <J ] Pi Pi [.3] [ U ] Pi _Pi_ _Pi_ [3 U ] tf

d N
.g'S §

c £? <u

g o ^ c S
.S g'g

a - S - s

'£ <u
o ^ -*
"II
h 3 u d -d u
3 C u

UH 8 "o

_&_

_^_

_pi_ pi _pi_

c c

- - .o

.2 3 o C.N L
g _^_ J=
g t7 W

e § _c

-o o

M _[*>]_ [ -C ]

  - 3 a
I I" [6 ]

UH 8 "o

c c

- - o

C N,

- SI 2

g o »

»il

6 _a -5
E [ w] ~

S t>

_O ^ JA_

IM

Pi 8 *o

_Pi_

d d

- - o

_n_

N

w I a o

G o [ OT ]

B «
B ^

M [a - d ]

 - §E

c -S

d *-"

_pi_

_^_

.2 ^

a 

_1_ _[Z ]_

it! (J

Sw

c w

2 .2

u* Pi

c c

- - o

  - 3
rt
d N
.2*3 o

p £f« S o «

I'l

- A [ u] t

o _JA_

^ u u
:=! a" [3 ]

(1H S ' O

Pi

ON Os

22

- a I 2

O

B J2
6-5

' i Ja "S

^-g-S
'£ o
w O C hj _Ji_

  - § a
§ S-g
tL. 8 "o

a
o
-a

be
d
3

_Pi_

6 o
-a
be
d

.2 3 2

o <«

" [-] a «
a "5

'§ Js -S
o-^.a

_O *_    - *
w c !3

     - § a
° U (U

PH 8 "o

O

o _~*_

B

3

bo
d
13

rs. h<. rx iv
OO OO 00 00

- V -V ^ -v.
m \o T> o
U1 ^ O N
N I'l - "A

_<<<<_

Pi

ON

ON
ON

Pi Pi

rr>

v©
ON

rv

0

O N

2
CM

rx »-<

Pi

^ osS

Pi Pi

No C 330/78 Official Journal of the European Communities 30. 12. 89

tj

3

o
U

ti

3
O
U

_a_ i°

t3
3
O
U

c

rv! [3 ]

_0_ _&_
_G_ g

.2 <o
JS "2

- §

o

c

o OT
§ c

& y
6 3

° c

3

c

e
wi

3

52 o

c

W)

h c
^ a, _Q

"
O - *

,)

U

tJ
3
0
U

w

o
c
t!

r#

o

3

_Pi_ pcS rt

C

o

(N

u P*

.5 o

rt 3 u P* [3<J ]

rt
c o

c o

U

3
T3

^ c 6
2 - 6

3 O i
ra a a

PS C O
fc.5 c

6

3

C

_B_

TJ

_n_ 3
O
U

e

V 3 U

_m_ _Pi_

 
rt

o

w

o

o

c

_X_

w

6

- o
-o Ml

c
_ui_

p

d
<->

6-2

c u

a. 3

a «->

a, ' 3

P4 <u

O £ o

IN. —1

P4P4

I-> <N

IN, r^

6 0 ^ ^

3 o 2 c

S3 -O

- -H C/5

w
o U

3 "S

Un U

IN

_Pi_

2 Is

3 bo
8 > ' [c ]

S cj o
c ° u

O

_Pi_ w

IN tN
rM ON
IN vO

_Pi Pi_

IN IN

IN.

IN •*

o o
_Pipi_ _Pi_ _Pi_ _Pi_ _Pi_ _Pi_

P4 _Pi_ _K_
<N

P^

30. 12. 89 Official Journal of the European Communities No C 330/79

c
o

c
a. 0

- o

c o

c
o
"3
'5, 0

-o

c 0

c
o
'3
' a
o

-o

_<u_
c o

c
o

_c_

a
o

-o

_V_

_c_
o

c
o

c
a. 0

-a

c o

d

o

a

a
o

-o

c o

c
o

c
a. 0

-o

_c_ _0_

_Pi_ _Pi_ _Pi_ _Pi_ _Pi_ _Pi_ _Pi_

°° £

<N c

,u u £

3 O 3 3 U _Pi_

E rt
o

3

3

E

o U

U §

s

_a_

T )

3

>s

n

3

6
o T )
_<&_

3

-o

-o

_<_

a,
H

3?

3 S
1 8

3 &
"3 "2

§>•?

c Jj
o"o
S °

tt
O

a.
E

o

-o

W)

J3

^ 3

c

p

M

e

o
ex B

bo

c

f-3
£ 8
PQ a

O o

-o

rt

y
'*

<-£

1

<u c
*£ E

3 '3 a. cr
Q

-«

E

c

Q

<U

<£

3
Q

6

o
-a 6X3
C

3
-o

c

8 «

3 3

_x

2

_P_

!s

a.
t/0

>>

B

O

^ B

Q ?

3
O

E

3

 - J

8 c

 - E

3 3

-4 u

-o

CI

_c

_z_

£ 5

- -V E

E

3
jib

«

c
i
a,
3

3

s

o
-o
bo
c
2
-a

c

Pi

 - a

3

3 p

w PJ w w w w w PJ

.„ o

W Pi

..> o

o o
W _Pi_

_.~_ o

o o o o
P4 Pi W Pi

.„ o

pa Pi o q Wo Pi q

o
s W PJ W W

No C 330/80 Official Journal of the European Communities 30. 12. 89

3
O
U

O

u -n < " bo

Pi [3 ] U Pi Pi Pi

<+5 Pi o .a ti [3 ] U Pi H Pi " '5,« 3 U

-o
o
o
bO

- ? . !

"f X

C **
ll

S [1] ©

O <-«

.Hie

c-S

- 2 g,

rt C
X ">
H -c

T3
O
O
bJO

- s.1

" f X

c w
II

a, <->
.§£

c-S

- 2 M
rt C

n)
h i

o
o

bO
H.I

"? x

11

s [1] ©

C -C
o "

- a tf

rt c
X *>
H -c

-o
o
o

bO
n.i

- *? x

c w

§ 1
O ^3

as

o [ w ]

- 3 bO
rt C
H X ' S OS -c rt

-o o o
bo

"? X

C "
ll

o «

ex u

c-S

- J3 bO
8 "s

-a
o
o

bO

- si

"f X
1 2

§ |

O ^3
g*o
O w

a- H

c -£
o [ w ]

- 3 bo

X 'S

bo

I o

rt £X

u

c o

3

-a

£

X

w

c o

3

8

X

e
o

3

&

cl
o

3

-o

S

X

c o

3
-T3

&

X
PJ

T )

c

_c

£

c
o

3

Si

X
PJ

o
-o
bo
c
a

-o

c
2

H JC H rt J

c o

3

<U

X
W

-a
c

VH o

-o
o
o

bO

- a.I

- f X

c *""
ll

c-S

- 2 M

6
o
-a
bo
c
^

-a

2

c .2

J3 _X bO

£ - £ PQ

bo

0

B

-4

w w w w w w

w w w w PJ w w W P4 PJ PJ PJ W

      - a
3 P

a

30. 12. 89 Official Journal of the European Communities No C 330/81

3
O
U

3
O
U

c

e

3
o
U

rt [.3] [ U ] f * C* f * [3 U ] C* ffj [3 U ] _Qi_ _&_ _P4_ _at_ _&_ _Pi_

U rt

.> 60
rt |1
'S.tt
-O 3

3
O
3
I §

- o 8

g ja.
O rt

a c
.E.g

c

^ »

-o
o
o

60

OS £

"*? _x_

§ |

O ^3

2*0

§ [ w ]

- 3 60
« S

6fi VH

E
o
-o
60
e
2

_u_ "73
o _o_ _o_

o
o
60

1 2
§ |
_z_ §

o *->
a- o

o [ w ]

- n 60

 - S

x •>

i I

2 f

.2 JS rt

55 c
b'£

PJ

8 ^

6 -o

s e

e-S

Q -a

a

cs 3
rt °

PJ PJ PJ w PJ PJ PJ PJ PJ PJ PJ PJ

a 8

N o C 330/82 Official Journal of the European Communities 30. 12. 89

_ANNEX_ _B_

Infringement of directives

_Contents_

Page

Statistical questions 83

Internal market and industrial affairs 83

Competition 99

Financial institutions and company law 99

Employment, social affairs and education 101

Environment, consumer protection and nuclear safety 103

Agriculture 117

Transport 135

Energy 139

Budgets 139

Customs union and indirect taxation 139

Telecommunications, information industries and innovation 145

_Explanation of entries_

78/546

(31. 12. 1980)

blank

yes

n.m.n.

n.p.i.

n.p.a.

1. 1. 1984

A/74/82

Case 171/84

Judgment 18. 3. 1980

number of directive

deadline for incorporation of directive into national law

no measures notified by 31 December 1988 although measures may in fact
have been taken/measures notified by MS currently under study/infringement proceedings decided by not yet initiated

national implementing measures notified

proceeding initiated or pursued on the grounds that no measures have
been notified

proceedings pursued on the ground that the directive has not been properly incorporated into national law

proceedings pursued on the grounds that the directive is not being properly
applied

deadline for incorporation by the particular Member State

infringement number ( /82 = year in which proceedings were initiated)

number of case on Court of Justice register

date of Court judgment

reasoned opinion

30. 12. 89 Official Journal of the European Communities No C 330/83

No C 330/84 Official Journal of the European Communities 30. 12. 89

q- q

_<_ _a_

_<_ _c_

_<_ _a_ S U ^

< d

** 4J &

<; c

"> ei. 6

- < d ^ti (j Pi

_<_ e

J2

12 o

J l

30. 12. 89 Official Journal of the European Communities No C 330/85

( ^ . ^ M (J 5 |

< c <J

o

c

"S 3

0.-0

12

o

No C 330/86 Official Journal of the European Communities 30. 12. 89

< c i-;

_<_ _a H_ O

" 2.
U
_< a_

CM g

_<_ e

< d

<

6 ~

< C . J N U

30. 12. 89 Official Journal of the European Communities No C 330/87

<; e —.

_< a_

b

.S 3

Q

H

SI J 1

No C 330/88 Official Journal of the European Communities 30. 12. 89

e 
E -a

<; c U _<_ c —

60 T:

E   
60

      - cj °

^ - _e_ - So

" ^ ^ 6 0 ^ <U ^

2 c<

- 2 ^_
e3 o

< c —

< c E -2 3 f-l U

_< a c_

< C I ^ N U IN

30. 12. 89 Official Journal of the European Communities No C 330/89

< G

<; c CJ o\

< C

a- d
< c

_5_ _*_ _[6 ]_

' ' ex 6
< G _C_

2 «
_<_ G [- ^ U ^ ]

" §£

rt •; !i » v

< G G O oo

|0 c

< c [""] [ O] [ <Q ]

£>

w E Q 2

u

E
o F

_c

No C 330/90 Official Journal of the European Communities 30. 12. 89

                            - " ( j ^

3 ii? SI

- E

< c

u

S *

Ji ° -3
S.s

s °

Q " !

"S I.

30. 12. 89 Official Journal of the European Communities No C 330/91

_<_ d ~

_<_ d

< d

c -=
E 5

< d

- 8

< d

I N C O N

< c —i

S"H.

it: c«

i—I .e

< d

' • J

< d

< d

c —

< d

_<_ d

6 c

o^ ""? bo ^ u

c —

c —

_<_ d

1'!

e g g

< c

_<_ B

_< a_ —

< d

a e

No C 330/92 Official Journal of the European Communities 30. 12. 89

         - < c —

_<_ C _r->_ _<_ C

1 vO
< e

_<_ c

2 E

u c

E <*"

< c

c -^

< c

*2 B ^

< e —.

_a_ -S

<

c -a

d 2 _<_

N Cff
_<_ _a_ —

_~ e 6_

< c t

Ha a

8 E - n

w S £

° E <g

&

30. 12. 89 Official Journal of the European Communities No C 330/93

<N d <Jv

_<_ _G_ —'

<N g <Jv

<! c —•

_<_ _a_ —

_<_ _a_ —

O d <jv

00 d —
< is

< c —.

< C —i

_*2_ I "13 r^ <^

<N g <jv

_< a_ —

< d ~

< d ~

S3 nf
3 E

U u

Q

No C 330/94 Official Journal of the European Communities 30. 12. 89

E a

_<_ _a_

oo <u

< c i2

_<_ d 2

6 6

2 5

_<_ _a_

IN gov

S si

_a_ -=

< c

< e

2 o

H 2

<^ 2^

^

.S o
_it_

3 i

30. 12. 89 Official Journal of the European Communities No C 330/95

_<_ C —

_<_ c

E S

a .y

- 3-2
£ E

0 [s] £
rv - 2

_ -o o

JjT3 Q,

"> c 5

OH 

No C 330/96 Official Journal of the European Communities 30. 12. 89

fc.

              - a 8

rf

o
6 S; ex

_a_ e

I 6

o

o o

i-J Jo c*i

30. 12. 89 Official Journal of the European Communities No C 330/97

c -=

^.                         - so

< c

E o

c -=

_<_ c

C —i

_<_ d§

J S

- f C OS
^ . - sO

s s

e -a

< c

IS 

Sis

2 ;a
O rt
S i

hst s

° P. ° p. C -T3

K :

No C 330/98 Official Journal of the European Communities 30. 12.

e s

« a.
1-3 °"

is

o I

H

5 8

H a.

"•*- o

30. 12. 89 Official Journal of the European Communities No C 330/99

_<_ c

p 1

-o 3 O CJ !^ _<_

_a_

6
c 

   - E t m ^; [N ]
_*~2_ U

ex "2
_<_ c U ^

(J JN

< e

s .s
u 8

-§ S
.y _°-_

2 °"

e <"

:a _[-a ]_
H a - g H o

13

< e

U

No C 330/100 Official Journal of the European Communities 30. 12. 89

<**» ^ L« o> oo

                                                                                         - B J i " s .
^.                                                                          - ^ ! M o
< c S U s v

c <^

_< a_ _A~_ _V_

"3 2 ft.
oo °- P
c2 ° I

S°

60™
Xd

<u

CJ

<S T t. U »

5°

o^

_°._ "§ «N r «1 o

e .s

"O to

3

<

^ 3

3 o
I [8 ]

2. §
oO'g

- §•!•§

- jl "° J2

c

a

c - ' [ -] s
o -a «

Q J 8 u

30. 12. 89 Official Journal of the European Communities No C 330/101

< c _c_

q- _6_
_< a_

c ! _O_ £! _<_ e 4-*-| ^ £

^ g

a 6

.S o r^

No C 330/102 Official Journal of the European Communities 30. 12. 89

E *"*
E "o 3 S _~_ S - o 
- < c ^,00 O S <J _a_ _>^f*6_ _O_ —

= 3

o -o

E o

w E

\ E . oo

""*"•-« 60 ^ <u ^

10 "5.. U ^ S
_<_ C

H o

<

6 •

CX "2 ^ rt
«

™ <£ q

c «2
E

W E

30. 12. 89 Official Journal of the European Communities No C 330/103

< d

d «

_<_ d

_< a_ _U_ _ui_

-S c

- S 5L-- &

&H u o -5

o R >, sp
ex —
'o —r o

e g ' g >
.2 'g —

^ *•" X

< d (J SN

5 s

S p y

< d

3 o
.& § «

No C 330/104 Official Journal of the European Communities 30. 12. 89

< _a_

5 *<?

E *"" — r- E _Z._

- E — g _-a_ ^ d
< c

< c

< c

< c

ej- 6
< c

_<_

S
_a_ ~
E-^ ^ a
° _<_

c a
& -a U 3 _<_ B

30. 12. 89 Official Journal of the European Communities No C 330/105

_™_ _cL_ _6_
_<_ d u;

< d

^ 2. q
_< a_

_<_ _a C_

< d

°" E "o ^ S3 ^
< d ^ S O < d

"t '4- d

< d

- a. 6

u

Directive Subject DK UK EL IRL NL
n

78/176

(22 2 1979)

Waste from the

titanium dioxide

industry

yes yes yes yes yes yes yes yes yes

_m_

- § c

_9_

_3_
1

3

78/319 Toxic and dangerous
(22 3 1980) wastes

A 135/79

nmn

Judgment
2 2 1982

Case

68/81

A 169/84

nmn

Judgment
14 1 1988

227/85

A 169/83

n p i
Judgment

2 12 1986

Case

239/85

A 111/87

npa

A 81/88
yes yes
npa

ro

A 286/87
yes yes yes
npa

78/659 Quality of fresh waters yes
(20 7 1980)

A 71/85
yes yes yes yes yes

npi
Judgment

12 7 1988

Case

322/86

1 1 1989
yes yes yes

yes yes yes

30. 12. 89 Official Journal of the European Communities No C 330/107

s o a

.                                                          - ^3 _A ^_

a- d
< d < c

6 2
^•,-g [3 ] (J s _< a_

< c °

C ON

B ~
.- oc^

S

<

23

<

< c a U S < c _< a_

_< 6 c_

_ 1 ^
C oo
6 
d-o ^

_U_

U

§ _"V,_

No C 330/108 Official Journal of the European Communities 30. 12. 89

2 S — 2 ^

q - ~

vO cj tH l> \

< C S

< e

< E

- ' _a._ _6_

3 ^

_^_ ^"S _•* A_ ^

< e

oo ^

< s

a.

<

s

IK

U

< B M

<

oo

_<_

Cu

C

c s

s

F [1 ]

-a

_<_ s

_<_ _a_

< e u

^

S 'eL d

< fi w

<

S

£ (J ^

.2 

30. 12. 89 Official Journal of the European Communities No C 330/109

" 'ex!
_<_ c .

""" e x ^

< d

_<_ _a_

< _6_ 2

< B Si U <N

<! e

< c S

5'^

^ e x ^
<! c —i

o 2

u.S i

p c &
CX.9 B
-S «•§

X

_<_ e < e 2

O ^

- I £

<3 ^ ^

E

o

.2 2

-II

No C 330/110 Official Journal of the European Communities 30. 12. 89

^ ' d . q

< e _C_

_<_ d

< c

E
o
U

< c

U

£
S
u

30. 12. 89 Official Journal of the European Communities No C 330/111

< d —

" "5.

< d

< d —.

^ [ 6] - _[ 6]_ _._

_<_ d H t ! .^ ~S <J CM S

< d ["*>] [ (J] [ ° ]

< d U S

<< d ~

< d —.

_<_ d

_<_ _a_

_<_ _a_ — _<_

^ 6

< d

< d i.;

_<_ d

er.

Od

No C 330/112 Official Journal of the European Communities 30. 12. 89

c Jj

< c

U j j I N

- ^u r <1 "-•

< C ^ U N

_<_ c O W

< c

< "*> (J ^

<N g £

jj *U (J "

-o c

^ ^ >

< e

^ a. 6

< e u

° 5 _tri_

_<_ C

i s

3 e
H o

5 > O O O - ^

30. 12. 89 Official Journal of the European Communities No C 330/113

< c < c —

N . _G_ _._ C O SO

_<_ c —

I 8

1 i

< c

.£T ">

_<&_

,S E £

U

_< a_ —

_<_ c — . ^ so
< c —

_< a_

_"•_ o. q

1 8

v » g g

s a g

e
o
U

u 8 S B a
'3 £ "3

No C 330/114 Official Journal of the European Communities 30. 12. 89

< a *

oo O CM

° a-ij §

^ a.

- B

< a

_<_ _a_

 - *

2 e
.2 o

2 e

- * a

< a

- a

< a

< e

- « a>$ a

< a _a u_

_<_ a U

< a

3 *

U

_a_ o

CM g (jv

_<_ a ~

< a -H

*~] a 5

< a —.

< a — _>_

o "2

< a

! 3
(J

"* '5. d

< a u

< a

a Jj

- a o

H o

< a S U

< d S

o a

30. 12. 89 Official Journal of the European Communities No C 330/115

_<_ _a_ —

° S

c —

< c

_^_ _•_ N O

U

**• ^ c - NO ON

° s £j s

° s

e s

u H o Q - 3

NoC 330/116 Official Journal of the European Communities 30. 12. 89

^ '2. 6

>^ [o ]

"I .a

o

6 £

O -s

r?

S: s 1 H o (J H

30. 12. 89 Official Journal of the European Communities No C 330/117

_< a_

*2 ^ S

_< a_ —

< C -H

< c —

< c —'                             - . ^ C O N SO <; c o

O _2

-o e

J=f* 3

°° P

^ s

No C 330/118 Official Journal of the European Communities 30. 12. 89

.2 s*

^ -5                                                                    

o 3
u

U 3

30. 12. 89 Official Journal of the European Communities No C 330/119

.5 te

u

_<&_

No C 330/120 Official Journal of the European Communities 30. 12. 89

_<_ d U

                  - 5 [ > ]
§ -s

w-. E

30. 12. 89 Official Journal of the European Communities No C 330/121

^ .2 '3                                  

P-. E

No C 330/122 Official Journal of the European Communities 30. 12. 89

g - ~

6 T3
_<_ _a_ O < c [vo <; ]

_Z_ '3- o

< C _C_

^ d q

a- 6

_<_ c

_c'%_

_-a_

_B_ 0

30. 12. 89 Official Journal of the European Communities No C 330/123

c 3

1"^

u

"55

s

- g 

 - "o u

^

No C 330/124 Official Journal of the European Communities 30. 12. 89

^o

_<_

_c_ _._ a - » s?

 - ~3 <^ r*1 3

£>

<

e
_E_
2

S

2 2
i e

c 3

6^3

U

30. 12. 89 Official Journal of the European Communities No C 330/125

c —

c —«

E -o E £ J5
< c,2,^ u S < c

Jt c

^ . "a o<,1 5

Jj I

c 2 „,
3 55 _XJ_
E. c° ™

o »> «

*c "g

I* 1 !

u

5'E

? c

No C 330/126 Official Journal of the European Communities 30. 12. 89

° 2. 6

^ 6

< c

se

c 3

30. 12. 89 Official Journal of the European Communities No C 330/127

C -^

< d

_<_ c (J S

< d

< d

-0 «+j

_a_ 3

G^l

U Ji E

_X_ i.

No C 330/128 Official Journal of the European Communities 30. 12. 89

c _a_

_<_ e CJ P! _<_ d < d < d

30. 12. 89 Official Journal of the European Communities No C 330/129

c —

c c 2

43 T3

No C 330/130 Official Journal of the European Communities 30. 12. 89

_<_ _a_

                               - 6

< e

.Etc

o 7

<_£

CJ a.

30. 12. 89 Official Journal of the European Communities No C 330/131

- a q

^ ^5

_<_ e

.5 33

c* 5

tc

y o w>

*> c c

u

No C 330/132 Official Journal of the European Communities 30. 12. 89

c -a

_<_ d

U"> £ ON
< d ~

""*
d —

_< a_ —

, ° vO

_<_ c —

^ - NO

< c —

<= —

< d

^ - NO

c ^s

< d

o

o. _B_

"3 [ 3 ]

_X_ - J3

30. 12. 89 Official Journal of the European Communities No C 330/133

c -s

- £

- E

~ E

_<_ e

< I S

 - E

.S tti

_<_ c

< I s

<N

_<_

_a_ JK £

_<_

c

e

c -=

< e

- E

_<_ c

< c

*- E

~ E

< c

c —

R S

< d

_<_ c ~

< ri2

< c

"2 - 3>

_<_ _a_ —.

~ E
< c

< C — < c -<

D

No C 330/134 Official Journal of the European Communities 30. 12. 89

c -^

< c

6 ^

< _a_ —.

"2 B ^

S <£

< _a_

_a_ —

< c

& • a

.S tJ5

^6 ^

-o -c

-c .S o
M S tj

o c

C w

^ y

30. 12. 89 Official Journal of the European Communities No C 330/135

6 ^

< c ^

< c

"2 [ e ]
t> S °

o

s°

_<_

_a_

_a_
c

S 2S
R 

- ^uS u

N ^ too' ft

_>A_ u

.E C J S

6 ~
6-2

< c

< C C O oo

u S u
-S *- 8

8*° §
J.§ ©

3 £ ho
"g 3-2
-a ° [ 3 ]

< O -C

W) o
1

o

a.

o

t5

<

a.
3

o

Directive Subject DK UK EL IRL NL

A 319/85
yes yes yes yes yes yes

n.m.n.

reference

Case

282/87

75/130

(1. 10. 1975)

77/796

(1.1. 1979)

80/1263

(30. 6. 1982)

Combined road/rail

carriage of goods

Recognition of
qualifications

Driving licence yes yes yes yes A 121/87
n.p.i.

A 99/82
yes yes yes yes yes yes yes
n.p.a.
Judgment

28. 3. 1985

Case

2/84

A 263/87

n.p.a.

r.o.

A 490/87

n.p.a.

A 141/80

n.m.n.

Judgment

11. 10. 1983

Case

273/82

A 17/85

n.m.n.

reference

Case

71/88

yes yes yes yes

yes yes yes

A 123/87
yes

n.p.i.

r.o.

A 124/87

n.p.i.

r.o.

yes yes yes

30. 12. 89 Official Journal of the European Communities No C 330/137

ex d

_<_ d

o
-i [ & ]

IS ""o
-O SP

_<_

4- d
_<_ <

< d"S

a< d

<; c

oo rt i- t> -^^

< c

- 3 "°

i ~

<N ^ < g ON - N O

.a t:

_< B_

5 oo ">

6 "S

< c

e *

u S

No C 330/138 Official Journal of the European Communities 30. 12. 89

< e

6 ^

< e

< [^ S ]

i S i
'J [3] _£_ _'•£_ "I "E
Q-2

- c g IS

L [c] 6 ^S 2> fc
u &

_<_ ex

30. 12. 89 Official Journal of the European Communities No C 330/139

< c —

<

                                   - 6

° 2>

^ 2. 6

.2 •"

8 J

Q s- >>

§ S g

u

O

No C 330/140 Official Journal of the European Communities 30. 12. 89

< c

<*"> _d_ _t-i_ u oo

<, C n U l>

c ^ u S

^ a. q

_<_ c u °

Directive Subject DK UK EL IRL NL

A 162/83
yes yes yes yes yes yes

n m n

Judgment
30 4 1986

Case

158/85

A 503/87

n m n

ro

82/57

(1 7 1982)

82/347

(1 1 1983)

85/479

(1 1 1986)

Release for free

circulation

Procedures for the

export of goods

Mutual assistance
yes yes yes yes yes yes yes yes yes _yes_ o

n

yes yes yes yes yes yes A 183/84 yes
npa
Judgment

27 1 1987

Case

275/85

A 240/88

npa
169 letter

(Article 171)

yes yes

yes yes yes

m

c
I

O

o
3
3

c

3

No C 330/142 Official Journal of the European Communities 30. 12. 89

" " 4 - 6

_<_ d u _<_ d"Su£

< c

^ a. d

A h (J oo 3 £.v
< c [u ^ o ]

O rt 60 ^ <U —

_< a_ _<_ e [* °< ]

g s

H .5

H E

30. 12. 89 Official Journal of the European Communities NoC 330/143

E

d"S

_<_ c < d ~

_•_ E sO
d."0 _;

°

- _<_

o5

<

d

c

_<_

—

O oi M i " [1] «>

< C

c cR

U

U

£ c£

p ""]

-a ri U £

r s

_<_

 - E sb
d"o ^

d "^ ^ CJ S < d —i

» rt i- u s

< d SU °

   - E x
cS bfl'-O
n."a   U £

£ 2.. ^ d 6

 - < C - =, rsl ( J Ln < d [S U ° ] < d C

< c

"> d
< d

No C 330/144 Official Journal of the European Communities 30. 12. 89

- d 6 ~

_B_ _~5_
_< a_,N U

^ 6
_<_ c

< c

< c "S O S

— ^

S fc.

M- C ON

c —

2 §

c c ^
3 O .£

1 3 ^ G -f? 3
_<_ a § °

- 2 S U

< c °

H

Directive Subject DK UK EL IRL NL

Telecommunications, information industries and innovation

86/361 Mutual recognition of
(26. 7. 1987) type-approval for
telecommunications

terminal equipment

87/672 Frequency bands
(26. 12. 1988) reserved for public
communications

###### f
##### I

3

?
n

yes

No C 330/146 Official Journal of the European Communities 30. 12. 89

APPENDIX

The attitude of national supreme courts to Community law

SUMMARY

The effectiveness of Community law depends to a great
extent on national courts. The reason for this is that

(subject to reference to the Court of Justice of
preliminary questions on interpretation or validity) the
application of Community law falls within the jurisdiction of national courts in all cases where the

Community is not a party. Cases where the Community
is a party are reserved for the Court of Justice.

This report examines the manner in which the supreme
courts of the Member States, which have the last word in
cases and whose judgments provide guidance for the
lower courts, have carried out their task of ensuring that
Community law is observed.

The report examines, State by State:

1) the solutions given by the supreme courts to the
problems arising in cases of conflict between Community
law and the national constitutions;

2) the implementation by such courts of three
essential principles of Community law: primacy over
subsequent national law, direct effect, particularly of
certain directives, and unity of decisions (obligation to
refer to the Court of Justice questions on interpretation
of the provisions of Community law to be applied —
unless the provision is clear beyond dispute or has
already been interpreted by the Court — and the obligation to comply with the Court's ruling).

Examination of the situation shows that, despite the
difficulty found at first in accepting the limitations of
sovereignty imposed on the national legislature and
national courts, the national courts have surmounted the
initial difficulties and collaborate effectively in the
implementation of Community law. There are however
still some exceptions: the position of the French Conseil
d'Etat, which considers that it cannot give primacy to
Community law over subsequent national law, the
reluctance of several courts to recognize the direct effect
of directives, the abuse of the 'acte clair' theory and the
failure to apply certain judgments of the Court of
Justice.

I. Introduction

1. The effectiveness of Community law depends to a
very great extent on the work of national courts: its
application falls within their jurisdiction in all cases
where the Treaties have not conferred jurisdiction on the
Court of Justice, which means practically all those in
which the Community is not a party — in other words
all litigation between individuals, and between individuals and a Member State. In the administration of

justice, just as in the legislative and administrative
spheres, national authorities are required to cooperate in
implementing the action taken by the Community
institutions. This cooperation, mentioned particularly in
Article 5 of the EEC Treaty, is essential for the very
existence of the Community.

A particularly important role is played by the supreme
courts of the Member States, since their judgments not
only amount to a final decision of the cases before them
but also — by reason of their authority — provide
guidance for the future decisions of the lower courts.
This is why Articles 177 of the EEC Treaty and 150 of
the Euratom Treaty, which authorize any national court
to refer to the Court of Justice any question of interpretation or validity of Community law where a decision on
that question is necessary to enable the court to give
judgment, make this an obligation for those national
courts 'against whose decisions there is no judicial
remedy under national law . . .'.

In response to a request by the Legal Service (COM(87)
Min 856 of 7 January 1987), this report examines the
manner in which the supreme courts have carried out
their task of ensuring that Community law is observed.

2. The first question to be examined is how certain
national courts have resolved the problems posed by the
relationship between Community law and the national
constitution.

— Were the limitations of powers for the benefit of the
Community imosed by the Treaties of Paris and
Rome, and by the acts which have amended or
supplemented them, possible without a revision of the
national constitution?

— Can the application of Community law be called into
question if there is a conflict with the fundamental
principles of the constitution?

30. 12. 89 Official Journal of the European Communities No C 330/147

It was certainly legitimate to pose the question of the
constitutionality of the original Treaties and their
subsequent amendments before the State, by means of its
ratification, had assumed the obligations they imposed.
Certain national courts were confronted with this

question.

On the other hand, once they have been ratified, the
Treaties should no longer be open to discussion. It
would in any case be unacceptable for a State to remain
a member of the Community, benefiting from the
advantages implicit in such membership, and yet refuse
to accept certain restrictions following from membership.
In its judgment in _Costa v. EnelQ)_ the Court of Justice
declared that '... the law stemming from the Treaty, an
independent source of law, could not, because of its
special and original nature, be overridden by domestic
legal provisions, however framed . ..'. The ideal solution
from the point of view of Community law would be that
its primacy over national law was equally recognized as
primacy over the constitution. Such a recognition cannot
be found in any judgment of a supreme court, but when
the question has been raised before them such courts
have been able (apart from the exceptions to be
considered) to hold that there was not in fact any
conflict between the two legal orders; they have been
assisted in reaching this conclusion by a provision which
appears in the majority of the constitutions of the
Member States providing expressly for the possibility of
limiting the powers of the State for the benefit of an
international organization.

In the German and Italian systems the examination of
the constitutionality of the law ratifying the Treaties did
not take place exclusively before the adoption of that
law, as -it did in France for example, but also after its
adoption; normally it has taken place even a long time
afterwards, as an incident arising in a particular case.
Thus, the question of the constitutionality of the limitations of competence implicit in the original Treaties
was formally put to the German and Italian constitutional courts after ratification of the Treaties. But in

other Member States also, courts have been able to
question the application of certain principles of
Community law, such as its primacy over subsequent
national law, by means of arguments based on their
constitutions.

3. The next question to be examined will be how the
supreme courts have applied the essential principles of
Community law.

(a) _Primacy over national law_

Every Community rule which has direct effect must
have that effect

— from its entry into force, despite the prior
existence of any incompatible national law, and

— as long as it remains in force, despite the
subsequent adoption of any incompatible national
law.

National courts have had no hesitation in recognizing the primacy of Community law over
pre-existing national laws. Primacy over subsequent
laws, however, has given rise to difficulties,
particularly in Italy: _Costa v. Enel_ judgment of 7
May 1964 (see page 32, note 1). The Court of
Justice enunciated the principle of this primacy in its
judgment of 15 July 1964 between the same parties
(see page 3, note 1). The Italian constitutional court
then, in the ICIC judgment of 30 October 1975 (see
page 32, note 2), accepted the necessity of according
primacy to Community law, over subsequent incompatible national law, but claimed a monopoly of the
power to remove this obstacle by a declaration of
unconstitutionality, which it would adopt upon
request by the court dealing with the main action.
The Court of Justice in its _Simmenthal_ judgment ( [2] )
ruled that the only solution compatible with
Community law is that the court dealing with the
main action should itself disregard the incompatible
national law, even if adopted subsequently, 'and it is
not necessary for the court to request or await the
prior setting aside of such provisions by legislative or
other constitutional means'.

(b) _Direct effect_

A considerable number of the rules in the Treaties

and the acts adopted by the Community institutions
have 'direct effect', that is to say they have direct
legal effects on interested parties without* requiring
any intervention by the national legislature, and they
create rights and obligations which the national
courts must protect.

The Treaties laid down expressly the 'direct applicability' of regulations but the Court of Justice has
held that certain provisions of directives have direct
effect where they impose clear and unconditional
obligations on the States, so that individuals may rely
upon them against those States which have not
incorporated, or have incorrectly incorporated, them
in their legislation. This is a (vertical) direct effect,
less extensive than that enjoyed by regulations since
the latter may also form the basis of legal actions
against other individuals.

National courts may thus be called upon:

— to annul or disregard incompatible national
provisions,

(') Case 6/64 (1964) ECR 585. ( [2] ) Case 106/77 (1978) ECR 629.

No C 330/148 _j_ Official Journal of the European Communities 30. 12. 89

to the extent that the latter provisions have
already been applied, to order the State, or other
parties who have benefited from such provisions,
either to repay the amounts wrongly received in
application of the national provisions or to pay
damages.

Whilst there is a substantial body of case law, both
Community and national, on the repayment of sums
improperly received, and the decisions of supreme
courts are in conformity with those of the Court of
Justice, relatively little has been said on the subject
of damages. In the case of _Russo v. AIMA_ (') the
Court of Justice ruled that if an individual 'has

suffered damage as a result of the intervention of the
Member State in violation of Community law it will
be for the State, as regards the injured party to take
the consequences upon itself in the context of the
provisions of national law relating to the liability of
the State.'

(c) _Unity of decisions_

Within the States, unity of decisions is ensured by a
supreme court with power to amend or to quash the
judgments of the lower courts. In the Community
the same objective is sought by the Court of Justice
in another way: not by subordination of the national
courts but by collaboration with them through the
preliminary rulings procedure of Article 177 of the
EEC Treaty and Article 150 of the Euratom Treaty.

(aa) Supreme courts are obliged to refer a question
tp the Court of Justice if a question of interpretation of Community law or of validity of an
act of Community secondary legislation has
arisen and its solution is necessary to enable
them to give judgment. It is well known that
such courts frequently avoid referring a
question on interpretation to the Court of
Justice by holding that the Community
provisions to be applied do not need interpretation because they are clear. In its Cilfit
judgment ( [2] ) the Court of Justice took a
cautious position on the acte clair theory,
accepting that there is no obligation to refer a
question

— if the provision to be interpreted has already
been interpreted by the Court of Justice and
the national court intends to apply that
interpretation, or

— if 'the correct application of Community is
so obvious as to leave no scope for any
reasonable doubt.'

(bb) A distinction must be drawn between cases
where the Community provision to be applied
has not yet been interpreted by the Court of
Justice and cases where the Court of Justice has

already dealt with the point. In the first case the
supreme court enjoys a measure of discretion: if
it decides to interpret the provision itself,
holding it to be clear, and not to refer a
question to the Court of Justice, it will be
difficult to find fault with this, even if on the
first occasion it has the opportunity to do so the
Court of Justice gives the provision a different
interpretation. In the second case, on the other
hand, the supreme court has merely the choice
between complying with the interpretation
already given by the Court of Justice or
referring the question again and hoping to
persuade the Court to change its mind. It would
be a serious affront to the authority of the
Court's decisions to refuse to refer a question
to the Court and to give the provision an interpretation different from the one the Court has
already given.

(cc) When the Court gives a preliminary ruling, it is
binding on the parties in the case and on the
court concerned with the case: not simply the
court which referred the question but any court
which, for example on appeal, gives a judgment
in the same case.

II. Situation in the member states

1. BELGIUM

Recognition of the principles of primacy of Community
law and its direct effect was confirmed by the Court of
Cassation in its landmark judgment of 27 May 1971
_(Fromagerie Le Ski v. Belgian State)_ ( [3] ): 'Where a conflict
exists between a rule of domestic law and a rule of inter
national law having direct effect in the domestic legal
order, the rule laid down by the treaty must prevail and
the pre-eminence of that rule arises from the very nature
of international treaty law.'

'This is so _a fortiori_ where the conflict exists, as in the
present case, between a measure of domestic law and a
rule of Community law; the Treaties which created
Community law established a new legal order for the
benefit of which the Member States have limited the

exercise of their sovereign powers in the areas fixed by
the Treaties...'

So far, these points have not again been raised before a

court.

(') Case 60/75 (1976) ECR 45.
O Case 283/81 (1982) ECR 3415. ( [3] ) Rev. trim, droit europeen 1971, p. 494.

30. 12. 89 Official Journal of the European Communities No C 330/149

Similarly, the use by the Belgian courts of the
preliminary rulings procedure has not given rise to any
specific problem. It should be mentioned however that in
a case before the Conseil d'Etat, in which an
infringement of Article 30 of the EEC Treaty was
alleged, that court decided that it could resolve the
dispute without referring a question for a preliminary
ruling _(Mees v. Belgian State)_ ( [1] ). This attitude has been
criticized by academic writers. It is not clear however
whether this case was decided purely on its own facts or
whether it involved a decision of principle.

2. DENMARK

Although there has been no express judicial decision on
the matter, the principles of primacy of Community law
and its direct effect have not given rise to any particular
difficulty of application. Similarly, apart from an isolated
case in which the Supreme Court in 1980 ( [2] ) pronounced
on the question whether the grounds given for the
expulsion of a French national were sufficient without
referring a question for preliminary ruling to the Court
of Justice, the use by the Danish courts of the
preliminary rulings procedure has not given rise to any
specific problem.

3. GERMANY

1. Article 100 of the constitution or Grundgesetz (Basic
Law) provides for the possibility of a review of the
constitutionality of any legal rule enacted after the
entry into force of the constitution.

The judgment of the Bundesverfassungsgericht
(Constitutional Court) of 18 October 1967 ( [3] ) rejected
the possibility of such a review of Community regulations since the provisions enacted by the Community
— to which Germany had transferred sovereign
powers by virtue of Article 24 (1) of the constitution
— were not acts of a German public authority. 'The
Community . . . is . . . an inter-State organization
within the meaning of Article 24 of the Basic Law, to
which the Federal Republic of Germany and the other
Member States have transferred certain sovereign
powers. A new authority has thus been created,
autonomous and independent in relation to the
authority of the various Member States; its acts
therefore need not be confirmed or ratified by the
States and so cannot be annulled by them.'

The Constitutional Court had however left open the
question whether Community law was in conformity
with the fundamental rights guaranteed by the

(') Journal des Tribunaux, 1987, p. 188
O UfR, 1980, p. 504.
( [3] ) BverfGE, 22, 293; revue de droit europeen, No 1/1968, 203.

constitution. This reservation was made explicit by the
Constitutional Court in a judgment of 29 May
1974 ( [4] ): the protection of fundamental rights was (it
held) an essential and irreducible element of the
constitution, which could not be limited even by a
constitutional law (Article 24). It was true that the
Court of Justice also protected fundamental rights;
but there was no precise catalogue of fundamental
rights drawn up with the participation of a parliament
elected by universal suffrage. So long as these
conditions remained unchanged the judge might apply
to the Constitutional Court, which, if it considered
that a fundamental right had been violated, would
declare the regulation inapplicable in Germany. (It
should be noted that in the case in point the Constitutional Court rejected that contention.)

It was unacceptable that a national constitutional
court should subject a Community regulation to
review and declare it, if not invalid, at least inapplicable within the country. A Community act can be
challenged only before the Court of Justice (Articles
164 _et_ _seq._ EEC Treaty).

The German court thus placed in jeopardy the unity
and indivisibility of Community law. However,
doubtless in the light of the growing sensitivity to
fundamental rights shown by the Court of Justice, the
declaration of the three political institutions of the
Community in favour of fundamental rights and the
election of the European Parliament by universal
suffrage, there was a complete change of attitude
(judgment of the Federal Constitutional Court of 25
July 1979 ( [5] ) and of the Federal Administrative Court
of 1 December 1982 ( [6] ) which found striking confirmation in the judgment of the Federal Constitutional
Court of 22 October 1986 ( [7] )- The latter court then
declared that as long as the European Communities,
and more particularly the decisions of the Court of
Justice, guarantee effective protection for fundamental rights, the Federal Constitutional Court will
refuse to rule on the applicability of secondary
Community legislation. This judgment ist of
considerable importance for the effectiveness of
Community law in Germany.

2. As a corollary of Article 24 of the Constitution and
because of the long standing familiarity of German
lawyers with the federal system, the recognition of the
primacy of Community law over any subsequent law,
and of its direct effect, has been achieved with relative
ease. Foreshadowed by the abovementioned judgment
of the Federal Constitutional Court of 18 October

1967, the express recognition of the primacy of

( [4] ) BVerfGE37, S. 271.
( [5] ) Europaische Grundrechte-Zeitschrift, 1979, p. 547.
(*) BVerwG 7 C 87.78.

_0_ Europaische Grundrechte-Zeitschrift, 1987, p. 1

No C 330/150 Official Journal of the European Communities 30. 12. 89

Community law was achieved by the important
decision of that Court of 9 June 1971 ('). The Court
based itself on Article 24 (1) of the Basic Law which,
by permitting transfer of sovereign rights to an
inter-State organization, enabled Germany to
participate in the creation of a Community endowed
with an autonomous legal order, whose 'acts must be
recognized by the entity which originally was the
exclusive holder of the sovereign power.'

The Court also recognized that it was not for it but
for the court dealing with the main action, to
disregard the subsequent law that was incompatible
with Community law: 'the court must examine every
rule to be applied to the particular case, above all
from the point of view of its validity. In a case of
contradiction between one rule and another that is

superior, the court is bound not to apply the former
rule to the case before it.' This is the only solution
which is in full accord with the principles of direct
effect and primacy, as the Court of Justice was to
declare in the _Simmenthal_ case on 9 May 1978.

3. As regards direct effect, reference should be made to
the recent decisions (28 August 1984 and 5 June
1986) O of the Bundesverwaltungsgericht (Federal
Administrative Court) given on certain provisions of
directives. That Court based their direct effect on the

principle of _Treu und Glauben_ (good faith). Individuals are thus entitled to defend themselves against
behaviour on the part of the Government which
would be in contradiction with the obligations
imposed on it by a Community directive.

It must be pointed out however, also in connection
with the direct effect of directives, that the judgment
of another court, the Bundesfinanzhof (Federal
Finance Court), of 25 April 1985 ( [5] ) disregarding the
preliminary ruling given by the Court of Justice in
Case 70/83 _Kloppenburg v. Finanzamt Leer(_ _[4]_ _)_ refused
to recognize that the provisions of directives can have
direct effect. The Commission had initiated

infringement proceedings against Germany on this
matter (Case B 117/85), but was able to terminate the
proceedings since the German administration gave
instructions enabling all cases still open to be settled
in conformity with Community law.

The applicant thereupon made a constitutional complaint based on the violation by the Federal Finance

(») BVerfG31, 145.
( [2] ) BVerwG 70, p. 41 and Europarecht 1986, p. 372
respectively.
( [3] ) Europarecht 1985, p. 191.
( [4] ) (1984) ECR 1075.

Court of Article 101 of the Basic Law by failing to
comply with the judgment of the Court of Justice,
whereupon the Federal Constitutional Court, by a
judgment of 8 April 1987, quashed the judgment of
the Federal Finance Court of 25 April 1985 ( [5] ).

4. Article 101 of the Basic Law declares that nobody
may be deprived of his lawful judge (gesetzlicher

Richter).

By its judgment of 22 October 1986 ( [6] ) already

mentioned, the Federal Constitutional Court

recognized the Court of Justice as a lawful judge
within the meaning of Article 101. By doing so it reinforces the effectiveness of the procedure pursuant to
Article 177 of the EEC Treaty: a national court which
omitted in an arbitrary manner to make use of this
procedure, or failed to comply with the ruling of the
Court of Justice, would risk having its decision
quashed by the Federal Constitutional Court for

violation of Article 101 of the Basic Law. This is a

striking development in giving concrete shape to the
duty of collaboration between the Court of Justice

and national courts.

The judgment of the Federal Constitutional Court of
8 April 1987 quashing the judgment of the Federal
Finance Court given on 25 April 1985 in the _Klop-_
_penburg_ case is a first important application of this

principle.

In another judgment, given on 9 November 1987, the

Federal Constitutional Court gave further details of

typical cases which might constitute a violation of
Article 101 ( [7] ).

Referring to the Court's judgments on the interpre
tation of Article 177 ("), the Federal Constitutional

Court regards as a violation of Article 101 of the
Basic Law not only cases where a court deliberately
disregards the decisions of the Court of Justice, as the

Federal Finance Court did in _Kloppenburg,_ but also

cases where the court in an indefensible manner (in

unvertretbarer Weise) disregards the obligation to
refer a question for a preliminary ruling. In that case
the civil courts had to consider the alleged impact of
the agricultural regulations governing cereals on the
patents held by the applicant. The Federal Constitutional Court ruled that the conditions for holding that

Article 101 of the Basic Law had been violated were

not satisfied.

4. GREECE

The principle of the primacy of international treaties

over national law is expressly laid down by the Greek

( [5] ) Europarecht 1987, p. 333.
( [6] ) BVerfGE 73, 336, 339.
( [7] ) BVerfG, Europarecht 1988, p. 190.
( [8] ) E.g. Case 283/81 Cilfit (1982) ECR 3415.

30. 12. 89 Official Journal of the European Communities No C 330/151

Constitution (Article 28); it is not expressly stated that
this applies to the Constitution itself, but no particular
difficulties have so far arisen on this point.

The principle of primacy and that of direct effect have
been recognized in a particularly explicit manner by the
Council of State since 1980 (Opinion 406/80 of the
Administrative section). More recently the Council has
confirmed this position in several decisions (Nos
1886/1983, 4190/1983 and 815/1984 for the principle of
primacy and No 1258/1985 for direct effect).

As regards references for preliminary rulings the
situation is more delicate.

There have been only three references for preliminary
rulings, of which one is from the Council of State
(plenary session, Case 254/86), which has so far been
rather reticent towards the preliminary rulings
procedure. It has had several occasions when it might
have referred a question to the Court but declined to do
so, basing itself at least tacitly on the 'acte clair' theory
(see Decision of the Council of State No 815/84 on the
prohibition on the import of bananas into Greece) or
basing its reasoning exclusively on national law in cases
where the application of national law would achieve the
same result as the application of Community law, which
it examined in passing (see Decision No 520/1983) (') or
even basing itself entirely on national law, the
application of which just happened to attain the same
result as Community law, which was not taken into
consideration at all (see Decision No 1463/1986, where
the question of Community law which was not raised
related to Article 40 (3) of the Treaty in the context of
the common organization of the olive oil market).

For a time the stumbling point in the relations between
the Council of State and the Court of Justice as regards
the proper operation of the Article 177 procedure was
Greek Law No 1470/1984, Article 1 (5) of which
provided:

'The reference of a case to the plenary session (of the
Council of State) is . .. mandatory when the chamber
considers that the Court of Justice of the European
Communities should be asked for a preliminary ruling.'

The fourth chamber of the Council of State applied this
provision in its decision No 1258/1985 and referred the
case to the plenary session, which, having decided that a
preliminary ruling should be requested, referred
questions to the Court of Justice for the first time (Case
254/86). At the request of the Commission, this
provision has been repealed.

(') See also Judgment No 348/1985 of the Supreme Court.

The prior obligation contained in Law No 1470/1984 is
not considered by the Commission to be in conformity
with the requirements of Article 177 of the EEC Treaty.
This situation is the subject of internal infringement
proceedings (Case B/85/140).

Furthermore, the special Supreme Court in one case,
despite the questions of Community law arising, failed to
seek a preliminary ruling and in another case did not
even examine the solutions offered by Community law.

5. SPAIN

1. There is a well established tradition among academic
writers and the court in favour of the primacy of
general international law over domestic law. This is
also supported by the combined interpretation of
Articles 96.1 and 9.3 of the 1978 Constitution. The

same is true of the direct effect of rules of interna
tional law.

These principles have already been applied _a fortiori_
to Community law.

Thus in an Order dated 24 May 1988 ( [2] ), in the
context of a case concerning the enforcement of a
decision of the Commission requiring payment of
ECSC levies by a Spanish firm, the Spanish court
ruled, in reliance on the Court's judgment in Case
26/62 _Van_ _Gend_ _en Loos,_ that the European
Communities involve a new legal order in international law, for the benefit of which the Member States
have limited their own sovereignty, and that this legal
order is the source of rights and obligations not only
for States but also for individuals.

2. No particular difficulty has come to light regarding
references for preliminary rulings, a procedure which
has already been used in several cases by Spanish
courts ( [3] ).

3. The existence of a constitutional court with sole

power to review the constitutionality of laws (Article
163 of the Constitution) involves the risk that any
conflict between Community law and a subsequent
national law might be regarded as a question of
constitutionality and considered as within the
exclusive jurisdiction of that court. It has been seen
(see introduction, point 3a) that such a view has been

O Order of 24 May 1988 of the judge of first instance of

Almendralejo (Badajoz).
O See for example Cases 126/86 _(Zaera v. INSS)_ and 170/88

_Ford Espana v. Spanish State)._

No C 330/152 Official Journal of the European Communities 30. 12. 89

rejected by the constitutional courts in the other
Member States and by the Court of Justice in
_Simmenthal_ as contrary to the principles of primacy
and direct effect. It is to be expected that the
orthodox solution will be reached in Spain also. In
any case it is useful to inform the Spanish judiciary of
these decisions.

6. FRANCE

1. The Treaties of Paris and Rome were signed,
ratified and published in accordance with the
Constitution and cannot, therefore, be challenged in
French courts on the ground of unconstitutionality ('). This was affirmed by the Conseil
Constitutionnel in two decisions of 30 December
1977 ( [2] ). With reference to provisions of finance acts
applying Community regulations on isoglucose and
milk, the Conseil Constitutionnel emphasized that
the alleged infringements of parliamentary powers
were but the consequence of international
commitments made by France which have been
absorbed into Article 55 of the Constitution. The

Conseil also drew attention to Article 189 of the

EEC Treaty and the force which it conferred on
Community regulations: the binding force of such
rules was not contingent upon action by the
Member States.

Invited on two occasions to rule on laws intro
ducing significant changes to the original Treaties
— in 1970 the treaty which strengthened the
budgetary powers of the European Parliament and
the own resources decision ( [3] ), and in 1976 the act
concerning elections to the European Parliament on
the basis of universal suffrage (") — the Conseil
Constitutionnel did not adopt an obstructive
approach, although the grounds for the second of
its decisions did contain reservations that future

progress on European integration might give rise to
objections on its part on constitutional grounds
(national sovereignty).

2. Article 55 of the Constitution states that, once
promulgated, treaties or agreements duly ratified or
approved have ascendancy over laws, subject in each
case to their being applied by the other parties.

(') The Conseil Constitutionnel was set up under the new
Constitution of 4 October 1958. Thus it was not even
possible to examine the Treaties for consistency with the
French Constitution.
( [2] ) _Journal Officiel de la Republique Frangaise_ (JORF), 31. 12.
1977, p. 6385.
( [3] ) JORF, 21. 6. 1970, and corrigendum of 23. 6. 1970.
( [4] ) JORF, 31. 12. 1976, p. 7651.

This provision, which at first sight confirms the
primacy of international law, was the subject of
lively controversy. For a long time the French courts
have confined themselves to applying this principle
to conflicts between a treaty and an earlier law,
though in such cases they could have arrived at the
same result by arguing that the treaty abrogates the
law. They have hesitated, however, to apply the
principle to a subsequent law, since they are not
prepared to defy the will of the legislative authority.
They have, of course, tried to interpret subsequent
laws in such a way that the scope of treaties is not
restricted; where, in particular, a treaty is more
restricted in scope than a domestic law, they have
tried to reason as if the latter implicitly did not
affect the application of the treaty. But such interpretation was not always possible.

The Cour de Cassation and the Conseil d'Etat have

taken divergent views on this difficulty.

The primacy of the Treaty over domestic law,
including subsequent laws, was recognized by the

Cour de Cassation in _Administration_ _des_ _Contri-_

_butions_ _v. Ramel_ (initial judgment of 22 October
1970) ( [5] ). This position was confirmed and
explained, on the grounds not only of Article 55 but
of the special quality of Community law, in _Vabre_
(judgment of 24 May 1975) ( [6] ) and, on the second
ground only, in _Von_ _Kempis_ (judgment of 1
December 1975) ( [7] ). The Conseil Constitutionnel in

the meantime had, by its decision of 15 January
1975 ( [8] ), made it easier for courts having substantive
jurisdiction to resolve conflicts between laws and
treaties, by declaring that such conflicts did not
constitute cases of unconstitutionality and need not

be submitted to the Conseil Constitionnel. The Cour

de Cassation has not changed its thinking
subsequently (for a recent example, see its decision
of 15 May 1985 in _Leclerc v. Syndicat des Libraires_
_de Loire-Ocean_ ( [9] ).

By contrast, the Conseil d'Etat consistently refused
to adopt this line — see _Syndicat General des_
_Fabricants de Semoule_ (judgment of 1 March
1968) ( [10] ) and _Union Democratique du Travail_ and
_Election des representants de I'Assemblee des Commu-_
_nautes Europeennes_ (22 October 1979) ( [n] ). As its

( [5] ) _Gazette du Palais,_ 1970, 6, No 343.
( [6] ) _Cahiers de Droit Europeen,_ 1974, pp. 394 and, in particular,
411.

O _Bulletin Civil,_ III, No 173, p. 282.
(•) _JORF,_ 1. 6. 1976, p. 67.
(') _Gazette du Palais,_ 1985, No 359.
( [10] ) _Recueil Dalloz-Sirey,_ 1968, p. 285.
( [n] ) _Actualites Juridiques de Droit Administratif_ (AJDA), 1980,
p. 40.

30. 12. 89 Official Journal of the European Communities No C 330/153

chief reason, the Conseil d'Etat adheres to the traditional domestic-law notion that it is not for it, when
hearing a dispute, to decide actions that question
the validity of legislation. Despite severe criticism of
its reasoning by legal commentators, the Conseil
d'Etat has consistently maintained this line in later
decisions, whereby subsequent laws constitute a
'screen' blocking the exercise of judicial review,
contrary to the principle of the primacy of
Community law ('), once the Court of Justice has
ruled that the measures in question constitute
infringements ( [2] ).

Review by the administrative courts of compliance
of national measures with Community law is thus
limited to executive measures whether they be
adopted by virtue of autonomous regulatory
authority (Article 37 of the Constitution) or the
regulatory authority to implement laws.

The Conseil d'Etat, however, has in part modified
its position by stessing ( [3] ) that the law-as-screen
theory is of limited application; thus, where a law
enacted subsequent to the Treaty is simply a
framework law attributing powers to the regulatory
authority without laying down guidelines for their
exercise, the court may, without ruling on the
particular law itself, review an order to see if it is
consistent with the Treaty ( [4] ).

Attention must also be drawn to the Conseil d'Etat's

negative attitude to the direct effect of provisions of
directives that place specific, unconditional obligations on Member States. In _Cohn-Bendit_
(Judgment of 22 December 1978) ( [5] ), the supreme
administrative court clearly took an opposite line to
Court of Justice decisions by refusing to recognize
the direct effect of Article 6 of the Council

Directive of 25 February 1964. Relying solely on the

O AJDA, 1986, p. 174.
( [2] ) See _International Sales_ (Judgment of 13 December 1985),
REcueil Lebon, p. 377, after Case 90/82 _Commission v._
_France_ (fixing of retail selling prices of manufactured
tobacco) (1983) ECR 2011.
( [3] ) Studies and documents by the Conseil d'Etat, June 1987, pp.
128 and 129.
( [4] ) Conseil d'Etat, 19 November 1986, _Smanor,_ AJDA, 1986,
pp.714 and 681.
( [s] ) Dalloz, 1979, J 155. This position is now consistently
adopted by the Conseil d'Etat: for the latest instance see
_Societe de Courtage d'Assurance_ /?enow^(Judgment of 10 June
1986) and _Cabinet_ _Mantout_ (16 June 1986).

wording of Article 189 of the EEC Treaty, it
concluded that the national authorities were alone

competent to decide in what form directives were to
be implemented and to determine themselves,
subject to review by the national courts, the appropriate means of giving them effect in domestic law;
consequently, whatever provisions they may contain
concerning Member States, directives cannot be
invoked by nationals of those States in support of an
appeal against an individual administrative act.

By contrast, with regard to regulatory measures, the
judgment in _Cohn-Bendit_ admitted that the legality
of such measures adopted by the French
Government in order to comply with Community
directives was open to challenge.

The Conseil d'Etat applied this principle in its
judgment of 28 September ( [6] ) and 7 December
1984 ( [7] ) which annulled an Article of a decree of
1 October 1980 and four ministerial orders of _20_

April 1982, deemed to contradict the objectives of,
respectively, the Council Directives of 18 July 1977
and 2 April 1979.

It was stated in the introduction that there have

been few rulings by national courts or one of the
consequences of the direct effect of Community
law: the award of damages for injury arising from a
national measure which infringes Community law
and occurring before such a measure was abolished.
This rarity is probably explained in part by the limitations placed by most Member States' legal systems
on the award of damages against the State,
especially where injury is attributable to an act of
the legislative authority.

In French law, compensation for injury as a result
of a regulatory measure is widely recognized,
provided that it can be regarded as vitiated by
illegality and fault.

The French administrative courts have had occasion

to award damages for breach of Community rules.
In _Alivar v. Ministere du Commerce Exterieur,_ the

Paris Administrative Court ordered the Government

to pay FF 1 961 250 to an Italian firm adversely

( [6] ) _Conference Nationale des Societes de Protection des Animaux,_
Revue Trimestrielle de Droit Europeen, 1984, p. 759.
( [7] ) _Federation Francaise des Societes de Protection de la Nature,_
Revue Trimestrielle de Droit Europeen, 1985, p. 187.

No C 330/154 Official Journal of the European Communities 30. 12. 89

affected by a ban on the export of potatoes,
resulting from the procedure requiring a declaration
to be made prior to actual export, which procedure
the Court of Justice had meanwhile declared to be
in breach of Article 34 of the EEC Treaty ( [1] ). The
Ministry appealed, and the Conseil d'Etat found
that the measure had been taken for reasons of

general interest based on the depressed state of the
French potato market, and that consequently the
Government was bound to compensate the company
only if strict liability could be established and it
could be shown that an extraordinary, specific loss
had been incurred as a result of action by the
French authorities.

It recognized, however, that such loss had been
confirmed the amount of damages awarded by the
court of first instance.

It is noteworthy, nevertheless, that in a case of this
kind, the French administrative court did not apply
the solutions generally valid for liability as a result
of administrative acts, but the more restrictive rules
concerning liability as a result of laws or international treaties; this enabled it to avoid ruling on the
legality of the measure in question ( [2] ).

4.1. As regards references to the Court of Justice for a
preliminary ruling, the Cour de Cassation is careful
to follow the letter and the spirit of Article 177 of
the EEC Treaty which seeks to ensure uniformity of
decisions in the Community.

Even if its criminal division seems somewhat

reluctant to refer questions for a preliminary ruling
— see _Burdet and Others_ ( [3] ) and _Poupon_ (judgments
of 18 November 1986), and _Malagutti_ (judgment of
8 January 1985) ( [4] ), ( [5] ) — this supreme court, as a
general rule, has readily resorted to the procedure
provided for in Article 177 of the EEC Treaty and
has always acknowledget the full binding force of
the decisions of the Court of Justice. Recent

examples include _Direction Generate des Impots v._

_'<)_ Case 68/76 _Commission v. France_ (1977), ECR 515.
; [2] ) See Droit Social (DS), 1986, p. 24.
; [3] ) Bulletin Criminel, 1986, No 9, p. 852.
; [4] ) DS, 1985, p. 586.
; [5] ) A few days after this judgment was delivered, the Dijon
_tribunal de police_ referred a similar problem to the Court of
Justice for a preliminary ruling (Case 54/85 _M. P. v._
_Mirepoix)._

_Humblot_ (judgment of 16 July 1983) ( [6] ) and
_Administration des Douanes v. Roquette_ (judgment of
10 December 1985) ( [7] ).

4.2. The Conseil d'Etat, on the other hand, based itself
on a particularly broad conception of the 'acte clair'
so as not to invoke Article 177 of the EEC Treaty
— on the first occasion in _Societe de Petroles_
_Shell-Berre_ (judgment of 19 June 1964) ( [8] ), which
was concerned with a particularly difficult provision
of the EEC Treaty, namely Article 37. Commentators expressed reservations ( [9] ). Since that
judgment, the Conseil d'Etat has several times
affirmed provisions to be clear, which are sufficiently controversial for the parties and the
government advocate to press for interpretation ( [10] ).
The broad conception of 'acte clair' is not, however,
limited solely to the French supreme administrative

court.

A more serious breach of the principle of the
uniformity of judicial decisions is that to be found
in _Cohn-Bendit_ and _Smanor_ (judgments of 22
September and 19 November 1986 respectiveley), in
which the Conseil d'Etat adopted solutions contrary
to the Court's decisions, without first trying to
secure modification of the line taken by the Court
by asking it again to interpret the particular
question.

Lastly, on other occasions, the Conseil d'Etat has
not complied with the Court of Justice's judgment
in the same case. In _ONIC_ _v. Huileries de Pont-_

_d-Mousson_ (judgment of 9 May 1980) (") and
_ONIC v. Maiserie de la Beauce_ (judgment of 26 July
1985) ( [12] ) the Conseil d'Etat refused to give effect to
judgments of the Court, which, faced with a request
for a preliminary ruling, had limited the consequences of the invalidity of Community regulations.

Although there are some slight signs of change, the
Conseil d'Etat's attitude remains at variance with

the decisions of the Court of Justice on several

important points. The Commission, for its part, has

(') Bulletin, 1985, No 213.
( [7] ) DS, 1986, p. 250. This decision is particularly remarkable
since the question referred to the Court concerned the
consequences of the invalidity of Community regulations, as
declared by the Court of Justice in its judgment of 15
October 1980 (preliminary ruling). The Cour de Cassation
unreservedly complied with the Court's decision, unlike the
Conseil d'Etat in a similar case (see below).
( [8] ) Revue du Droit Public et de la Science Politique, 1964, p.
1018.

C) See the critical analysis of the 'obscure clarity of Article 37
of the EEC Treaty' by M. le Doyen Colliard (Recueil
Dalloz, 1964, report 263).
( [10] ) See recent decisions by the Conseil d'Etat: _Consorts Genty_
(7 October 1987) and _Griesmar_ (23 December 1987).
( [u] ) AJDA, 1980, p. 535.
(") AJDA, 1985, p. 615.

30. 12. 89 Official Journal of the European Communities N o C 330/155

approached the French Government with a view to
averting at least the consequences of this inconsistency and, while recognizing the principle of
separation of powers, has insisted that, at the very
least, the government advocate in cases before the
Conseil d'Etat should defend a position which is
substantively consistent with the decisions of the
Court of Justice.

7. IRELAND

1. Unlike most other European constitutions the Irish
one does not provide for any limitation of sovereign
powers to allow precedence to those of an international organization. In order to enable Ireland to
accede to the Community, therefore, it was decided
that a constitutional amendment would be necessary.
A referendum held on 10 May 1972 approved the
Third Amendment of the Constitution Act 1972,
which inserted the following provision:

'No provision of this Constitution invalidates laws
enacted, acts done or measures adopted by the State
necessitated by the obligations of membership of the
Communities, or prevents laws enacted, acts done or
measures adopted by the Communities, or institutions
thereof, from having the force of law in the State.'

When the Irish legislature, the Oireachtas, authorized
ratification of the Single European Act, an ordinary
citizen, Mr Crotty, succeeded in obtaining an interlocutory injunction preventing the deposit of the
instrument of ratification; his main action was
dismissed by the High Court, but on appeal the
Supreme Court held that Title III of the Single Act,
which committed the Member States to working in
political cooperation in external relations, was incompatible with the Constitution. The obligation to
consult and to try to reach a common position in this
new field, outside the scope of the original Treaties,
was held to be a limitation of sovereignty which was
not covered by the 1972 amendment.

Ratification of the other provisions of the Single Act,
however, was adjudged compatible with the
Constitution.

On this latter point the Court had to consider the
constitutionality of the European Communities Act
1986, the Act which set out to transpose into national
law Article 3 (1), Title II, Article 31, Article 32 and
parts of Article 33 and 34 of the Single Act. The
Court concluded that there was no constitutional

impediment to that legislation, as the 1972
amendment to the Constitution authorized the State

not only to accede to the Communities as they were
in 1973 but also to accept amendments to the Treaties
provided they did not substantially alter the scope or
the objectives of the Communities.

But in view of the Supreme Court's ruling on Title
III, a referendum had to be held to amend the
Constitution to allow the Irish Government to ratify
the Single Act. The referendum took place in May
1987; the amendment passed, enabling the
Government to deposit the instrument of ratification
on 24 June 1987.

2. The principles of _primacy_ and _direct effect_ have not
been called into question since accession.

3. The use made by the Irish courts of the reference for
a preliminary ruling has not given rise to any specific
problem. The Supreme Court's 1983 judgment in
_Campus Oil_ is worth mentioning; the Supreme Court
there held that a High Court order setting in motion
the procedure laid down in Article 177 of the EEC
Treaty was not open to appeal. This judgment is fully
in accordance with the purpose of the procedure.

8. ITALY

1. In Italy, as in Germany, a law may be referred for
consideration of its constitutionality even though a
long time may have passed since it was adopted. This
includes a law ratifying a Treaty. The Constitutional
Court's Judgments No 98 of 27 December 1965
_Acciaierie S. Michele (')_ and No 183 of 27 December
1973 _Frontini (_ _[2]_ _)_ were delivered on references from
courts which had expressed doubts as to the
constitutionality of provisions of the ECSC and EEC
Treaties which conferred judicial power on the
Court of Justice and legislative power on the
Council and the Commission, and limited the powers
of the Italian judiciary and parliament. The
Constitutional Court held that the Treaties were

compatible with the constitution, on two grounds:

— Article 11 of the Constitution states that Italy
'shall accept, on equal terms with the other
States, the limitations of sovereignty necessary to
a legal order which ensures peace and justice
between the nations',

(') _Foro it._ 1966, I, 8.
( [2] ) _Foro it._ 1974, I, 314 and _Journal des Fribunaux_ 1974, 409.

No C 330/156 Official Journal of the European Communities 30. 12. 89

— the way in which the Community is structured
and has organized the exercise of its own powers
is part of the Community legal order, which is
independent of and separate from the national
legal order and thus falls outside the constitutional law of the State, including the rules which
make the exercise of judicial and legislative
powers a matter for the State only.

In _Acciaierie S. Michele_ the Court left open the
question whether the protection of certain fundamental values underlying the Constitution, and
especially fundamental rights, might not restrict the
scope of the transfer of sovereign rights to international organizations provided for in Article 11. In its
later _Frontini_ Judgment the Court said that there
was indeed such a restriction, but nevertheless held:

(a) that the Community legal order included a
system of legal protection under which the Court
of Justice has unrestricted judicial authority;

(b) the sovereignty transferred to the Community in
Rome Treaty, which was concluded by countries
whose legal orders were all based on the rule of
law and guaranteed the fundamental freedoms
of the citizens, could not in any way whatsoever
confer on the EEC institutions an inadmissible

power of infringe fundamental principles or the
inalienable rights of human beings;

(c) that if ever Article 189 were to be given so
aberrant an interpretation, the Constitutional
Court's power of judicial review would remain,
but would be exercised over the continuing
compatibility of the Treaty with those fundamental principles; the Court could not review
individual regulations.

This approach has been confirmed in Judgment
No 170 of 8 June 1984 (see below), which rules out
any difficulty as long as the Community legal order
is based on respect for fundamental rights; it is
comparable to the view prevailing in Germany since
the Federal Constitutional Court's judgment of
22 October 1986.

2. In Italy the courts at first had great difficulty in
accepting that Community law _took precedence_ over
subsequently enacted national law. After an initial
hostile judgment, No 14 of 7 March 1964 _Costa v._
_Enel{_ _[1]_ _)_ the Constitutional Court embarked on a

(') _Foro it._ 1964, I, 465.

long march towards acceptance of the principle.
Although it did not resolve all the problems, the
judgment in _Frontini_ (see point 1 above) laid the
foundations for this recognition. It was followed by
the same Constitutional Court's Judgment No 232 of
30 October 1975 _ICIC(_ _[2]_ _)._ The Court there held that
a law incompatible with Community law was
contrary to Article 11 of the Constitution, already
referred to; such a law therefore could and must be
held unconstitutional; but this also meant that the
Court trying the case did not itself have power to set
aside the national law in question, but had to refer
the matter to the Constitutional Court for a ruling
on its constitutionality.

This arrangement was cumbersome and, as the
Court of Justice pointed out in Case 106/77
_Simmenthal,_ ran counter to the principles of direct
effect and primacy of Community law; it was finally
abandoned in Judgment No 170 of 8 June 1984
_GranitalQ)_ which represents the last stage in the
development of the case-law on this point. Basing it
itself on the argument that the Community legal
order was independent of and separate from the
domestic legal order, the Court said it would not
review the compatibility of a national law and a
Community regulation. Domestic law could not
encroach on the sphere governed by Community
law; the Cummunity regulation had always to be
applied, whether its adoptin followed or preceded
that of an ordinary law which was incompatible with
it; in the event of difficulty the national courts could
avail themselves of the preliminary ruling procedure.

This shift in the Constitutional Court's attitude has

been confirmed in later judgments.

The precedents set in more recent judgments of the
Constitutional Court have been followed in a large
number of judgments by the Corte di Cassazione,
which has made constant use of its power to hold a
national law incompatible with Community law and
consequently to declare it inapplicable to the case
before it ( [4] ).

( [2] ) _Foro it._ 1975, I, 2661 et _Revue trim, droit europeen 1976,_
_271._
( [3] ) _Foro it._ 1984, I, 2063.
( [4] ) See for example the judgments of the Corte di Cassazione
settling in favour of Community law a conflict between
Community law and Decree-Law No 688/1982: judgments
No 5129, 18 October 1985; No 5235, 24 October 1985;
No 2144, 26 March 1986; No 2145, same date; No 2339,
4 April 1986; No 2415, 7 June 1986; No 2425, same date;
No 2717, 16 April 1986; No 3061, 7 May 1986; No 3339,
20 May 1986; No 4063, 18 June 1986; and No 4761,
25 July 1986.

30. 12. 89 Official Journal of the European Communities No C 330/157

3. There is still a great deal of hesitation regarding the
direct effect of directives, notably on the part of the
Corte di Cassazione (judgments of 21 July and
7 October 1981) (') and of the Consiglio di Stato
(judgment 6 May 1980) ( [2] ).

4. As regards operation between the national courts
and the Court of Justice, there appears to be some
reluctance on the part of the Consiglio di Stato to
make use of the preliminary ruling procedure.

The Constitutional Court on the other hand has

reinforced the authority of Court of Justice
precedent by holding, in Judgment No 113 of
23 April 1985 _BECA_ ( [3] ) that the obligation on a
court to give directly applicable Community law
precedence over national law, even where the
national law was adopted more recently, which was
outlined in the Constitutional Court's judgment of
8 June 1984 _Granital_ (see point 2 above), applied in
the same way where the national law was contrary
to a principle developed by the Court of Justice in
preliminary rulings interpreting Community law.

```
9. LUXEMBOURG

```

On the question of _primacy_ the Luxembourg courts
follow a precedent established in a judgment delivered by
the Cour Superieure de Justice on 14 July 1954 ("),
which accepted that a Treaty ranked higher than
domestic law and that in the event of conflict between an

international treaty and a more recent national law,
international law had to prevail over domestic law (for
Cummunity law see Conseil d'Etat, Judgment of 21
November 1984 _Bellion v. Ministere_ _de la fonction_
_publique^)._ The direct effect of Community law has
been expressly accepted by the Luxembourg courts
(Conseil d'Etat, Judgment of 21 November 1984 already
referred to, and Cour d'Appel, Judgment of 2 May 1985,
_BNP v. Stoffel(_ _[b]_ _)._ There has been no specific problem in
the use made by Luxembourg courts of the _preliminary_
_ruling_ procedure.

(') Judgments No 4686 and 5266. The Corte di Cassazione
there held that directives bound only states, and had no
direct effect within the domestic legal order. Any
divergence between the national provision and the directive
was a matter of the international responsibility of the state.
( [2] ) Judgment No 504. The Consiglio di Stato said that jurisdiction in disputes concerning the obligation of a Member
State to adapt its legislation to EEC Directives lay with the
international courts (sic).
O _Foro it._ 1985, I, 1600.
( [4] ) _Pas. Lux._ XVI, p. 150.
( [5] ) _Pas. Lux._ XXVI, p. 174.
( [6] ) _Pas, Lux._ XXVI, 273.

10. NETHERLANDS

1. The principle of the _primacy_ of international treaties
and of decisions of international organizations over
national law is expressly laid down in Article 94 of the

Constitution (last revised 1983). Article 94 states that

national law is not to apply if it is incompatible with
provisions of a self executing nature in treaties or
decisions of international organizations. Under Article
93 of the Constitution such provisions have binding
force only after they been published. For Community
rules, publication in the Official Journal of the
Communities is sufficient ( [7] ).

The superior courts in the Netherlands have accepted
the primacy of Community law on the basis either of
its nature ( [8] ) or of Article 94 ('). The primacy of
Community law and the _direct_ _effect_ of secondary
Community legislation, including directives, have not
given rise to any great difficulty before the Dutch
courts ( [10] ).

2. The use made by the Dutch courts of the reference
for a _preliminary_ _ruling_ has not raised any major
problem from a European point of view. The Supreme
Court (Hoge Raad) has applied the _acte clair_ theory
only very exceptionally ( [n] ). It was a question referred
by that Court which led to the first application of the
_acte eclaire_ theory ( [12] ), according to which a national
court is not bound to refer a question to the Court of
Justice if the Court of Justice has already had
occasion to rule on the point.

11. PORTUGAL

Theoretically there is a danger in the fact that the
Portuguese Constitution of 1976, revised in 1982, allows

O Article 7 of the Law of 22 June 1961, Stb. 207.
( [8] ) Cass. crim. 18. 5. 1962 (Bosch) N.J. 1965, nr. 115; direct
effect of Articles 85 and 86 of trie EEC Treaty.
C) Centrale Raad van Beroep, 19 November 1963, and Tariefcommissie, 21 December 1965, cited by G. Bebr, 'How
supreme is Community Law?' in _Common Market_ _Law_
_Review_ 1974, 3.
( [10] ) The President of the Hague Gerechtshof, or Regional
Court of Appeal, even ordered the national legislature to
implement the Third Directive on social security (equal
treatment of men and women) because it contained
provisions having direct effect and the deadline for
implementation had passed. This judgment was annulled on
the ground that it disregarded the separation of powers:
N.J. 1985, 262-263.

(") H.R. 20 February 1985, BNB 1985/128. See further M.R.
Mok, 'Experience of the Netherlands Courts in applying
the preliminary proceedings of Article 177 EEC,' _in Papers_
_of the Asser Institute Colloquium on European Law,_ 15th
session 1985.

(") Cases 28, 29 and 30/62 _Da Costa & Schaake_ (1963) ECR
31.

No C 330/158 Official Journal of the European Communities 30. 12. 89

_a posteriori_ review of the constitutionality of provisions
of internal treaties or conventions (Article 280). But it is
reasonable to suppose that if any objection of unconstitutionality were to be raised before the Constitutional
Court in respect of Community law the Court would
dismiss it, as the Italian and German constitutional

courts have done.

The Portuguese Constitution explictly states that international law is to have direct effect (Article 8). And the
courts have generally accepted the principle of the
primacy of international law (cf. e.g. the Constitutional
Court's judgment of 19 June 1984 in Case 107/83 ( [1] )).

The only judgment on a question of Community law so
far delivered by a Portuguese court (the Coimbra Court
of Appeal, 13 July 1986) confirmed the principles of
_primacy_ and _direct effect_ without qualification ( [2] ).

It would be premature to comment on the use made of
the _preliminary_ _ruling_ procedure at this stage; no
reference for a preliminary ruling has yet been made.

12. UNITED KINGDOM

1. The UK constitutional practice with regard to treaties
is based on a rigorous separation between the powers
of the executive and of the legislature. The conclusion
of an international treaty is within the exclusive
competence of the Crown, but without Parliamentary
involvement a treaty has effect in international law
only. To give effect to it in domestic law a specific
Act of Parliament is required. In order to accede to
the Communities, therefore, the Accession Treaty had
first to be ratified by the Queen, and Parliament had
then to pass the European Communities Act, which
made the Treaties part of the domestic legal system.
The Act sought to overcome difficulties in the
implementation of Community law which derived
from the dualist tradition and the principle that a
parliament cannot bind a future one. Section 2 (1) of
the European Communities Act affirms the principle
of direct applicability. The principle of primacy is
given effect in pragmatic terms by Section 2 (4),
which obliges the authorities to construe and apply
national legislation, even later legislation, in such a
way that Community law has effect. Section 3 (1),
which stipulates that questions of Community law
must be determined in accordance with the judgments
of the

(') D.R. II, 29 December 1984, p. 11.681.
( [2] ) It is interesting to note that the Community legislation in

question was a directive which had not yet been transposed
into Portuguese law.

Court of Justice, not only affirms the principle of the
uniformity of judicial interpretation of Community
law but also strengthens direct applicability and
primacy, as principles laid down in the judgments of
the Court. The only weak point in the structure is
that the European Communities Act could itself be
repealed or amended by Parliament.

In _Blackburn_ _v._ _Attorney_ _General_ (1971) ( [3] ) and
_McWhirter_ _v._ _Attorney General (1972) (")_ the Court of
Appeal dismissed two actions brought in respect of
the accession procedure, the first one based on the
partial but irreversible abandonment of sovereignty
and the second on an alleged incompatibility with the
1688 Bill of Rights. In _Gibson_ _v._ _Lord_ _Advocate_
(1975) ( [5] ) the Scottish Court of Session dismissed an
action against the European Communities Act based
on the intention that it was contrary to the Act of
Union of 1707.

2. The _primacy_ of Community law has been upheld by
UK courts on the basis of the European Communities
Act. The first such judgment was that of the
Chancery Division of the High Court in _Aero Zipp_
_Fasteners_ _v. YKK_ _Fasteners,_ _(1973) (_ _[6]_ _)._ In the judgment
of the Court of Appeal in _Shields_ _v._ _Coombes_
(1978) ( [7] ), Lord Denning referred not to Section 2 (4)
but rather to Section 3 (1), which obliges the courts
to act in accordance with the principles laid down by
the Court of Justice; these include direct applicability
and primacy. In the judgment of the Court of Appeal
in _Macartbys_ _v._ _Smith_ (1979) ( [8] ) Lord Denning reaffirmed the principle, but remarked _obiter_ that if one
day Parliament were deliberately to pass legislation
with the intention of repudiating the Treaty, or any
provision of it, and to say so in explicit terms, he
would have taken the view that the duty of UK courts
was to follow that legislation. This qualification
appears primarily to be a mark of respect for the
traditional principle of the sovereignty of Parliament.
In any event the situation described has never yet
arisen.

The House of Lords applied the EEC Treaty in a case
of apparent conflict with a subsequent Act of
Parliament in _Garland_ _v._ _British Rail_ _Engineering_
(1982) (').

( [3] ) _Common Market_ _Law_ _Reports_ 1971, 784.
( [4] ) _Ibid._ 1972, 882.

O _Ibid._ 1975, 563.
( [6] ) _Ibid._ 1973, 819.

O (1978) I WLR 1408.

(') (1979) 3 All ER 325; Case 129/79 (1980) ECR 1275; _The_

_Times,_ _18_ _April_ _1980._
O (1982) 2 WLR918.

30. 12. 89 Official Journal of the European Communities No C 330/159

But the thinking in that decision was not in terms of
primacy. Lord Diplock simply pointed out that legislation was as far as possible to be interpreted in
accordance with international obligations (a principle
which applied _a fortiori_ in the case of obligations
imposed by the Community Treaties referred to in
Section 2 of the European Communities Act). And the
disputed provision could be interpreted in accordance
with the Treaty without unduly straining the ordinary
meaning of the language used.

3. UK courts have not generally had any difficulty with
the principle of _direct effect._

But although they do accept the principle, the courts
have not awarded damages for loss caused by an act
of general scope which was contrary to the Treaties.
In _Bourgoin v. Ministry of Agriculture, Fisheries and_
_Food_ (1985) O the Court of Appeal dismissed such a
claim submitted by producers and importers of French
turkeys who had suffered loss as a result of an import
ban imposed by the Ministry of Agriculture which
was stated to be necessary on health grounds but
which was in reality contrary to Article 30 of the EEC
Treaty. The Court said that domestic law did not
attribute any liability to the Government in such
circumstances, and observed that the Court of Justice
itself limited the liability of the Community
institutions. The applicants appealed to the House of
Lords, but accepted compensation of about
£ 3 500 000 in an out-of-court settlement.

4. Initially the UK courts were slow to make use of the
reference for a _preliminary ruling,_ but they have since
come to use it very frequently, particularly in order to
establish whether some Community provision has
direct effect in cases where national law may be
incompatible with it: they seek to rely on the Court's
authority before declining to apply an act of
Parliament.

As far as compliance with judgments of the Court of
Justice is concerned there is one case of apparent
incompatibility _(Santillo v. Home Secretary,_ 1980) ( [2] )
but it seems that what happened here was rather that
the national court was taking a position within a
margin of discretion allowed it by the judgment of the
Court of Justice.

(') (1985) 3 WLR 1027.
( [2] ) _Common Market Law_ _Reports,_ 7 October 1980, 212.

III. Conclusions

Without the loyal cooperation of the national courts, the
Treaties and acts of the Community institutions would
not have been satisfactorily applied. But if there were to
be such cooperation on the part of an institution of the
State as independent as the judiciary the judges had to
understand the significance and purpose of the new
Community reality and give their own assent to the
changes it imposed.

The process was not an easy one. The Member States
had never previously accepted such far-reaching limitations on their sovereignty. In countries with a dualist
tradition such as Germany, Italy or the UK, but in others
too, it was not easy at the outset to accept that
Community law was to have direct effect and to prevail
over national law. Supposedly supreme courts were
everywhere unhappy at the obligation to seek an interpretation of the law from another court outside their
own legal order which would then be binding on them.

This explains why there was some resistance: the
German Constitutional Court claimed the authority to
declare inapplicable Community acts which infringed
fundamental rights; the Italian Constitutional Court
initially refused to accept the primacy of Community
law, and the French Conseil d'Etat still does so; the _acte_
_clair_ theory has been abused; there has been a reluctance
to accept the direct effect of directives; the French
Conseil d'Etat and the German Bundesfinanzhof have

refused to recognize the binding character of some
decisions of the Court of Justice.

Today most of these heterodox positions have been
abandoned. Some less fundamental breaches persist such
as the abuse of the _acte clair_ theory; others, such as the
Bundesfinanzhof's approach, are disappearing; and lastly
there is the well-known refusal of the French Conseil

d'Etat to allow Community law to prevail over more
recent domestic law and to accept certain Court
judgments.

The overall picture is thus a very positive one,
particularly if the present situation is compared with the
initial hesitant approaches; in retrospect one can see just
how much progress has been made.

But worrying conflicts persist. This raises the question of
the remedies available to the Commission.

In the positions it defends in relation to the Member
States, even pursuant to Article 169 of the EEC Treaty,

No C 330/160 Official Journal of the European Communities 30. 12. 89

the Commission avoids any challenge to the independence of the judiciary. It confines itself to demanding
that in court proceedings councel for the government
should defend positions in line with Community law, and
that if the judgments of national courts depart from
Community law governments should take all appropriate
measures to eliminate any practical effects incompatible
with Community law.

The Commission also encourages judicial interpretation
in the Member States to develop in the right direction by

promoting studies, articles, lectures, seminars and
debates aimed at informing and convincing judicial
circles. Since 1986 the European Parliament has had
significant judgments of national courts of final instance
brought to its attention in this review of the subject in
the annual monitoring report.

These efforts to improve the situation must be pursued
unremittingly, particularly as the single market
approaches; it is vital that Community rules be enforced
in the national courts.