Source: EURLEX
Language: en
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22 . 2 . 97 EN [ Official Journal of the European Communities No C 54 / 1

I

( Information )

# COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

of 3 December 1996

in Case C-268 / 94 Portuguese Republic v. Council of the

European Union ( ! )

( Cooperation Agreement between the European
Community and the Republic of India — Development
cooperation — Respect for human rights and democratic
principles — Cooperation in the fields of energy, tourism,

culture, drug abuse control and protection of intellectual
property — Competence of the Community — Legal

Edward, J. - P. Puissochet, G. Hirsch, P. Jann and M.
Wathelet, Judges ; A. La Pergola, Advocate-General ; H.
von Holstein, Deputy Registrar, has given a judgment on
3 December 1996 in which it :

1 . dismisses the application ;

2 . orders the Portuguese Republic to pay the costs ;

— 3 . orders the Kingdom of Denmark, the Hellenic

basis ) Republic, the United Kingdom of Great Britain and

( 97 / C 54 / 01 ) Northern Ireland, and the Commission of the
European Communities to bear their own costs .

basis )

( Language of the case : Portuguese )

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In case C-268 / 94 : Portuguese Republic ( Agents : Joao
Mota de Campos, Luis Fernandes and Maria Luisa
Duarte, supported by the Hellenic Republic ( Agents :
Aikaterini Samoni-Rantou and Georgios Karipsiadis ) v.
Council of the European Union ( Agents : Jorge Monteiro
and Antonio Tanca ), supported by the Kingdom of
Denmark ( Agent : Peter Biering ), the United Kingdom of
Great Britain and Northern Ireland ( Agent : Lindsey
Nicoll ) and by the Commission of the European
Communities ( Agents : Claire Bury and Ana Maria Alves
Vieira ) — application for annulment of Council Decision

94 / 578 / EC of 18 July 1994 concerning the conclusion of
the Cooperation Agreement between the European
Community and the Republic of India on partnership and
development ( OJ No L 223, 27 . 8 . 1994, p. 23 ) — the
Court, composed of : G. C. Rodriguez Iglesias, President,
G. F. Mancini, J. C. Moitinho de Almeida, J. L. Murray
and L. Sevon ( Rapporteur ) ( Presidents of Chambers ), C. N.
Kakouris, P. J. G. Kapteyn, C. Gulmann, D. A. O.

(■) OJ No C 316, 12 . 11 . 1994 .

JUDGMENT OF THE COURT

of 12 December 1996

in Case C-302 / 94 ( reference for a preliminary ruling from
the High Court of Justice ( Queen 's Bench Division )): The
Queen v. Secretary of State for Trade and Industry, Ex

parte : British Telecommunications pic (')

( Telecommunications — Directive on open network
provision — Special or exclusive rights — Directive on

leased lines — Provision of a minimum set of leased lines )

( 97 / C 54 / 02 )

( Language of the case : English )

In Case C-302 / 94 : reference to the Court under Article 177

of the EC Treaty from the High Court of Justice ( Queen 's

No C 54 / 2 EN Official Journal of the European Communities 22 . 2 . 97

Bench Division ) for a preliminary ruling in the
proceedings pending before that court between the Queen
and Secretary of State for Trade and Industry, Ex parte :
British Telecommunications pic — on the interpretation
of Council Directive 90 / 387 / EEC of 28 June 1990

on the establishment of the internal market for

telecommunications services through the implementation
of open network provision ( OJ No L 192, 24 . 7 . 1990,
p. 1 ) and on the interpretation and validity of Council
Directive 92 / 44 / EEC of 5 June 1992 on the application of
open network provision to leased lines ( OJ No L 165,
19 . 6 . 1992, p. 27 ) — the Court, composed of : G. C.
Rodriguez Iglesias, President, G. F. Mancini and J. C.
Moitinho de Almeida ( Presidents of Chambers ), C. N.
Kakouris, C. Gulmann, D. A. O. Edward, J. - P. Puissochet

( Rapporteur ), P. Jann and H. Ragnemalm, Judges ; G.
Tesauro, Advocate-General ; L. Hewlett, Administrator, for
the Registrar, gave a judgment on 12 December 1996, the
operative part of which is as follows :

1 . Council Directive 92 / 44 / EEC of 5 June 1992 on the
application of open network provision to leased lines
applies to telecomunications organizations within the
meaning of Article 2 ( 1 ) of Council Directive 90 / 387 /
EEC of 28 June 1990 on the establishment of the

internal market for telecommunications services
through the implementation of open network
provision . Inter alia, the two undertakings to which a
Member State has reserved, otherwise than according
to objective, proportional and non-discriminatory
criteria, the operation of international and in
particular intra   - Community telecommunications lines
and likewise the undertaking to which a Member State
has reserved, on the same terms, the operation of a
public telecommunications network in part of its
territory constitute telecommunications organizations
within the meaning of that provision . A Member State
is entitled to impose the obligations laid down in
Article 7 of Directive 92 / 44 / EEC on only some
telecommunications organizations, since the
imposition of those obligations is sufficient to make
available to users throughout the national territory a
minimum number of leased lines complying with the
specifications laid down by that Directive . In
particular, a Member State is entitled to impose the
obligations laid down in that provision on only those
telecommunications organizations which are the
principal operators of telecommuncations lines in each
of the geographical areas comprising its territory .

JUDGMENT OF THE COURT

( Fifth Chamber )

of 12 December 1996

in Case C-3 / 95 ( reference for a preliminary ruling from
the Landgericht Dortmund ): Reisebiiro Broede v. Gerd

Sandker ( 1 )

( Freedom to provide services — Judicial recovery of debts

— Authorization — Article 59 of the EC Treaty )

( 97 / C 54 / 03 )

( Language of the case : German )

( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-3 / 95 : reference to the Court under Article 177

of the EC Treaty by the Landgericht ( Regional Court )
Dortmund ( Germany ), for a preliminary ruling in the
proceedings pending before that court between Reisebiiro
Broede and Gerd Sandker on the interpretation of the
provisions of the EC Treaty relating to freedom to provide
services, in particular Article 59 — the Court ( Fifth
Chamber ), composed of : J. C. Moitinho de Almeida,
President of the Chamber, L. Sevon, D. A. O. Edward

( Rapporteur ), P. Jann and M. Wathelet, Judges ; N. Fenelly,
Advocate-General ; H. A. Riihl, Principal Administrator,
for the Registrar, has given a judgment on 12 December

1996, in which it has ruled :

Article 59 of the EC Treaty does not preclude a national
rule which prohibits an undertaking established in another
Member State from securing judicial recovery of debts
owed to others on the ground that the exercise of that
activity in a professional capacity is reserved to the legal
profession .

(') OJ No C 54, 4 . 3 . 1995 .

JUDGMENT OF THE COURT

( First Chamber )

of 12 December 1996

in Case C-38 / 95 ( reference for a preliminary ruling from
the Corte d'Appello di Ancona ): Ministero delle Finanze v .

Foods Import Srl ( ] )

( Common Customs Tariff — Tariff headings — Fish of

the Molva molva kind )

2 . Examination of the questions referred for a
preliminary ruling has disclosed no factor capable of ( 97 / C 54 / 04 )
affecting the validity of Directive 92 / 44 / EEC .

( Language of the case : Italian )

(') OJ No C 380, 31 . 12 . 1994 . ( Provisional translation ; the definitive translation will be

published in the European Court Reports )

In Case C-38 / 95 : reference to the Court under Article 177

of the EC Treaty by the Corte d'Appello di Ancona, for a