CELEX: C1998/209/05
Language: en
Date: 1998-07-04 00:00:00
Title: JUDGMENT OF THE COURT of 2 April 1998 in Case C-367/95 P: Commission of the European Communities v. Chambre Syndicale Nationale des Entreprises de Transport de Fonds et Valeurs (Sytraval) and Brink's France SARL (Appeal - State aid - Complaint by a competitor - Commission's obligations concerning the investigation of a complaint and the provision of reasons for rejecting it)

4.7.98               EN                 Official Journal of the European Communities                                      C 209/3
Wales for a preliminary ruling in the proceedings pending          Philippe Sands and Mark Hoskins, Barristers, instructed
before that court between The Queen and Commissioners              by Leigh, Day & Co., Solicitors, with an address for
of Customs and Excise, ex parte EMU Tabac SARL, The                service in Luxembourg at the Chambers of Jean-Paul
Man in Black Limited and John Cunningham; intervener:              Noesen, 18 Rue des Glacis Ð appeal against the order of
Imperial Tobacco Ltd Ð on the interpretation of Council            the Court of First Instance of the European Communities
Directive 92/12/EEC of 25 February 1992 on the general             (First Chamber) of 9 August 1995 in Case T-585/93
arrangements for products subject to excise duty and on            Greenpeace and Others v. Commission [1995] ECR
the holding, movement and monitoring of such products              II-2205, seeking to have that order set aside, the other
(OJ L 76 of 23.3.1992, p. 1), as amended by Council                party to the proceedings being Commission of the
Directive 92/108/EEC of 14 December 1992 (OJ L 390 of              European Communities (Agent: Peter Oliver), supported
31.12.1992, p. 124) Ð the Court, composed of: G. C.                by Kingdom of Spain (Agents: Alberto JoseÂ Navarro
Rodríguez Iglesias, President, H. Ragnemalm, M. Wathelet           GonzaÂlez and Gloria Calvo Díaz) Ð the Court, composed
and R. Schintgen (Presidents of Chambers), G. F. Mancini,          of: G. C. Rodríguez Iglesias, President, C. Gulmann,
J. C. Moitinho de Almeida, J. L. Murray (Rapporteur), J.-          H. Ragnemalm, M. Wathelet (Presidents of Chambers),
P. Puissochet, G. Hirsch, P. Jann and L. Sevón, Judges;            G. F. Mancini, J. C. Moitinho de Almeida (Rapporteur),
D. Ruiz-Jarabo Colomer, Advocate General; D.                       P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward, J.-P.
Louterman-Hubeau, Principal Administrator, for the                 Puissochet, G. Hirsch, P. Jann and L. Sevón, Judges;
Registrar, has given a judgment on 2 April 1998, in which          G. Cosmas, Advocate General; for the Registrar, has given
it has ruled:                                                      a judgment on 2 April 1998, in which it:
                                                                   1. Dismisses the appeal.
Council Directive 92/12/EEC of 25 February 1992 on the
general arrangements for products subject to excise duty
and on the holding, movement and monitoring of such
products, as amended by Council Directive 92/108/EEC               2. Orders the appellants to pay the costs.
of 14 December 1992, must be interpreted as not
precluding the levying of excise duty in Member State A
on goods released for consumption in Member State B,               3. Orders the Kingdom of Spain to bear its own costs.
where the goods were acquired from a company, X, for
the use of private individuals in Member State A, through          (1) OJ C 315 of 25.11.1995.
a company, Y, acting in return for payment as agent for
those individuals, and where transportation of the goods
from Member State B to Member State A was also
arranged by company Y on behalf of those individuals and
effected by a professional carrier charging for his services.
(1) OJ C 299 of 11.11.1995.                                                      JUDGMENT OF THE COURT
                                                                                          of 2 April 1998
                                                                   in Case C-367/95 P: Commission of the European
                                                                   Communities v. Chambre Syndicale Nationale des Entre-
                                                                   prises de Transport de Fonds et Valeurs (Sytraval) and
                                                                                      Brink's France SARL (1)
              JUDGMENT OF THE COURT                                (Appeal Ð State aid Ð Complaint by a competitor Ð
                                                                   Commission's obligations concerning the investigation of a
                       of 2 April 1998                                complaint and the provision of reasons for rejecting it)
in Case C-321/95 P: Stichting Greenpeace Council                                           (98/C 209/05)
(Greenpeace International) and Others v. Commission of
the European Communities, supported by Kingdom of
                           Spain (1)                                              (Language of the case: French)
(Appeal Ð Natural or legal persons Ð Measures of direct
              and individual concern to them)
                                                                     (Provisional translation; the definitive translation will be
                        (98/C 209/04)                                       published in the European Court Reports)
               (Language of the case: English)                     In Case C-367/95 P: Commission of the European
                                                                   Communities (Agents: Jean-Louis Dewost, Jean-Paul
                                                                   Keppenne and Michel Nolin), supported by French
                                                                   Republic (Agents: Catherine de Salins and Jean-Marc
In Case C-321/95 P: Stichting Greenpeace Council                   Belorgey), Federal Republic of Germany (Agents: Ernst
(Greenpeace International) and Others, represented by              Röder and Bernd Kloke), Kingdom of Spain (Agent:
 ---pagebreak--- C 209/4               EN                  Official Journal of the European Communities                                       4.7.98
Gloria Calvo Díaz) and Kingdom of the Netherlands                    Judges; F. G. Jacobs, Advocate General; H. von Holstein,
(Agent: Marc Fierstra) Ð appeal against the judgment of              Deputy Registrar, for the Registrar, has given a judgment
the Court of First Instance of the European Communities              on 2 April 1998, in which it has ruled:
(Fourth Chamber, Extended Composition) of 28 September
1995 in Case T-95/94 Sytraval and Brink's France v.
Commission [1995] ECR II-2651, seeking to have that                  The first paragraph of Article 95 of the EC Treaty
judgment set aside, the other parties to the proceedings             precludes an excise duty which forms part of a national
being Chambre Syndicale Nationale des Entreprises de                 system of taxation on sources of energy from being levied
Transport de Fonds et Valeurs (Sytraval) and Brink's                 on electricity of domestic origin at rates which vary
France SARL Ð the Court, composed of G. C. Rodríguez                 according to its method of production while being levied
Iglesias, President, C. Gulmann (Rapporteur), H.                     on imported electricity, whatever its method of
Ragnemalm and M. Wathelet (Presidents of Chambers),                  production, at a flat rate which, although lower than the
G. F. Mancini, J. C. Moitinho de Almeida, P. J. G.                   highest rate applicable to electricity of domestic origin,
Kapteyn, J. L. Murray, D. A. O. Edward, J.-P. Puissochet,            leads, if only in certain cases, to higher taxation being
G. Hirsch, P. Jann and L. Sevón, Judges, C. O. Lenz,                 imposed on imported electricity.
Advocate General; R. Grass, Registrar, has given a
judgment on 2 April 1998 in which it:                                (1) OJ C 247 of 24.8.1996.
1. Dismisses the appeal.
2. Orders       the    Commission       of    the    European
     Communities, the Federal Republic of Germany, the
     Kingdom of Spain, the French Republic and the                                 JUDGMENT OF THE COURT
     Kingdom of the Netherlands to bear their own costs.                                    of 28 April 1998
                                                                     in Case C-120/95: (reference for a preliminary ruling from
(1) OJ C 16 of 20.1.1996.                                            the Conseil Arbitral des Assurances Sociales): Nicolas
                                                                         Decker v. Caisse de Maladie des EmployeÂs PriveÂs (1)
                                                                     (Free movement of goods Ð Articles 30 and 36 of the EC
                                                                     Treaty Ð Reimbursement of medical expenses incurred in
                                                                     another Member State Ð Prior authorisation of the
                                                                           competent institution Ð Purchase of spectacles)
              JUDGMENT OF THE COURT                                                          (98/C 209/07)
                       of 2 April 1998
in Case C-213/96 (reference for a preliminary ruling from                           (Language of the case: French)
the Uudenmaan Lääninoikeus): proceedings brought by
                      Outokumpu Oy (1)
(Excise duty on electricity Ð Rates of duty varying                    (Provisional translation; the definitive translation will be
according to the method of producing electricity of                           published in the European Court Reports)
    domestic origin Ð Flat rate for imported electricity)
                        (98/C 209/06)                                In Case C-120/95: reference to the Court under Article 177
                                                                     of the EC Treaty from the Conseil Arbitral des Assurances
                                                                     Sociales    (Social     Insurance     Arbitration     Council)
               (Language of the case: Finnish)                       (Luxembourg) for a preliminary ruling in the proceedings
                                                                     pending before that tribunal between Nicolas Decker and
                                                                     Caisse de Maladie des EmployeÂs PriveÂs Ð on the
  (Provisional translation; the definitive translation will be       interpretation of Articles 30 and 36 of the EC Treaty Ð
         published in the European Court Reports)                    the Court, composed of G. C. Rodríguez Iglesias,
                                                                     President, C. Gulmann and H. Ragnemalm (Rapporteur),
                                                                     (Presidents of Chambers), G. F. Mancini, J. C. Moitinho
In Case C-213/96: reference to the Court under Article 177           de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
of the EC Treaty from the Uudenmaan Lääninoikeus                     Edward, J.-P. Puissochet, G. Hirsch and P. Jann, Judges;
(Uusimaa Provincial Administrative Court), Finland, for a            G. Tesauro, Advocate General; D. Louterman-Hubeau,
preliminary ruling in the proceedings pending before that            Principal Administrator, for the Registrar, has given a
court brought by Outokumpu Oy Ð on the interpretation                judgment on 28 April 1998, in which it has ruled:
of Articles 9, 12 and 95 of the EC Treaty Ð the Court,
composed of: G. C. Rodríguez Iglesias, President, C.
Gulmann, H. Ragnemalm and R. Schintgen (Rapporteur)                  Articles 30 and 36 of the EC Treaty preclude national
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho              rules under which a social security institution of a
de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.                 Member State refuses to reimburse to an insured person
Edward, J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón,           on a flat-rate basis the cost of a pair of spectacles with