CELEX: C1995/159/06
Language: en
Date: 1995-06-24 00:00:00
Title: JUDGMENT OF THE COURT of 10 May 1995 in Case C-384/93 (reference for a preliminary ruling from the College van Beroep voor het Bedrijfsleven): Alpine Investments BV v. Minister van Financiën (Freedom to provide services - Article 59 of the EEC Treaty - Prohibition of cold calling by telephone for financial services)

24 . 6 . 95              EN                 Official Journal of the European Communities                                 No C 159/3
      the laws of the Member States concerning                              Republic of Germany has failed to fulfil its obligations
      telecommunications terminal equipment, including the                  under Directives 75/442/EEC and 78/319/EEC;
      mutual recognition of their conformity, the Kingdom of
      Belgium has failed to fulfil its obligations under               2 , for the rest, dismisses the application;
      Article 1 89 of the EC Treaty and Article 1 7 of Directive
      9 1 /263 /EEC;
                                                                       3 , orders the parties to bear their own costs.
2 , orders the Kingdom of Belgium to pay the costs.
                                                                       (M   OJ No  C 35 , 9 . 2 . 1993 .
                                                                       (2)  OJ No  L 194 , 25 . 7 . 1975 , p . 39 .
( ! ) OJ No C 275 , 1 . 10 . 1994 .                                    (3 ) OJ No  L 84, 31 . 3 . 1978 , p . 43 .
( 2 ) OJ No L 128 , 23 . 5 . 1991 , p . 1 .                            (4)  OJ No  L 326, 13 . 12 . 1984 , p . 31
                                                                       (5)  OJ No  L 181 , 4 . 7 . 1986 , p . 13 .
                 JUDGMENT OF THE COURT
                          of 10 May 1995                                             JUDGMENT OF THE COURT
in Case C-422/92 : Commission of the European                                                     of 10 May 1995
       Communities v. Federal Republic of Germany (*)                  in Case C-384/93 (reference for a preliminary ruling from
(Failure by a Member State to fulfil its obligations —                 the College van Beroep voor het Bedrijfsleven ): Alpine
 Transposition of the Directives on waste, toxic and                           Investments BV v. Minister van Financiën (M
dangerous waste and the transfrontier shipment of                      (Freedom to provide services — Article 59 of the EEC
                          hazardous waste)                             Treaty — Prohibition of cold calling by telephone for
                            ( 95/C 159/05 )                                                       financial services)
                                                                                                    ( 95/C 159/06 )
                  (Language of the case: German)
                                                                                       (Language of the case: Dutch)
(Provisional translation; the definitive translation will be
            published in the European Court Reports)                   (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
In Case C-422/92 : Commission of the European
Communities (Agents : Rolf Wàgenbaur, assisted by                      In Case C-384/93 : reference to the Court under Article 177
Alexander Bohlke, of the Brussels Bar ) v. Federal Republic
                                                                       of the EEC Treaty from the College van Beroep voor het
of Germany (Agents : Ernst Roder and Ludger-Anselm
                                                                       Bedrijfsleven ( Administrative Court for Trade and Industry)
Versteyl, Rechtsanwalt, Burgwedel ) — application for a
                                                                       for a preliminary ruling in the proceedings pending before
declaration that, by failing to bring into force all the
                                                                       that court between Alpine Investments BV and Minister van
measures needed to transpose Council Directive
                                                                       Financiën — on the interpretation of Article 59 of the EEC
75/442/EEC of 15 July 1975 on waste ( 2), Council Directive
                                                                       Treaty — the Court, composed of G. C. Rodriguez Iglesias,
78/319/EEC of 20 March 1978 on toxic and dangerous
waste ( 3 ), Council Directive 84/63 1 /EEC of 6 December              President, F. A. Schockweiler, P. J. G. Kapteyn and C.
                                                                       Gulmann, Presidents of Chambers, G. F. Mancini, J. C.
1984 on the supervision and control within the European
                                                                       Moitinho de Almeida, J. L. Murray, D. A. O. Edward
Community of the transfrontier shipment of hazardous
waste ( 4 ) and Council Directive 86/279/EEC of 12 June                ( Rapporteur ) and J. -P. Puissochet, Judges; F. G. Jacobs,
                                                                       Advocate-General; L. Hewlett, Administrator, for the
1986 amending Directive 84/631/EEC ( 5 ), the Federal
Republic of Germany has failed to fulfil its obligations               Registrar, gave a judgment on 10 May 1995 , the operative
                                                                       part of which is as follows :
under the EEC Treaty — the Court, composed of G. C.
Rodriguez Iglesias , President, F. A. Schockweiler and C.
Gulmann ( Presidents of Chambers ), G. F. Mancini, J. C.               1 . On a proper construction, Article 59 of the EEC Treaty
Moitinho de Almeida, J. L. Murray, D. A. O. Edward , J. -P.                 covers services which the provider offers by telephone to
Puissochet ( Rapporteur ) and G. Hirsch, Judges ; F. G.                     potential recipients established in other Member States
Jacobs , Advocate-General; D. Louterman-Hubeau,                             and provides without moving from the Member State in
Principal Administrator, for the Registrar, has given a                     which he is established.
judgment on 10 May 1995 , in which it:
                                                                       2 . Rules of a Member State which prohibit providers of
1 , declares that, by excluding certain categories of                       services established in its territory from making
      recyclable waste from the scope of its legislation on the             unsolicited telephone calls to potential clients
      disposal of waste and by failing to draw up, keep up to               established in other Member States in order to offer their
      date, publish or notify to the Commission within the                  services constitute a restriction on freedom to provide
      prescribed period the plans for the disposal of toxic and             services within the meaning of Article 59 of the
      dangerous waste for certain regions, the Federal                      Treaty.
 ---pagebreak--- No C 159/4              EN                 Official Journal of the European Communities                                        24 . 6 . 95
3 . Article 59 does not preclude national rules which, in                             JUDGMENT OF THE COURT
      order to protect investor confidence in national financial                                 ( Sixth Chamber)
      markets, prohibit the practice of making unsolicited
      telephone calls to potential clients resident in other                                    of 18 May 1995
      Member States to offer them services linked to                  in Case C-327/92 (reference for a preliminary ruling from
      investment in commodities futures.                              the Raad van Beroep, The Hague ): Rheinhold & Mahla
                                                                      NV v. Bestuur van de Bedrijfsvereniging voor de
                                                                                              Metaalnijverheid ( a )
(!) OJ No C 256 , 21 . 9 . 1993 .
                                                                      (Social security — Duty of a main contractor to pay
                                                                            contributions not paid by a defaulting subcontractor)
                                                                                                    ( 95/C 159/08 )
                                                                                        (Language of the case: Dutch)
                                                                      (Provisional translation; the definitive translation will be
                JUDGMENT OF THE COURT
                                                                                 published in the European Court Reports)
                         of 10 May 1995
in Case C-417/93 : European Parliament v. Council of the
                       European Union (*)                             In Case C-327/92 : reference to the Court under Article 177
                                                                      of the EC Treaty by the Raad van Beroep ( Social Security
(Technical assistance to the independent States of the                Court ), The Hague ( Netherlands ), for a preliminary ruling
former Soviet Union and to Mongolia — Consultation of                 in the proceedings pending before that court between
                          the Parliament)                             Rheinhold        &    Mahla         NV       and Bestuur  van     de
                           ( 95/C 159/07 )                            Bedrijfsvereniging voor de Metaalnijverheid ( Board of the
                                                                      Professional and Trade Association for the Metal Industry)
                                                                      on the interpretation of Council Regulation ( EEC )
                 (Language of the case: French)                       No 1408/71 of 14 June 1971 on the application of social
                                                                      security schemes to employed persons, to self-employed
                                                                      persons and to members of their families moving within the
(Provisional translation; the definitive translation will be          Community, as consolidated by Council Regulation ( EEC )
          published in the European Court Reports)                    No 2001 /83 of 2 June 1983 (2 ) and of Article 51 of the EEC
                                                                      Treaty — the Court ( Sixth Chamber ), composed of F. A.
                                                                      Schockweiler, President of the Chamber, P. J. G. Kapteyn,
In Case C-417/93 : European Parliament (Agent: C.                     G. F. Mancini, C. N. Kakouris , and J. L. Murray
Pennera ) v. Council of the European Union ( Agents : A. A.           ( Rapporteur ), Judges; C. Gulmann, Advocate-General;
Dashwood and C. Giorgi ) — application for the annulment              H. A. Riihl, Principal Administrator, for the Registrar, has
of Council Regulation ( Euratom, EEC ) No 2053/93 of                  given a judgment on 18 May 1995 , in which it has
19 July 1993 concerning the provision of technical                    ruled :
assistance to economic reform and recovery in the
independent States of the former Soviet Union and
Mongolia ( 2 ) — the Court, composed of G. C. Rodriguez                I. Council Regulation (EEC) No 1408/71 of 14 June 1971
Iglesias, President, F. A. Schockweiler, P. J. G. Kapteyn, C.                on the application of social security schemes to
Gulmann, P. Jann ( Presidents of Chambers ), G. F. Mancini,                  employed persons, to self-employed persons and to
C. N. Kakouris ( Rapporteur ), J. C. Moitinho de Almeida,                    members of their families moving within the
J. L. Murray, D. A. O. Edward, J. -P. Pui'ssochet, G. Hirsch                 Community, as consolidated by Council Regulation
and L. Sevôn, Judges; P. Léger, Advocate-General; L.                         (EEC) No 2001 /83 of2 June 1 983, applies to legislation
Hewlett, Administrator, for the Registrar, gave a judgment                   which, like the Coordinatiewet Sociale Verzekering,
on 10 May 1995 of which the operative part is as                             coordinates the various branches of social security in a
follows :                                                                    Member State.
                                                                      2 . Provisions which, like Article 16b (5) and Article 16b (8)
1 , the application is dismissed;
                                                                             ofthe Coordinatiewet Sociale Verzekering, make a main
                                                                             contractor liable for social security contributions left
                                                                             unpaid by a defaulting subcontractor do not fall within
2 , the Parliament is ordered to pay the costs.
                                                                             the scope of Regulation (EEC) No 1408/71 .
í 1 ) OJ No C 306 , 12 . 11 . 1993 .                                  í 1 ) OJ No C 228 , 4 . 9 . 1992 .
(2 ) OJ No L 187, 29 . 7. 1993 , p. 1 .                                ( 2 ) OJ No L 230 , 22 . 8 . 1983 , p . 6 .