CELEX: C1997/295/06
Language: en
Date: 1997-09-27 00:00:00
Title: JUDGMENT OF THE COURT of 17 July 1997 in Case C-183/95 (reference for a preliminary ruling from the President of the College van Beroep voor het Bedrijfsleven): Affish BV v. Rijksdienst voor de Keuring van Vee en Vlees (Veterinary inspection - Protective measure - Principle of proportionality - Principle of the protection of legitimate expectations - Validity of Commission Decision 95/119/EC)

C 295/4               EN                   Official Journal of the European Communities                                     27 . 9 . 97
                JUDGMENT OF THE COURT                                      provisions similar to those of Article 18 of the
                        ( Sixth Chamber)                                   agreement between the European Economic
                                                                           Community and the Kingdom of Sweden, signed in
                         of 17 July 1997                                   Brussels on 22 July 1972, concluded and approved on
in Joined Cases C-114/95 and C-115/95 (reference for                       behalf of the Community by Council Regulation
a preliminary ruling from the 0stre Landsret): Texaco                      (EEC) No 2838/72 of 19 December 1972 .
A/S v. Middelfart Havn and Others and Olieselskabet
      Danmark amba v. Trafikministeriet and Others (')                3 . Community law does not preclude the imposition by a
  (Maritime transport — Goods duty — Import surcharge)                     Member State of such an import surcharge on goods
                                                                           imported directly from a non-member country with
                          ( 97/C 295/05 )                                  which the Community has not concluded an
                                                                           agreement.
                 (Language of the case: Danish)
                                                                      4 . Where a Member State has imposed or approved a
   (Provisional translation; the definitive translation will be            duty contrary to Community law, it is required in
           published in the European Court Reports)                        principle to repay the duty levied in breach of
                                                                           Community law. If the proceeds of the duty have been
In Joined Cases C-114/95 and C-115/95 : reference to the                   allocated to independent operators subject to local
Court under Article 177 of the EC Treaty from the 0stre                    authority control, it is not contrary to Community law
Landsret (Denmark ) for a preliminary ruling in the                        for the action for repaymemt of those duties to lie
proceedings pending before that court between Texaco A/S                   against such operators, provided that the rules
 and Middelfart Havn, Arhus Havn, Struer Havn, Alborg                      governing such actions are not less favourable than
 Havn, Fredericia Havn, Norre Sundby Havn, Hobro                           those governing similar domestic actions and are not
 Havn, Randers Havn, Abenra Havn, Esbjerg Havn,                            so framed as to render virtually impossible or
 Skagen Havn, Thyboron Havn and between Olieselskabet                      excessively difficult the recovery of duty unduly paid.
 Danmark amba and Trafikministeriet, Fredericia
 Kommune, Koge Havn, Odense Havnevsesen, Holstebro­                   5 . It is not contrary to Community law for a national
 Struer Havn, Vejle Havn, Abenra Havn, Alborg                              limitation period applicable to claims for repayment of
 Havnevassen, Arhus Havnevaesen, Frederikshavn Havn,                       duties levied in breach of Article 95 of the Treaty or a
 Esbjerg Havn on the interpretation of Articles 9 to 13 , 18               provision similar to Article 18 of the agreement
 to 29 , 84, 86 , 90 and 95 of the EEC Treaty, of Council                  concluded between the European Economic
 Regulation ( EEC ) No 4055/86 of 22 December 1986                          Community and the Kingdom of Sweden to run from
 applying the principle of freedom to provide services to                  an earlier point in time than that from which the
 maritime transport between Member States and between                      duties were discontinued.
 Member States and third countries ( OJ L 378 , 31 . 12 .
 1986 , p. 1 ), and of Council Regulation ( EEC) No 4056/86           (') OJ C 159 , 24 . 6 . 1995 .
 of 22 December 1986 laying down detailed rules for the
 application of Articles 85 and 86 of the Treaty to
 maritime transport ( OJ L 378 , 31 . 12 . 1986 , p. 4 ), and of
 Articles 6 and 1 8 of the Agreement between the European
 Economic Community and the Kingdom of Sweden,
 signed in Brussels on 22 July 1972, concluded and
 approved on behalf of the Community by Council                                      JUDGMENT OF THE COURT
 Regulation ( EEC ) No 2838/72 of 19 December 1972 ( OJ,                                         of 17 July 1997
 English Special Edition 1972 ( 31 December), p. 98 ), the
 Court ( Sixth Chamber ), composed of G. F. Mancini,                  in Case C-183/95 (reference for a preliminary ruling from
 President of the Chamber, J. L. Murray and P. J. G.                  the President of the College van Beroep voor het
 Kapteyn ( Rapporteur ), Judges; F. G. Jacobs, Advocate­              Bedrijfsleven): Affish BV v. Rijksdienst voor de Keuring
 General; H. von Holstein, Deputy Registrar, for the                                           van Vee en Vlees H
 Registrar, gave a judgment on 17 July 1997, in which it               (Veterinary inspection — Protective measure — Principle
 has ruled :
                                                                       of proportionality — Principle of the protection of
                                                                       legitimate expectations — Validity of Commission
  1 . It is contrary to Article 95 of the EEC Treaty for a                                    Decision 95/1 19/EC)
      Member State to impose a 40% import surcharge on a
      general duty levied on goods loaded, unloaded, or                                             97/C 295/06 )
      otherwise taken on board or landed within its ports or
      in the deep-water approach channels to its ports where                           (Language of the case: Dutch)
      goods are imported by ship from another Member
      State .
                                                                         (Provisional translation; the definitive translation will be
  2 . Such an import surcharge is also contrary to                              published in the European Court Reports)
      Community law where it is applicable to goods
      imported from a non-member country with which the                In Case C-183/95 : reference to the Court under Article 177
      Community has concluded an agreement containing                  of the EC Treaty from the President of the College van
 ---pagebreak--- 27. 9 . 97             EN                  Official Journal of the European Communities                                      C 295/5
Beroep voor het Bedrijfsleven ( Administrative Court for              2 . orders the appellant to pay the costs.
Trade and Industry ) ( Netherlands ) for a preliminary ruling
in the proceedings pending before that court between                  H OJ C 208 , 12 . 8 . 1995 .
Affish BV and Rijksdienst voor de Keuring van Vee en
Vlees — on the validity of Commission Decision 95/119/
EC of 7 April 1995 concerning certain protective measures
with regard to fishery products originating in Japan ( OJ
L 80, 8 . 4. 1995, p. 56) — the Court, composed of: G. C.
Rodriguez Iglesias, President, J. L. Murray and L. Sevon
(Rapporteur), Presidents of Chambers, P. J. G. Kapteyn, C.                           JUDGMENT OF THE COURT
Gulmann, D. A. O. Edward, J. -P. Puissochet, G. Hirsch, P.
Jann, H. Ragnemalm and M. Wathelet, Judges; G.                                                ( Sixth Chamber)
Cosmas, Advocate-General; H. A. Riihl, Principal                                               of 17 July 1997
Administrator, for the Registrar, has given a judgment on
17 July 1997, in which it has ruled:                                  in Case C-242/95 (reference for a preliminary ruling from
                                                                      the Østre Landsret): GT-Link A/S v. De Danske Statsbaner
                                                                                                   (DSB ) O
Examination of Commission Decision 95/119/EC of
7 April 1995 concerning certain protective measures with              (Transport by sea — Harbour duties on shipping and
regard to fishery products originating in Japan has not               goods — Import surcharge — Abuse of a dominant
revealed any factor of such a kind as to affect its validity.                                      position)
                                                                                                ( 97/C 295/08 )
H OJ C 208 , 12 . 8 . 1995 .
                                                                                      (Language of the case: Danish)
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
               JUDGMENT OF THE COURT
                        ( Sixth Chamber)
                                                                      In Case C-242/95 : reference to the Court under Article 177
                         of 17 July 1997                              of the EC Treaty from the 0stre Landsret (Denmark ) for a
in Case C-2 19/95 P: Ferriere Nord SpA v. Commission of               preliminary ruling in the proceedings pending before that
                 the European Communities (')                         court between GT-Link A/S and De Danske Statsbaner
                                                                      ( DSB ) on the interpretation of Articles 9 to 13 , 84 , 86, 90
 (Competition — Infringement of Article 85 of the EEC                 and 95 of the EEC Treaty, the Court ( Sixth Chamber),
                               Treaty)                                composed of: G. E Mancini, President of the Chamber,
                          ( 97/C 295/07)                              J. L. Murray and P. J. G. Kapteyn ( Rapporteur), Judges;
                                                                      F. G. Jacobs, Advocate-General; H. von Holstein, Deputy
                                                                      Registrar, for the Registrar, gave a judgment on 17 July
                 (Language of the case: Italian)                       1997, in which it has ruled:
   (Provisional translation; the definitive translation will be
                                                                       1 . It is contrary to Article 95 of the EEC Treaty for a
          published in the European Court Reports)                         Member State to impose a 40% import surcharge on a
                                                                           general duty levied on goods loaded, unloaded, or
In Case C-219/95P: Ferriere Nord SpA, a company                            otherwise taken on board or landed within its ports or
incorporated under the laws of Italy, established in                       in the deep-water approach channels to its ports where
 Osoppo ( Italy), represented by Wilma Viscardini Dona, of                 goods are imported by ship from another Member
the Padua Bar, with an address for service in Luxembourg                   State.
 at the Chambers of Ernest Arendt, 8— 10 Rue Mathias
Hardt — appeal against the judgment of the Court of First
Instance ( First Chamber ) of 6 April 1995 in Case T-143/             2 . It is for the domestic legal order of each Member State
 89 Ferriere Nord v. Commission [ 1995] ECR 11-917,                        to lay down the detailed procedural rules, including
 seeking to have that judgment set aside, the other party to               those relating to the burden of proof, governing
the proceedings being Commission of the European                           actions for safeguarding rights which individuals
 Communities ( Agent: Enrico Traversa, assisted by Alberto                 derive from the direct effect of Article 86 of the
 Dal Ferro ) — the Court ( Sixth Chamber), composed of:                    Treaty, provided that such rules are not less favourable
 G. F. Mancini, President of the Chamber, J. L. Murray,                    than those governing similar domestic actions and do
 P. J. G. Kapteyn, G. Hirsch and H. Ragnemalm                              not render virtually impossible or excessively difficult
 ( Rapporteur), Judges; P. Leger, Advocate-General; R.                     the exercise of rights conferred by the Community
 Grass, Registrar, has given a judgment on 17 July 1997, in                legal order.
 which it:
                                                                       3 . Where a public undertaking that owns and operates a
 1 . dismisses the appeal;                                                 commercial port occupies a dominant position in a