CELEX: C1996/370/02
Language: en
Date: 1996-12-07 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 26 September 1996 in Case C-341/94 (reference for a preliminary ruling made by the Cour d'Appel, Paris): criminal proceedings against André Allain and Steel Trading France Sarl, as a party liable at civil law (Customs declaration - Country of origin - German unification - Penalties)

7 . 12 . 96            EN 1                 Official Journal of the European Communities                                   No C 370/ 1
                                                                     I
                                                              (Information)
                                                COURT OF JUSTICE
                                                         COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                                 JUDGMENT OF THE COURT
                          (Third Chamber)                                                      ( Sixth Chamber)
                           of 11 July 1996                                                  of 26 September 1996
in    Case     C- 11 9/94     P  REV:   Dimitrios   Coussios    v.
                                                                        in Case C-341/94 (reference for a preliminary ruling made
                                                                        by the Cour d'Appel, Paris ): criminal proceedings against
          Commission of the European Communities i 1 )                  Andre Allain and Steel Trading France Sari, as a party liable
             (Application for revision — Inadmissible)                                           at civil law ( 1 )
                                                                         (Customs declaration — Country of origin -— German
                            ( 96/C 370/01 )                                                unification — Penalties)
                                                                                                 ( 96/C 370/02 )
                   (Language of the case: French)
                                                                                        (Language of the case: French)
In Case C- 11 9/94 P REV: Dimitrios Coussios ( represented
                                                                          (Provisional translation; the definitive translation will be
by Georgios Sakellaropoulos ) — application for revision of                       published in the European Court Reports)
the judgment of the Court of Justice of the European
Communities (Third Chamber) of 1 June 1995 in Case
C-l 19/94 P Coussios v. Commission [ 1995] ECR 1-1439,                  In Case C-341 /94 : reference to the Court under Article 177
the other party to the proceedings being the Commission of              of the EC Treaty by the Cour d'Appel ( Court of Appeal ),
the European Communities (Agent: Gianluigi Valsesia ) —                 Paris, for a preliminary ruling in the criminal proceedings
the Court (Third Chamber ), composed of: J. -P. Puissochet,             pending before that court against Andre Allain and Steel
President of the Chamber, J. C. Moitinho de Almeida and                 Trading France Sari, as a party liable at civil law — on the
C. Gulmann ( Rapporteur), Judges; F. G. Jacobs, Advocate­               consequences to be drawn, following the unification of the
General; R. Grass, Registrar, has delivered a judgment on               Federal Republic of Germany and the German Democratic
11 July 1996 in which it:                                               Republic, for trade in goods between the territory of the
                                                                        former German Democratic Republic and the rest of the
                                                                        Community's customs territory with regard to the possible
                                                                        reclassification of facts for the purpose of imposing
1 . dismisses the application for revision as inadmissible;             penalties — the Court ( Sixth Chamber), composed of: C. N.
                                                                        Kakouris, President of the Chamber, P. J. G. Kapteyn and
                                                                        H. Ragnemalm ( Rapporteur), Judges; N. Fennelly,
2 . orders the applicant to pay the costs.                              Advocate-General; H. A. Rühl, Principal Administrator, for
                                                                        the Registrar, has given a judgment on 26 September 1996 ,
                                                                        the operative part of which is as follows:
(!) OJ No C 174, 25 . 6 . 1994, and
     OJ No C 189,22 . 7. 1995 .
                                                                        The Community customs provisions, applicable following
                                                                        the unification of the Federal Republic of Germany and the
                                                                        German Democratic Republic, do not preclude a
 ---pagebreak--- No C 370/2             LIN                      Official Journal of the European Communities                                        7 . 12 . 96
reclassification of facts under national law with a view to                     a family benefit within the meaning of Article 4 (1 ) (h)
penalizing breaches of the Community legislation                                of Council Regulation (EEC) No 1408/71 of 14 June
applicable at the material time.                                                 1971 on the application of social security schemes to
                                                                                employed persons, to self-employed persons and to
f 1 ) OJ No C 392 , 31 . 12 . 1994 .                                            members of their families moving within the
                                                                                Community, in the version amended and updated by
                                                                                Regulation (EEC) No 2001 /83 of 2 June 1983 , as
                                                                                amended by Regulation (EEC) No 3427/89 of
                                                                                30 October 1989 .
                  JUDGMENT OF THE COURT
                            (Fifth Chamber)                                2 . Where an employed person is subject to the legislation
                         of 10 October 1996                                     of a Member State and lives with his or her family in
                                                                                another Member State, that person 's spouse is entitled,
in Joined Cases C-245/94 and C-3 12/94 (references for a                        under Article 73 of Regulation (EEC) No 1408/71 , to
preliminary ruling from the Landessozialgericht Nordrhein­                      receive a benefit such as child-raising allowance in the
Westfalen): Ingrid Hoever and Iris Zachow v. Land                               State of employment.
                       Nordrhein-Westfalen (*)
(Social security — Family benefits — Article 73 of                         3 . Article 3 (I ) and (2) of Council Directive 79/7/EEC of
Regulation (EEC) No 1408/71 — Article 4 (1 ) of Directive                       19 December 1978 on the progressive implementation
79/7/EEC        — Article          7 (2)    of Regulation      (EEC)            of the principle of equal treatment for men and women
                               No 1612/68)
                                                                                in matters of social security must be interpreted as
                              ( 96/C 370/03 )                                   meaning that a child-raising allowance such as that
                                                                                provided for by Article 1 et seq. of the Bundeserzie­
                  (Language of the case: German)                                hungsgeldgesetz does not fall within the scope of that
                                                                                Directive.
    (Provisional translation; the definitive translation will be
             published in the European Court Reports)                      (!) OJ No C 304, 29 . 10 . 1994.
                                                                                OJNoC38Q , 31 . 12 . 1994 .
In Joined Cases C-245/94 and C-3 12/94: reference to the
Court under Article 177 of the EC Treaty by the
Landessozialgericht Nordrhein-Westfalen ( North Rhine­
Westphalia Higher Social Court ) ( Germany ) for a
preliminary ruling in the proceedings pending before that
court between Ingrid Hoever and Iris Zachow of the one                                     JUDGMENT OF THE COURT
part and the Land Nordrhein-Westfalen ( Land of North                                              of 15 October 1996
Rhine-Westphalia ) of the other part on the interpretation of
Article 4 ( 1 ) ( h) and Article 73 of Council Regulation ( EEC )          in Case C-3 11/94 ( reference for a preliminary ruling from
No 1408/71 of 14 June 1971 on the application of social                    the Netherlands Raad van State ): IJssel-Vliet Combinatie
security schemes to employed persons, to self-employed                                BV v. Minister van Economische Zaken 0 )
persons and to members of their families moving within the                         (State aid for the construction of a fishing vessel)
Community ( Official Journal, English Special Edition 1971
( II ), p. 416 ), in the version amended and updated by                                               ( 96/C 370/04 )
Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( OJ No
L 230 , 1983 , p. 6 ), as amended by Regulation ( EEC ) No
3427/89 of 30 October 1989 ( OJ No L 331 , 1989, p. 1 ), of                                  (Language of the case: Dutch)
Article 4 ( 1 ) of Council Directive 79/7/EEC of 19 December
1978 on the progressive implementation of the principle of                    (Provisional translation; the definitive translation will be
equal treatment for men and women in matters of social                                published in the European Court Reports)
security ( OJ No L 6, 1979, p. 24 ) and of Article 7 ( 2 ) of
Council Regulation ( EEC ) No 1612/68 of 15 October 1968
on      freedom     of   movement       for   workers    within  the       In Case C-3 11 /94 : reference to the Court under Article 177
Community ( Official Journal, English Special Edition 1968                 of the EC Treaty from the Netherlands Raad van State
(II ), p. 475 ) — the Court ( Fifth Chamber), composed of:                 ( Council of State ) for a preliminary ruling in the
J. C. Moitinho de Almeida , President of the Chamber, L.                   proceedings pending before that court between IJssel-Vliet
Sevon, D. A. O. Edward ( Rapporteur), P. Jann and M.                       Combinatie BV and Minister van Economische Zaken — on
Wathelet, Judges; Advocate-General : F. G. Jacobs;                         the interpretation of Articles 42 , 92 and 93 of the EEC
Registrar: D. Louterman-Hubeau, Principal Administrator,                   Treaty, of Council Regulation ( EEC ) No 4028/86 of
has given a judgment on 10 October 1996, in which it rules:                 18 December 1986 on Community measures to improve
                                                                           and adapt structures in the fisheries and aquaculture sector
1 . A benefit such as the child-raising allowance provided                 ( OJ No L 376 , 1986 , p. 7 ), of Council Directive 87/167/
       for by the Bundeserziehungsgeldgesetz, which is                     EEC of 26 January 1987 on aid to shipbuilding ( OJ No
       automatically granted to persons fulfilling certain                 L 69, 1987, p. 55 ) and of the guidelines for the examination
       objective criteria, without any individual and                      of State aids in the fisheries sector ( OJ No C 313 , 1988 ,
       discretionary assessment of personal needs, and which               p. 21 ) — the Court, composed of: G. C. Rodriguez Iglesias,
       is intended to meet family expenses, must be treated as             President, G. F. Mancini, J. L. Murray and L. Sevon