CELEX: C2001/212/10
Language: en
Date: 2001-07-28 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 21 June 2001 in Case C-30/99: Commission of the European Communities v Ireland (Free movement of goods — Precious metals — Compulsory hallmark)

C 212/6                   EN                      Official Journal of the European Communities                                    28.7.2001
                   JUDGMENT OF THE COURT                                                     JUDGMENT OF THE COURT
                           (Third Chamber)
                                                                                                    (Fifth Chamber)
                            of 14 June 2001
                                                                                                    of 21 June 2001
in Case C-368/00: Commission of the European Communi-
                   ties v Kingdom of Sweden (1)
                                                                             in Case C-30/99: Commission of the European Communi-
(Failure by a Member State to fulfil its obligations —                                              ties v Ireland (1)
Quality of bathing water — Inadequate implementation of
                        Directive 76/160/EEC)
                                                                             (Free movement of goods — Precious metals — Compulsory
                            (2001/C 212/09)                                                             hallmark)
                     (Language of the case: Swedish)                                                (2001/C 212/10)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                                            (Language of the case: English)
In Case C-368/00: Commission of the European Communities                     In Case C-30/99: Commission of the European Communities
(Agent: L. Ström) v Kingdom of Sweden (Agent: A. Kruse) —                    (Agents: R.B. Wainwright and M. Shotter) v Ireland (Agent:
application for a declaration that, by failing to take all                   M.A. Buckley, assisted by A.M. Collins) supported by United
necessary measures to ensure that the quality of bathing water               Kingdom of Great Britain and Northern Ireland (Agent:
conforms to the limit values laid down by Council Directive                  R. Magrill, assisted by M. Hoskins) — application for a
76/160/EEC of 8 December 1975 concerning the quality of                      declaration that:
bathing water (OJ 1976 L 31, p. 1) and by failing to adhere to
the minimum sampling frequencies laid down by that directive,
the Kingdom of Sweden has failed to fulfil its obligations under             —    by prohibiting the marketing in Ireland with the descrip-
Articles 4(1) and 6(1) of that directive — the Court (Third                       tion and indication of fineness which they bear in their
Chamber) composed of: C. Gulmann, President of the Chamb-                         country of origin, of articles made from precious metals
er, J.-P. Puissochet and J.N. Cunha Rodrigues (Rapporteur),                       (gold, silver or platinum) lawfully manufactured and
Judges; F.G. Jacobs, Advocate General; R. Grass, Registrar, has                   marketed in other Member States but not complying with
given a judgment on 14 June 2001, in which it:                                    the Irish provisions concerning standards of fineness, or
                                                                                  by obliging these imports to replace their hallmarks with
                                                                                  those for the appropriate lower official Irish standard of
1.    Declares that, by failing to take all necessary measures to ensure          fineness;
      that the quality of bathing water conforms to the mandatory
      limit values laid down by Council Directive 76/160/EEC of              —    by requiring articles made from precious metals (gold,
      8 December 1975 concerning the quality of bathing water,                    silver or platinum) imported from another Member State,
      and by failing to adhere to the minimum sampling frequencies                and marketed in Ireland, to bear a sponsor’s mark
      laid down by that directive, the Kingdom of Sweden has failed               indicative of the maker, worker or dealer in such articles,
      to fulfil its obligations under Articles 4(1) and 6(1) of that              registered by the Wardens and Commonalty of Gold-
      directive;                                                                  smiths of the city of Dublin which appoints the Assay
                                                                                  Master by which these articles are intended to be struck
2.    Orders the Kingdom of Sweden to pay the costs.                              with the approved hallmark, when these articles already
                                                                                  bear a sponsor’s mark conforming to the legislation of
                                                                                  the Member State of origin;
(1) OJ C 355 of 9.12.2000.                                                   —    by requiring articles made from precious metals (gold,
                                                                                  silver or platinum) imported from another Member State,
                                                                                  and marketed in Ireland, which have been lawfully struck
                                                                                  in another Member State With a hallmark stamped by a
                                                                                  body which offers guarantees of independence, and which
                                                                                  offers appropriate information to consumers, to bear an
 ---pagebreak--- 28.7.2001                EN                      Official Journal of the European Communities                                              C 212/7
      approved hallmark struck by the Assay Master which is                 3.    Orders the United Kingdom of Great Britain and Northern
      appointed by the Wardens and Commonalty of Gold-                            Ireland to pay its own costs.
      smiths of the city of Dublin;
                                                                            (1) OJ C 86 of 27.3.1999.
—     by establishing differences between approved hallmarks
      struck on articles manufactured in Ireland and those
      hallmarks of the same type struck on articles imported
      from other Member States,
Ireland has failed to fulfil its obligations under Article 30 of
the EC Treaty (now, after amendment, Article 28 EC) — the
Court (Fifth Chamber), composed of: A. La Pergola, President                                  JUDGMENT OF THE COURT
of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann (Rappor-
teur) and C.W.A. Timmermans, Judges; L.A. Geelhoed, Advo-                                            (Second Chamber)
cate General; D. Louterman-Hubeau, Head of Division, for the
Registrar, has given a judgment on 21 June 2001, in which it:
                                                                                                       of 21 June 2001
1.    Declares that:                                                        in Case C-206/99 (reference for a preliminary ruling from
                                                                            the Tribunal Tributário de Primeira Instância do Porto):
      —     by prohibiting the marketing in Ireland with the descrip-       SONAE — Tecnologia de Informação SA v Direcção-
            tion and indication of fineness which they bear in their                        Geral dos Registos e Notariado (1)
            country of origin, of articles made from precious metals
            (gold, silver or platinum) lawfully manufactured and            (Raising of capital — Directive 69/335/EEC — ‘Duties paid
            marketed in other Member States but not complying with          by way of fees or dues’ — Charge for entry in the commercial
            the Irish provisions concerning standards of fineness, or                                      register)
            by obliging these imports to replace their hallmarks with
            those for the appropriate lower official Irish standard of                                 (2001/C 212/11)
            fineness;
      —     by requiring articles made from precious metals imported                          (Language of the case: Portuguese)
            from another Member State, and marketed in Ireland, to
            bear a sponsor’s mark indicative of the maker, worker or
            dealer in such articles, registered by the Wardens and          (Provisional translation; the definitive translation will be published
            Commonalty of Goldsmiths of the city of Dublin which                                in the European Court Reports)
            appoints the Assay Master by which these articles are
            intended to be struck with the approved hallmark, when          In Case C-206/99: reference to the Court under Article 177 of
            these articles already bear a sponsor’s mark conforming to      the EC Treaty (now Article 234 EC) from the Tribunal
            the legislation of the Member State of origin;                  Tributário de Primeira Instância do Porto (Fiscal Court of First
                                                                            Instance, Porto) (Portugal) for a preliminary ruling in the
      —     by requiring articles made from precious metals imported        proceedings pending before that court between SONAE —
            from another Member State, and marketed in Ireland,             Tecnologia de Informação SA and Direcção-Geral dos Registos
            which have been lawfully struck in another Member               e Notariado — on the interpretation of Articles 10 and 12 of
            State with a hallmark stamped by a body which offers            Council Directive 69/355/EEC of 17 July 1969 concerning
            guarantees of independence, and which offers appropriate        indirect taxes on the raising of capital (OJ, English Special
            information to consumers, to bear an approved hallmark          Edition 1969 II, p. 412), as amended by Council Directive
            struck by the Assay Master which is appointed by the            85/303/EEC of 10 June 1985 (OJ 1985 L 156, p. 23) — the
            Wardens and Commonalty of Goldsmiths of the city of             Court (Second Chamber), composed of: V. Skouris, President
            Dublin or an international hallmark notified in accord-         of the Chamber, R. Schintgen (Rapporteur) and N. Colneric,
            ance with the Convention on the Control and Marking of          Judges; D. Ruı́z-Jarabo Colomer, Advocate General; R. Grass,
            Articles of Precious Metals; and                                Registrar, has given a judgment on 21 June 2001, in which it
                                                                            has ruled:
      —     by establishing differences between approved hallmarks
            struck on articles manufactured in Ireland and those            Article 12(1)(e) of Council Directive 69/335/EEC of 17 July 1969
            hallmarks of the same type struck on articles imported          concerning indirect taxes on the raising of capital, as amended by
            from other Member States,                                       Council Directive 85/303/EEC of 10 June 1985, is to interpreted
                                                                            as meaning that charges for recording an increase in the share capital
                                                                            of a capital company in a commercial register, which increase without
      Ireland has failed to fulfil its obligations under Article 30 of      upper limit in direct proportion to the nominal capital subscribed and
      the EC Treaty (now, after amendment, Article 28 EC);
                                                                            are not calculated on the basis of the cost of the service rendered, such
                                                                            as those at issue in the main proceedings, are not duties paid by way
2.    Orders Ireland to pay the costs;                                      of fees or dues.