CELEX: C2000/335/23
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 26 September 2000 in Case C-478/98: Commission of the European Communities v Kingdom of Belgium (Loans issued abroad — Prohibition of acquisition by Belgian residents)

C 335/12                  EN                      Official Journal of the European Communities                                        25.11.2000
de Palma de Mallorca, Spain, for a preliminary ruling in                     23 March 1994 materially amending for the second time
the proceedings pending before that court between Bärbel                     Directive 83/189/EEC (OJ 1994 L 100, p. 30) — the Court,
Kachelmann and Bankhaus Hermann Lampe KG — on the                            composed of: G.C. Rodrı́guez Iglesias, President, L. Sevón and
interpretation of Article 5(1) of Council Directive 76/207/EEC               R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn,
of 9 February 1976 on the implementation of the principle of                 C. Gulmann (Rapporteur), J.-P. Puissochet, H. Ragnemalm,
equal treatment for men and women as regards access to                       M. Wathelet and V. Skouris, Judges; F.G. Jacobs, Advocate
employment, vocational training and promotion, and working                   General; D. Louterman-Hubeau, Principal Administrator, for
conditions (OJ 1976 L 39, p. 40) — the Court (Fifth Chamber),                the Registrar, has given a judgment on 26 September 2000, in
composed of: D.A.O. Edward, President of the Chamber,                        which it has ruled:
L. Sevón, P.J.G. Kapteyn (Rapporteur), H. Ragnemalm and
M. Wathelet, Judges; A. Saggio, Advocate General; L. Hewlett,                A national court is required, in civil proceedings between individuals
Administrator, for the Registrar, has given a judgment on                    concerning contractual rights and obligations, to refuse to apply a
26 September 2000, on which it ruled:                                        national technical regulation which was adopted during a period of
                                                                             postponement of adoption prescribed in Article 9 of Council
Articles 2(1) and 5(1) of Council Directive 76/207/EEC of                    Directive 83/189/EEC laying down a procedure for the provision of
9 February 1976 on the implementation of the principle of equal              information in the field of technical standards and regulations, as
treatment for men and women as regards access to employment,                 amended by Directive 94/10/EC of the European Parliament and
vocational training and promotion, and working conditions must be            the Council of 23 March 1994 materially amending for the second
interpreted as not precluding an interpretation of a national rule,          time Directive 83/189.
such as that contained in Article 1(3) of the Kündigungsschutzgesetz
in the version in force until 30 September 1996, which proceeds on
the general basis that part-time workers are not to be compared with         (1) OJ C 33 of 6.2.1999.
full-time workers when an employer has to proceed to selection on the
basis of social criteria when abolishing a part-time job on economic
grounds.
(1) OJ C 312 of 10.10.1998.
                                                                                              JUDGMENT OF THE COURT
                                                                                                   of 26 September 2000
                  JUDGMENT OF THE COURT                                      in Case C-478/98: Commission of the European Communi-
                                                                                              ties v Kingdom of Belgium (1)
                        of 26 September 2000
                                                                             (Loans issued abroad — Prohibition of acquisition by Belgian
                                                                                                          residents)
in Case C-443/98 (reference for a preliminary ruling from
the Pretore di Milano (Italy)): Unilever Italia SpA v Central
                              Food SpA (1)                                                             (2000/C 335/23)
(Technical standards and regulations — Obligations of
notification and postponement of adoption — Applicability                                        (Language of the case: French)
                          in civil proceedings)
                                                                             (Provisional translation; the definitive translation will be published
                            (2000/C 335/22)
                                                                                                in the European Court Reports)
                      (Language of the case: Italian)                        In Case C-478/98: Commission of the European Communities
                                                                             (Agents: H. Michard and B. Mongin v Kingdom of Belgium
                                                                             (Agent: A. Snoecx, assisted by B. van de Walle de Ghelcke) —
(Provisional translation; the definitive translation will be published       application for a declaration that, by prohibiting the acquisition
                     in the European Court Reports)                          by persons resident in Belgium of securities of a loan issued
                                                                             abroad, the Kingdom of Belgium has failed to fulfil its
In Case C-443/98: reference to the Court under Article 177 of                obligations under Article 73b of the EC Treaty (now Article
the EC Treaty (now Article 234 EC) from the Pretore di Milano                56 EC) — the Court, composed of: G.C. Rodrı́guez Iglesias,
(Magistrate, Milan) for a preliminary ruling in the proceedings              President, J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón
pending before that court between Unilever Italia SpA and                    and R. Schintgen (Presidents of Chambers), P.J.G. Kapteyn
Central Food SpA — on the interpretation of Council Directive                (Rapporteur), C. Gulmann, A. La Pergola, J.-P. Puissochet,
83/189/EEC of 28 March 1983 laying down a procedure for                      P. Jann, and H. Ragnemalm, Judges; F.G. Jacobs, Advocate
the provision of information in the field of technical standards             General; D. Louterman-Hubeau, Principal Administrator, for
and regulations (OJ 1983 L 109, p. 8), as amended by Directive               the Registrar, has given a judgment on 26 September 2000, in
94/10/EC of the European Parliament and the Council of                       which it:
 ---pagebreak--- 25.11.2000              EN                       Official Journal of the European Communities                                             C 335/13
1.    Declares that, by prohibiting the acquisition by persons resident                        JUDGMENT OF THE COURT
      in Belgium of securities of a loan issued abroad, under the
      second paragraph of Article 3 of the Royal Decree of 4 October
      1994, the Kingdom of Belgium has failed to fulfil its                                         of 26 September 2000
      obligations under Article 73b of the EC Treaty (now Article 56
      EC);                                                                  in Case C-23/99: Commission of the European Communi-
                                                                                                  ties v French Republic (1)
2.    Orders the Kingdom of Belgium to pay the costs.
(1) OJ C 48 of 20.2.1999.
                                                                            (Failure by a Member State to fulfil its obligations — Free
                                                                            movement of goods — Procedures for detention under
                                                                            customs control — Goods in transit — Industrial property
                                                                                 right — Spare parts for the repair of motor vehicles)
                                                                                                        (2000/C 335/25)
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                         (Language of the case: French)
                      of 26 September 2000
                                                                            (Provisional translation; the definitive translation will be published
in Case C-22/99 (reference for a preliminary ruling from                                         in the European Court Reports)
the Pretura di Pinerolo): Cristoforo Bertinetto v Biraghi
                               SpA (1)
                                                                            In Case C-23/99: Commission of the European Communities
                                                                            (Agents: R.B. Wainwright and O. Couvert-Castéra) v French
(Agriculture — Common organisation of the markets —                         Republic (Agents: K. Rispal-Bellanger and R. Loosli-Surrans) —
Milk and milk products — Milk-price — Article 3 of                          application for a declaration that, by implementing, pursuant
                  Regulation (EEC) No 804/68)                               to the French Code de ]a Propriété Intellectuelle, procedures
                                                                            for the detention by the customs authorities of goods lawfully
                          (2000/C 335/24)                                   manufactured in a Member State of the European Community
                                                                            which are intended, following their transit through French
                                                                            territory, to be placed on the market in another Member State
                    (Language of the case: Italian)                         where they may be lawfully marketed, the French Republic has
                                                                            failed to fulfil its obligations under Article 30 of the EC Treaty
(Provisional translation; the definitive translation will be published      (now, after amendment, Article 28 EC) — the Court, composed
                   in the European Court Reports)                           of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida
                                                                            and L. Sevón (Presidents of Chambers), P.J.G. Kapteyn,
In Case C-22/99: reference to the Court under Article 177 of                J.-P. Puissochet, P. Jann, H. Ragnemalm (Rapporteur),
the EC Treaty (now Article 234 EC) from the Pretura di                      M. Wathelet and V. Skouris, Judges; J. Mischo, Advocate
Pinerolo (Magistrate’s Court, Pinerolo), Italy for a preliminary            General; D. Louterman-Hubeau, Principal Administrator, for
ruling in the proceedings pending before that court between                 the Registrar, has given a judgment on 26 September 2000, in
Cristoforo Bertinetto and Biraghi SpA — on the interpretation               which it:
of Article 3 of Regulation (EEC) No 804/68 of the Council of
27 June 1968 on the common organisation of the market in                    1.    Declares that, by implementing, pursuant to the French Code
milk and milk products (OJ, English Special Edition 1968(1),                      de la Propriété Intellectuelle, procedures for the detention by the
p. 176) — the Court (Fifth Chamber), composed of:                                 customs authorities of goods lawfully manufactured in a
D.A.O. Edward, President of the Chamber, L. Sevón, P. Jann,                      Member State of the European Community which are intended,
H. Ragnemalm (Rapporteur) and M. Wathelet, Judges;                                following their transit through French territory, to be placed on
S. Alber, Advocate General; D. Louterman-Hubeau, Principal                        the market in another Member State where they may be lawfully
Administrator, for the Registrar, has given a judgment on                         marketed, the French Republic has failed to fulfil its obligations
26 September 2000, in which it has ruled:                                         under Article 30 of the EC Treaty (now, after amendment,
                                                                                  Article 28 EC);
Article 3 of Regulation (EEC) No 804/68 of the Council of 27 June
1968 on the common organisation of the market in milk and milk              2.    Orders the French Republic to pay the costs.
products precludes national legislation, such as that at issue in the
main proceedings, which is designed to promote and encourage the
establishment of a uniform producer price for milk.
                                                                            (1) OJ C 86 of 27.3.1999.
(1) OJ C 86 of 27.3.1999.