CELEX: C2001/173/33
Language: en
Date: 2001-06-16 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 15 March 2001 in Case C-265/99: Commission of the European Communities v French Republic (Failure by a Member State to fulfil obligations — Article 95 of the EC Treaty (now, after amendment, Article 90 EC) — Tax on motor vehicles)

16.6.2001                EN                      Official Journal of the European Communities                                           C 173/19
1.    Statutory provisions of a Member State which, first, require          and of Article 59 of the EC Treaty (now, after amendment,
      private electricity supply undertakings to purchase electricity       Article 49 EC) and Article 60 of the EC Treaty (now Article 50
      produced in their area of supply from renewable energy sources        EC) — the Court (Fifth Chamber), composed of: D.A.O. Edward
      at minimum prices higher than the real economic value of that         (Rapporteur), acting for the President of the Fifth Chamber,
      type of electricity, and, second, distribute the financial burden     J.-P. Puissochet and L. Sevón, Judges; S. Alber, Advocate
      resulting from that obligation between those electricity supply       General; H.A. Rühl, Principal Administrator, for the Registrar,
      undertakings and upstream private electricity network operators       has given a judgment on 15 March 2001, in which it has
      do not constitute State aid within the meaning of Article 92(1)       ruled:
      of the EC Treaty (now, after amendment, Article 87(1) EC).
                                                                            Article 59 of the EC Treaty (now, after amendment, Article 49 EC)
2.    In the current state of Community law concerning the electricity      and Article 60 of the EC Treaty (now Article 50 EC) do not preclude
      market, such provisions are not incompatible with Article 30          a Member State from requiring an undertaking established in another
      of the EC Treaty (now, after amendment, Article 28 EC).               Member State which provides services in the territory of the first State
                                                                            to pay its workers the minimum remuneration fixed by the national
                                                                            rules of that State. The application of such rules might, however,
(1) OJ C 397 of 19.12.1998.                                                 prove to be disproportionate where the workers involved are employees
                                                                            of an undertaking established in a frontier region who are required to
                                                                            carry out, on a part-time basis and for brief periods, a part of their
                                                                            work in the territory of one, or even several, Member States other
                                                                            than that in which the undertaking is established. It is consequently
                                                                            for the competent authorities of the host Member State to establish
                                                                            whether, and if so to what extent, application of national rules
                                                                            imposing a minimum wage on such an undertaking is necessary and
                                                                            proportionate in order to ensure the protection of the workers
                                                                            concerned.
                  JUDGMENT OF THE COURT
                                                                            (1) OJ C 209 of 4.7.1998.
                           (Fifth Chamber)
                          of 15 March 2001
in Case C-165/98 (reference for a preliminary ruling from
the Tribunal Correctionnel d’Arlon, Belgium): André
    Mazzoleni v Inter Surveillance Assistance SARL (1)
                                                                                             JUDGMENT OF THE COURT
(Freedom to provide services — Temporary deployment of                                                (Fifth Chamber)
workers for performance of a contract — Directive 96/71/EC
                 — Guaranteed minimum wage)
                                                                                                     of 15 March 2001
                           (2001/C 173/32)
                                                                            in Case C-265/99: Commission of the European Communi-
                                                                                                 ties v French Republic (1)
                     (Language of the case: French)
                                                                            (Failure by a Member State to fulfil obligations — Article 95
                                                                            of the EC Treaty (now, after amendment, Article 90 EC) —
                                                                                                   Tax on motor vehicles)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                      (2001/C 173/33)
In Case C-165/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Tribunal                                            (Language of the case: French)
Correctionnel d’Arlon (Criminal Court, Arlon), Belgium, for a
preliminary ruling in the criminal proceedings pending before
that court against André Mazzoleni, and Inter Surveillance                  (Provisional translation; the definitive translation will be published
Assistance SARL, as the party civilly liable, third parties: Éric                             in the European Court Reports)
Guillaume and Others — on the interpretation of Directive
96/71/EC of the European Parliament and of the Council of
16 December 1996 concerning the posting of workers in the                   In Case C-265/99: Commission of the European Communities
framework of the provision of services (OJ 1997 L 18, p. 1)                 (Agents: E. Traversa and H. Michard) v French Republic
 ---pagebreak--- C 173/20              EN                      Official Journal of the European Communities                                          16.6.2001
(Agents: K. Rispal-Bellanger and S. Seam) — application for a                              JUDGMENT OF THE COURT
declaration that:
                                                                                                   (Third Chamber)
—    by retaining and applying rules providing for the appli-
     cation of a formula for calculating the engine rating for                                    of 15 March 2001
     administrative purposes which is unfavourable to vehicles
     fitted with a six-speed manual gearbox or five-speed
     automatic transmission, which has discriminatory or                 in Case C-83/00: Commission of the European Communi-
     protectionist effects in the case of vehicles manufactured                       ties v Kingdom of the Netherlands (1)
     in other Member States compared with similar or compet-
     ing domestic vehicles, and
                                                                         (Failure by a Member State to fulfil its obligations —
                                                                         Failure to transpose Directive 97/24/EC — Components and
                                                                              characteristics of two or three-wheel motor vehicles)
—    by retaining provisions limiting the K factor for the
     purposes of calculating the engine rating for tax purposes                                     (2001/C 173/34)
     of vehicles approved on an individual basis between
     1 January 1978 and 12 January 1988 and which are
     regarded as equivalent to type-approved vehicles having
     an actual power output in excess of 100 kW,                                              (Language of the case: Dutch)
                                                                         (Provisional translation; the definitive translation will be published
the French Republic has failed to fulfil its obligations under                               in the European Court Reports)
Article 95 of the EC Treaty (now, after amendment, Article 90
EC) — the Court (Fifth Chamber), composed of: A. La
Pergola, President of the Chamber, M. Wathelet (Rapporteur),             In Case C-83/00: Commission of the European Communities
D.A.O. Edward, P. Jann and L. Sevón, Judges; S. Alber,                  (Agent: C. van der Hauwaert) v Kingdom of the Netherlands
Advocate General; L. Hewlett, Administrator, for the Registrar,          (Agents: M.A. Fierstra and J. van Bakel) application for a
has given a judgment on 15 March 2001, in which it:                      declaration that, by failing within the prescribed period to
                                                                         adopt the laws, regulations and administrative measures
                                                                         necessary in order to comply with Directive 97/24/EC of the
                                                                         European Parliament and of the Council of 17 June 1997 on
1.   Declares that by retaining and applying rules providing for the     certain components and characteristics of two or three-wheel
     application of a formula for calculating the engine rating for      motor vehicles (OJ 1997 L 226, p. 1), the Kingdom of the
     administrative purposes which is unfavourable to vehicles fitted    Netherlands has failed to comply with its obligations under
     with a six-speed manual gearbox or five-speed automatic             the EC Treaty — the Court (Third Chamber), composed of:
     transmission, which has discriminatory or protectionist effects     C. Gulmann, President of the Chamber, F. Macken and
     in the case of vehicles manufactured in other Member States         J.N. Cunha Rodrigues (Rapporteur), Judges; S. Alber, Advocate
     compared with similar or competing domestic vehicles, the           General; R. Grass, Registrar, has given a judgment on 15 March
     French Republic has failed to fulfil its obligations under the      2001, in which it:
     first paragraph of Article 95 of the EC Treaty (now, after
     amendment, the first paragraph of Article 90 EC);
                                                                         1.    Declares that, by failing within the prescribed period to adopt
                                                                               the laws, regulations and administrative measures necessary in
                                                                               order to comply with Directive 97/24/EC of the European
2.   Orders the French Republic to pay the costs.                              Parliament and of the Council of 17 June 1997 on certain
                                                                               components and characteristics of two or three-wheel motor
                                                                               vehicles, the Kingdom of the Netherlands has failed to comply
                                                                               with its obligations under the EC Treaty;
                                                                         2.    Orders the Kingdom of the Netherlands to pay the costs.
(1) OJ C 281 of 2.10.1999.
                                                                         (1) OJ C 176 of 24.6.2000.