CELEX: C1995/054/08
Language: en
Date: 1995-03-04 00:00:00
Title: JUDGMENT OF THE COURT of 24 January 1995 in Case C-359/93: Commission of the European Communities v. Kingdom of the Netherlands (Tender notices for public supply contracts - Review procedure - Notification - Technical specifications)

4.3.95                [JN                   Official Journal of the European Communities                                   No C 54/5
2. consideration of the question has disclosed no factor of            said directives and Articles 5 and 1 89 of the EC Treaty — the
     such a kind as to affect the validity of Article 2 (3) of         Court ( Sixth Chamber), composed of: F. A. Schockweiler,
     Regulation (EEC) No 2237/85.                                      President of the Chamber, G. F. Mancini, C. N. Kakouris,
                                                                       J. L. Murray ( Rapporteur) and G. Hirsch, Judges; P. Leger,
Case C-353/93                                                          Advocate General; R. Grass, Registrar, has given a judgment
                                                                       on 19 January 1995, in which it:
1 . Article 3 (3) of Commission Regulation (EEC)
     No 1626/85 of 14 June 1985 on protective measures                 1 . declares that by failing to adopt within the prescribed
     applicable to imports of certain Morello cherries is to be              period the laws, regulations and administrative
     interpreted as meaning that if the competent authorities                provisions necessary to comply with Council Directive
     have doubts as to whether the import price declared is                   91 /687/EEC of 11 December 1991 amending Directives
     the true one, they make take all necessary measures to                   64/432/EEC, 72/461 /EEC and 80/215/EEC as regards
     estasblish that price;                                                   certain measures relating to swine-fever and with
                                                                              Council Directive 91 /688/EEC of 11 December 1991
2. consideration of the question has disclosed no factor of                   amending Directive 72/462/EEC on health and­
     such a kind as to affect the validity of Article 3 (3) of                veterinary inspection problems upon importation of
     Regulation (EEC) No 1626/85;                                             bovine, ovine and caprine animals and swine, fresh meat
3 . Article 3 (3) of Regulation (EEC) No 1626/85 is to be                     or meat products from third countries the Kingdom of
     interpreted as meaning that the phrase 'the exporter in                  Belgium has failed to fulfil the obligations regarding
     the country in which the products originated' refers                     their transposition imposed on it by Article 4 of
     exclusively to an exporter whose undertaking is                          Directive 91 /687/EEC and Article 2 of Directive
     established in the country of origin of the goods.                       91 /688/EEC;
(!) OJ No C 232, 28 . 8 . 1993 .                                       2 . order the Kingdom of Belgium to pay the costs.
(2 ) OJ No L 209, 6 . 8 . 1985 , p. 24 .
(3 ) OJ No L 49, 27. 2 . 1986, p. 1 .                                  (M OJ No C 103 , 11 . 4 . 1994 .
(4 ) OJ No  L  99, 16 . 4 . 1988, p . 12 .                             (2 ) OJ No L 377, 31 . 12 . 1991 , p. 16 .
(5)  OJ No  L  290, 19 . 10 . 1982, p . 28                              (3 ) OJ No L 377, 31 . 12 . 1991 , p . 18 .
(6 ) OJ No  L  73 , 21 . 3 . 1977, p. 1 .
( 7) OJ No  L  156, 15 . 6 . 1985 , p. 13 .
                JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                            (Sixth Chamber)                                                   of 24 January 1995
                         of 19 January 1995                            in Case C-359/93: Commission of the                   European
in    Case     C-66/94: Commission of the              European                Communities v. Kingdom of the Netherlands ( ! )
           Communities v. Kingdom of Belgium ( x )                      (Tender notices for public supply contracts — Review
(Failure by a Member State to fulfilits obligations — Failure               procedure — Notification — Technical specifications)
                      to transpose a directive)                                                    ( 95/C 54/08 )
                              ( 95/C 54/07)
                                                                                         (Language of the case: Dutch)
                 (Language of the case: French)
(Provisional translation; the definitive translation will be            (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                  published in the European Court Reports)
In Case C-66/94: Commission of the European                             In Case C-359/93 : Commission of the European
Communities (Agent: Gerard Rozet) v. Kingdom of Belgium                 Communities (Agent: H. van Lier) v. Kingdom of the
(Agent: Jan Devadder) — application for a declaration that              Netherlands (Agents: J. W. de Zwaan and T. Heukels ) —
by failing to bring into force the laws, regulations and                application for a declaration that the Kingdom of the
administrative provisions necessary to comply with Council              Netherlands has failed to fulfil its obligations under Council
Directive 91/687/EEC of 11 December 1991 amending                       Directive 77/62/EEC of 21 December 1976 coordinating
Directives 64/432/EEC, 72/461/EEC and 80/215/EEC as                     procedures for the award of public supply contracts (2 ), as
regards certain measures relating to swine-fever (2) and with           amended by Council Directives 80/767/EEC ( 3 ) and
Council Directive 91 /688/EEC of 11 December 1991                       88/295/EEC (4), and also under Article 30 of the EEC
amending Directive 72/462/EEC on health and veterinary                  Treaty, — the Court, composed of: G. C. Rodriguez Iglesias,
inspection problems upon importation of bovine, ovine and               President, P. J. G. Kapteyn (President of Chamber), G. F.
caprine animals and swine, fresh meat or meat products                  Mancini, C. N. Kakouris, J. L. Murray, D. A. O. Edward
from third countries (3 ) and/or by failing to communicate              (Rapporteur) and G. Hirsch, Judges; G. Tesauro: Advocate
them to the Commission, the Kingdom of Belgium has failed               General; R. Grass, Registrar, has given a judgment on
to fulfil its obligations under the penultimate articles of the         24 January 1995 , in which it:
 ---pagebreak--- No C 54/6               EN                 Official Journal of the European Communities                                      4 . 3 . 95
1 . declared that, by failing to indicate in the contract notice      Reference for a preliminary ruling from the Bayerisches
     at issue the persons authorized to be present at the             Verwaltungsgericht, Ansbach, by an order of that court of
     opening of tenders and the date, time and place of               23 November 1994 in the administrative law case of Hellen
     opening, and by introducing into the general terms and                            Gerster v. Freistaat Bayern
     conditions a technical specification defined by reference                                   Case C-l/95 )
     to a product of a specific make, the Kingdom of the
     Netherlands has failed to fulfil its obligations under                                      ( 95/C 54/10 )
     Council Directive 77/62/EEC of 21 December 1976                  Reference has been made to the Court of Justice of the
     coordinating procedures for the award of public supply           European Communities by an order of the 12th Chamber of
     contracts, as amended by Council Directives                      the      Bayerisches          Verwaltungsgericht     (Bavarian
     80/767/EEC       and      88/295/EEC,   and also     under       Administrative Court) of 23 November 1994, which was
     Article 30 of the Treaty;                                        received at the Court Registry on 5 January 1995 , for a
                                                                      preliminary ruling in the administrative law case of Hellen
2. ordered the Kingdom of the Netherlands to pay the                  Gerster v. Freistaat Bayern, on the following questions:
     costs.
                                                                      1 . Is Article 119 of the EEC Treaty applicable to
                                                                          officials ?
(!) OJ No C 238 , 2 . 9 . 1993 .
(2 ) OJ No L 13 , 15 . 1 . 1977, p. 1 .                               2 . If Question 1 is to be answered in the affirmative, is there
(3 ) OJ No L 215, 18 . 8 . 1980, p. 1 .                                   an infringement of Article 119 of the EEC Treaty and of
(4) OJ No L 127, 20. 5. 1988, p. 1 .                                      Council Directive 75/117/EEC (.*) in the form of indirect
                                                                          discrimination against women where the second
                                                                          sentence of section 13 (2) of the Laufbahnverordnung
                                                                          ( Career on regulations, 'LBV') provides that, for the
                                                                          purpose of calculating the periods of services of officials,
                                                                          periods of employment involving working hours of at
                                                                          least one-half to two-thirds of normal working hours are
                  ORDER OF THE COURT                                      counted only as two-thirds of normal working
                       of 10 January 1995                                 hours ?
in Case C-l/94 S-A: Dupret SA v. Commission of the                    3 . If Question 1 is to be answered in the affirmative, is there
                  European Communities ( l )                              an infringement of Council Directive 76/207/EEC (2) in
(Application for authorization to serve a garnishee order on              the form of indirect discrimination against women in
       the Commission of the European Communities)                        regard to access to career progression (promotion),
                            ( 95/C 54/09 )                                where the second sentence of section 13 (2 ) of the LBV
                                                                          provides that, for the purpose of calculating the periods
                                                                          of service of officials, periods of employment involving
               (Language of the case: French)                             working hours of at least one-half of two-thirds of
                                                                          normal working hours are counted only as two-thirds of
In Case 1/94 SA: Dupret SA, a company governed by Belgian                 normal working hours ?
law which is in liquidation, represented by Georges-Albert            (!) OJ No L 45 , 19 . 2 . 1975 , p. 19.
Dal, of the Bussels Bar, receiver, 18 Rue de l'Aurore, 1050           (2) OJ No L 39, 14. 2 . 1976, p. 40.
Brussels, against Commission of the European
Communities (Agent: S. Van Raepenbusch) — application
for authorization to serve a garnishee order on the
Commission of the European Communities — the Court,                   Reference for a preliminary ruling by the Landgericht
composed of G. C. Rodriguez Iglesias, President, F. A.                Dortmund by order of that court of 27 December 1994 in
Schockweiler, P. J. G. Kapteyn, C. Gulmann (Presidents of                    the case of Reisebüro Broede v. Gerd Sandker
Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho                                       (Case C-3/95 )
de Almeida, J. L. Murray, D. A. O. Edward ( Rapporteur),
                                                                                                 ( 95/C 54/11 )
A. M. La Pergola and J.-P. Puissochet, Judges; C. O. Lenz,
Advocate General; R. Grass, Registrar, made an order on               Reference has been made to the Court of Justice of the
10 January 1995, the operative part of which is as                    European Communities by order of the Ninth Civil
follows :
                                                                      Chamber of the Landgericht ( Regional Court) Dortmund of
                                                                      27 December 1994, which was received at the Court
1 . There is no need to give a decision on the                        Registry on 1 1 January 1995, for a preliminary ruling in the
     application;                                                     case of Reisebüro Broede v. Gerd Sandker on the following
                                                                      questions:
2. each party is to bear its own costs.                               does Article 59 of the EEC Treaty preclude a national rule
                                                                      which prohibits an undertaking established in another
(!) OJ No C 218 , 6 . 8 . 1994.                                       Member State from securing judicial recovery of foreign
                                                                      debts on the ground that this activity is reserved under the
                                                                      national rule for persons to whom a special official licence
                                                                      has been issued for that purpose ?