CELEX: C1996/180/20
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT of 28 March 1996 in Case C-191/94 (reference for a preliminary ruling from the Tribunal de Première Instance, Brussels): AGF Belgium SA v. European Economic Community and Others (Protocol on the Privileges and Immunities of the Communities - Additional motor insurance premiums)

No C 180/ 10           EN                    Official Journal of the European Communities                                     22 . 6 . 96
                JUDGMENT OF THE COURT                                                  JUDGMENT OF THE COURT
                          ( Fifth Chamber )                                                     of 28 March 1996
                       of 28 March 1996                                 in Case C- 1 9 1/94 ( reference for a preliminary ruling from
                                                                        the Tribunal de Première Instance, Brussels ): AGF Belgium
in Case C-129/94 ( reference for a preliminary ruling from
                                                                           SA v. European Economic Community and Others ( ] )
the Audiencia Provincial de Sevilla): criminal proceedings
                against Rafael Ruiz Bernaldez ( 1 )                      (Protocol on the Privileges and Immunities of the
                                                                          Communities — Additional motor insurance premiums)
 (Compulsory insurance of motor vehicles — Exclusion of
            damage caused by intoxicated drivers)                                                  ( 96/C 180/20 )
                            ( 96/C 180/ 19 )
                 (Language of the case: Spanisb)                                        (Language of the case: Frencb)
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                      (Provisional translation; the definitive translation will be
                                                                                  published in the European Court Reports)
In Case C-129/94 : reference to the Court under Article 177
of the EC Treaty from the Audiencia Provincial de Sevilla
( Seville Provincial Court ), Spain, for a preliminary ruling in
                                                                        In Case C- 1 9 1 /94 : reference to the Court under Article 177
the criminal proceedings before that court against Rafael
Ruiz Bernâldez — on the interpretation of Council Directive             of the EC Treaty from the Tribunal de Première Instance
72/166/EEC of 24 April 1972 on the approximation of the                 ( Court of First Instance ), Brussels, for a preliminary ruling
laws of the Member States relating to insurance against civil           in the proceedings pending before that court between AGF
liability in respect of the use of motor vehicles, and to the           Belgium SA and the European Economic Community,
enforcement of the obligation to insure against such liability          Institut National d'Assurance Maladie-Invalidité ( INAMI ),
( OJ , English Special Edition 1972(11 ), p . 360 ), the Second         Fonds National de Reclassement Social des Handicapés,
Council Directive 84/5/EEC of 30 December 1983 ( OJ No                  Croix-Rouge de Belgique and the Belgian State — on the
L 8 , 1984, p . 17 ) and the Third Council Directive                    interpretation of Article 3 of the Protocol on the Privileges
90/232/EEC of 14 May 1990 ( OJ No L 129 , 1990, p . 33 ),               and Immunities of the European Cojnmunities — the Court,
both on the approximation of the laws of the Member States              composed of J. C. Rodriguez Iglesias, President, C. N.
relating to insurance against civil liability in respect of the         Kakouris , J. -P. Puissochet ( Rapporteur ) and G. Hirsch
use of motor vehicles — the Court ( Fifth Chamber ),                    ( Presidents of Chambers ), F. A. Schockweiler, J. C.
composed of D. A. O. Edward, President of the Chamber,                  Moitinho de Almeida , P. J. G. Kapteyn, P. Jann, H.
J. -P. Puissochet ( Rapporteur ), J. C. Moitinho de                     Ragnemalm, L. Sevôn and M. Wathelet, Judges; F. G.
Almeida, L. Sevôn and M. Wathelet, Judges; C. O. Lenz,                 Jacobs,       Advocate-General;        D.   Louterman-Hubeau,
Advocate-General ; D. Louterman-Hubeau, Principal                       Principal Administrator, for the Registrar, gave a judgment
Administrator, for the Registrar, has given a judgment on               on 28 March 1996 , in which it ruled :
28 March 1996 , which it rules :
Article 3 (1 ) of Council Directive 72/166/EEC of 24 April              1 . Article 3 of the Protocol on the Privileges and
 1972 on the approximation of the laws of the Member                         Immunities of the European Communities is to be
States relating to insurance against civil liability in respect of           interpreted as covering compulsory charges, such as
the use of motor vehicles, and to the enforcement of the                     additional motor insurance premiums, intended to
obligation to insure against such liability, is to be interpreted            contribute to the financing of public interest
as meaning that, without prejudice to the provisions of                      institutions .
Article 2 ( 1 ) of the Second Council Directive 84/5/EEC of
30 December ? 983 on the approximation of the laws of the
Member States relating to insurance against civil liability in
respect of the use of motor vehicles, a compulsory insurance            2 . The third paragraph of Article 3 of the Protocol is to be
contract may not provide that in certain cases, in particular                interpreted as not applicable to compulsory charges,
where the driver ofthe vehicle was intoxicated, the insurer is               such as additional motor insurance premiums, which
not obliged to pay compensation for the damage to property                   are intended to contribute generally to the financing of
and personal injuries caused to third parties by the insured                 public interest institutions and which do not constitute
vehicle. It may, on the other hand, provide that in such cases               consideration for a specific service.
the insurer is to have a right of recovery against the
insured.
(') OJ No C 188 , 9 . 7 . 1994 .                                        3 . The second paragraph of Article 3 of the Protocol is to
                                                                             be interpreted as meaning that the remission or refund of
                                                                             the amount of indirect taxes or sales taxes for which it
                                                                             provides applies to all types of purchase, including
 ---pagebreak--- 22 . 6 . 96           EN                   Official Journal of the European Communities                                  No C 180/ 11
     obtaining a supply of services, which are necessary for                          JUDGMENT OF THE COURT
     the accomplishment of the Communities ' task, and the                                     ( Sixth Chamber )
     amount ofwhich exceeds the threshold laid down by the
     legislation in question.                                                                of 28 March 1996
                                                                      in Case C-299/94 ( reference for a preliminary ruling from
                                                                      the High Court of Ireland ): Anglo Irish Beef Processors
(M OJ No C 233 , 20 . 8 . 1994 .
                                                                      International and Others v. Minister for Agriculture, Food
                                                                                                 and Forestry (')
                                                                      (Differentiated export refunds — Force majeure —
                                                                      Additional security — Release of security — Resolution of
                                                                                          the UN Security Council)
                                                                                                  ( 96/C 180/22 )
               JUDGMENT OF THE COURT
                        ( First Chamber)
                                                                                       (Language of the case: English)
                      of 28 March 1996
in Case C-272/94 ( reference for a preliminary ruling from            In Case C-299/94 : reference to the Court under Article 177
the Tribunal Correctionnel, Arlon ( Belgium )): criminal              of the EC Treaty from the High Court of Ireland for a
proceedings before that court against Michel Guiot and                preliminary ruling in the proceedings pending before that
                         Climatec SA ( 1 )                            court between Anglo Irish Beef Processors International and
 (Employer's contributions — Loyalty stamps —                         Others and Minister for Agriculture , Food and Forestry —
    Bad-weather stamps — Freedom to provide services)                 on the interpretation and validity of Council Regulation
                          ( 96/C 180/21 )                              ( EEC ) No 2340/90 of 8 August 1990 preventing trade by the
                                                                      Community as regards Iraq and Kuwait ( OJ No L 213 ,
                                                                       1990, p . 1 ) and Commission Regulation ( EEC ) No 3665/87
                (Language of the case: French)                        of 27 November 1987 laying down common detailed rules
                                                                      for the application of the system of export refunds on
                                                                      agricultural products ( OJNo L 351 , 1987, p . 1 ), as amended
 (Provisional translation; the definitive translation will be          by Commission Regulation ( EEC ) No 354/90 of 9 February
          published in the European Court Reports)                     1990 ( OJ No L 38 , 1990, p . 34 ), the Court ( Sixth Chamber),
                                                                      composed of C. N. Kakouris, President of the Chamber, G.
                                                                       Hirsch, G. F. Mancini , F. A. Schockweiler and P. J. G.
 In Case C-272/94 : reference to the Court under Article 177           Kapteyn ( Rapporteur ), Judges ; A. La Pergola ,
 of the EC Treaty from the Tribunal Correctionnel ( Criminal           Advocate-General ; L. Hewlett, Administrator, for the
 Court ), Arlon, for a preliminary ruling in the criminal              Registrar, gave a judgment on 28 March 1 996 , the operative
 proceedings before that court against Michel Guiot and                part of which is as follows :
 Climatec SA, as employer liable at civil law — on the
 interpretation of Articles 59 and 60 of the EC Treaty — the
 Court ( First Chamber ), composed of D. A. O. Edward                   1 . Article 33 (5) of Commission Regulation (EEC)
 ( Rapporteur ), President of the Chamber, P. Jann and L.                   No 3665/87 of 27 November 1987 laying down
 Sevôn, Judges; G. Tesauro, Advocate-General; H. A. Riihl,                  common detailed rules for the application of the system
 Principal Administrator, for the Registrar, gave a judgment                of export refunds on agricultural products, as amended
 on 28 March 1996 , the operative part of which is as                       by Commission Regulation (EEC) No 354/90 of
 follows :
                                                                            9 February 1990, is to be interpreted as meaning that
                                                                            where, owing to force majeure , goods do not reach their
                                                                            intended country of destination but are exported to
 Articles 59 and 60 of the EC Treaty preclude a Member                      other non-member countries which qualify for a lower
 State from requiring an undertaking established in another                 export refund or none at all, the security forfeited is to be
 Member State and temporarily carrying out works in the                     equal to the difference between the amount ofthe refund
 first-mentioned Member State to pay employers                              paid in advance, and that of the refund actually due.
 contributions in respect of loyalty stamps and bad-weather
 stamps with respect to workers assigned to carry out those
 works, where that undertaking is already liable for
 comparable contributions, with respect to the same workers             2 . Consideration ofRegulation (EEC) No 3665/87 has not
 and for the same period of work, in the State where it is                  disclosed any factor capable of affecting its validity.
 established.
                                                                        (M OJ No C 386 , 31 . 12 . 1994 .
 (M OJ No C 316 , 12 . 11 . 1994 .