CELEX: C1997/131/21
Language: en
Date: 1997-04-26 00:00:00
Title: Reference for a preliminary ruling by the Cour d'Arbitrage of the Kingdom of Belgium by judgment of that court of 19 February 1997 in the case brought by Fédération Belge des Chambres Syndicales de Médecins concerning annulment of Article 4 (2) of the Decree of the Flemish Community of 5 April 1995 (Case C-93/97)

No C 131 /8           EN                    Official Journal of the European Communities                                   26 . 4 . 97
Reference      for   a       preliminary   ruling     from   the       move to another Member State, where the person has
Handelsgericht Wien by order of that court of 18 July                  worked and become habitually resident, and finally
1996 in the case of Consorzio per la Tutela del Formaggio              returns to the first Member State in order to seek work, is
Gorgonzola v. ( 1 ) Kaserei Champignon Hofmeister GmbH                 it compatible with the requirements of Article 48 of the
   & Co KG and (2 ) Eduard Bracharz Gesellschaft mbH                   Treaty of Rome for the first Member State to impose a
                        ( Case C-87/97)                                condition of habitual residence in that State ( involving the
                                                                       existence of an appreciable period of residence in that
                          ( 97/C 131/18 )                              State ) on entitlement to a general non-contributory means­
                                                                       tested state benefit with the characteristics of British
                                                                       income support ?
Reference has been made to the Court of Justice of the
European Communities by an order of the Handelsgericht
Wien ( Commercial Court, Vienna ) of 18 July 1996, which
was received at the Court Registry on 27 February 1997,
for a preliminary ruling in the case of Consorzio per la
Tutela del Formaggio Gorgonzola v. ( 1 ) Kaserei Champi­               Reference for a preliminary ruling from the
gnon Hofmeister GmbH & Co KG and ( 2 ) Eduard Bra­                     Bundessozialgericht, by order of that court of 12 December
charz Gesellschaft mbH on the following questions:                     1996 in the case of Arif Altiney v. Bundesanstalt fur
                                                                                                       Arbeit
— Is it compatible, in the current state of Community                                          ( Case C-91 /97 )
     law, with the principles of the free movement of goods
                                                                                                 ( 97/C 131 /20 )
     (Articles 30 and 36 of the EC Treaty) that a cheese
     which has been lawfully produced in a Member State
     since 1977 and designated by the name 'Cambozola',                Reference has been made to the Court of Justice of the
     and which has been marketed in another Member                     European        Communities           by    order  of        the
     State since 1983, is not permitted to be marketed in              Bundessozialgericht (Federal Social Court) of 12 December
     the latter Member State under the name 'Cambozola',               1996 , which was received at the Court Registry on
     on the basis of a national measure referring to an                3 March 1997, for a preliminary ruling in the case of Arif
     international agreement for the protection of                     Altiney v. Bundesanstalt fur Arbeit ( Federal Employment
     geographical designations of origin and names of                  Office ) on the following question:
     certain products ( which protects the designation
     ' Gorgonzola') and referring to a national prohibition            Is a Turkish worker duly registered as belonging to the
     of misleading statements ?                                        labour force of a Member State, within the meaning of
                                                                       Article 6 ( 1 ) of Decision No 1 /80 of the EEC-Turkey
— Does it make any difference to the answer to that                    Association Council on the development of the
     question if the packaging of the cheese designated as             Association, and is he legally employed in that State, if he
     'Cambozola' bears a clearly visible indication of the             has been permitted to work only for a limited period not
     country of manufacture ('Deutscher Weichkase'), if                exceeding three years as a speciality chef in a speciality
                                                                       restaurant ?
     that cheese is as a rule not displayed and sold to
     consumers in the form of whole cheeses, but in pieces,
     sometimes without the original packaging ?
                                                                       Reference for a preliminary ruling by the Cour d'Arbitrage
                                                                       of the Kingdom of Belgium by judgment of that court of
                                                                        19 February 1997 in the case brought by Federation Beige
Reference for a preliminary ruling by the Social Security              des Chambres Syndicales de Medecins concerning
Commissioner, by decision of 25 February 1997, in the                   annulment of Article 4 ( 2 ) of the Decree of the Flemish
  case of Robin Swaddling against the Adjudication Officer                               Community of 5 April 1995
                         ( Case C-90/97 )                                                       ( Case C-93/97 )
                           ( 97/C 131/19 )                                                        ( 97/C 131 /21 )
Reference has been made to the Court of Justice of the                  Reference has been made to the Court of Justice of the
                                                                        European Communities by judgment of the Cour
European Communities by decision of the Social Security
 Commissioner of 25 February 1997, which was received
                                                                        d'Arbitrage ( Court of Arbitration ) of the Kingdom of
                                                                        Belgium of 19 February 1997, received at the Court
 at the Court Registry on 3 March 1997, for a preliminary
 ruling in the case of Robin Swaddling against the                      Registry on 3 March 1997, for a preliminary ruling on the
Adjudication Officer, on the following question:
                                                                        following questions in the case brought by Federation
                                                                        Beige des Chambres Syndicales de Medecins ( Belgian
                                                                        Federation of Doctors' Associations ) concerning
 In circumstances where a person has worked and been                    annulment of Article 4 ( 2 ) of the Decree of the Flemish
 habitually resident in one Member State, has then                      Community of 5 April 1995 , amending the Decree of
 exercised the right to freedom of movement for workers to              12 June 1991 relating to universities in the Flemish
 ---pagebreak--- 26 . 4 . 97             EN                 Official Journal of the European Communities                                    No C 131 /9
Community, concerning organization of specific training               1 . On the proper interpretation of Article 26 , where in a
in general medical practice and other provisions relating                   single transaction a tour operator provides a service to the
to universities :                                                           traveller part of which is supplied to the tour operator by
                                                                            other taxable persons ('bought in') and part of which is
                                                                            supplied by the tour operator from its own resources ('in­
1 . Must Article 31 ( 1 ) ( a ) of Council Directive 93/16/                 house'), on what basis is the tour operator's margin under
      EEC f 1 ) of 5 April 1993 to facilitate the free                      Article 26 (2 ) to be calculated ?
      movement of doctors and the mutual recognition of
      their diplomas, certificates and other evidence of
      formal qualifications, in conjunction with Articles 3           2 . Is Article 26 to be interpreted as :
      and 23 and with the other provisions of Title IV of
      that Directive, be interpreted as meaning that the                    ( a ) requiring the apportionment of the total amount
      specific training in general medical practice cannot                        received by the tour operator from the traveller
      begin until after the person concerned has obtained,                        between bought in and in-house supplies by
      after at least six years' study, the diploma referred to                    reference to the costs of the components; or
      in Article 3 ?
                                                                            ( b ) as authorizing Member States to require
2 . Must Article 31 ( 1 ) ( d) of that Directive be interpreted                   apportionment by reference to such costs ( i )
      as meaning that the 'personal participation of the                          generally or ( ii ) in the case of operations of the
      trainee     in    the professional       activities   and                   kind in the issue in the present case;
      responsibilities of the persons with whom he works'
      requires the trainee to pursue the activities of a doctor                   or
      which are reserved to holders of the diplomas required
      by Articles 2 and 3 of the Directive ?
                                                                            (c ) as leaving such apportionment to be made in
                                                                                  accordance with the normal principles for
3 . If so, must that same provision be interpreted as                             determining the taxable amount under Article 1 1 ?
      meaning that the trainee should pursue the activities of
      a doctor from the beginning of the specific training in         f 1 ) OJNoL 145 , 13 . 6 . 1977, p. 1 .
      general medical practice, whether that training is the
      full-time training laid down by Article 31 of the
      Directive or the part-time training laid down by
      Article 34 ?
H OJ NoL 165 , 7. 7. 1993 , p . 1 .
                                                                      Action brought on 6 March 1997 by the Commission of
                                                                          the European Communities against the French Republic
                                                                                                  ( Case C-96/97)
                                                                                                    ( 97/C 131/23 )
Reference for a preliminary ruling by the VAT and Duties
Tribunal, by direction of that court of 26 February 1997,             An action against the French Republic was brought before
in the case of T. R Madgett and R. M. Baldwin trading as              the Court of Justice of the European Communities on
Howden Court Hotel against the Commissioners of                       6 March 1997 by tfie Commission of the European
                       Customs and Excise                             Communities, represented by Richard Wainwright and
                                                                      Jean-Francois Pasquier, acting as Agents, with an address
                          ( Case C-94/97)                             for service in Luxembourg at the office of Carlos Gomez
                            ( 97/C 131 /22                            de la Cruz, Wagner Centre, Kirchberg.
                                                                      The applicant claims that the Court should:
 Reference has been made to the Court of Justice of the
 European Communities by direction of the VAT and
 Duties Tribunal of 26 February 1997, which was received              — declare that, by failing to notify or to bring into force
 at the Court Registry on 3 March 1997, for a preliminary                    the laws, regulations and administrative provisions
 ruling in the case of T. R Madgett and R. M. Baldwin                        necessary in order to comply with Commission
 trading as Howden Court Hotel against the                                   Directive 91 /412/EEC of 23 July 1991 laying down
 Commissioners of Customs and Excise, on the following                       the principles and guidelines of good manufacturing
 questions :                                                                 practice for veterinary medicinal products ( 1 ), the
                                                                             French Republic has failed to fulfil its obligations
                                                                             under that Directive,
 If it is determined in Case C-308/96 that the provisions of
 Article 26 of the Sixth VAT Directive ( J ) apply to
 operations of the kind in issue in the present case:                  — order the French Republic to pay the costs .