CELEX: C1996/180/13
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 21 March 1996 in Case C-39/95 (reference for a preliminary ruling from the Tribunal de Police, La Rochelle): Criminal proceedings against Pierre Goupil (Social legislation relating to road transport - Derogation for refuse vehicles)

22 . 6 . 96           EN                    Official Journal of the European Communities                                 No C 180/7
2 . In areas not covered by Regulation (EEC) No 3820/85,                              JUDGMENT OF THE COURT
     Member States remain competent to adopt rules on                                        of 26 March 1996
     driving periods.
                                                                       in Case C-3 92/93 ( reference for a preliminary ruling from
                                                                       the High Court of Justice, Queen's Bench Division,
0 ) OJ No C 392, 31 . 12 . 1994 .                                      Divisional Court ): The Queen v. H. M. Treasury, ex parte:
                                                                                     British Telecommunications plc (')
                                                                       (Reference for a preliminary ruling — Interpretation of
                                                                       Directive      90/531/EEC     —     Telecommunications       —
                                                                        Transposition into national law — Obligation to pay
                                                                         compensation in the event of incorrect implementation)
                                                                                                 96/C 180/ 14 )
              JUDGMENT OF THE COURT
                         ( First Chamber)
                       of 21 March 1996
                                                                                       (Language of the case: Englisb)
in Case C-39/95 ( reference for a preliminary ruling from the
Tribunal de Police, La Rochelle ): Criminal proceedings
                   against Pierre Goupil f 1 )
(Social legislation relating to road transport — Derogation
                        for refuse vehicles)                           In Case C-3 92/93 : reference to the Court under Article 177
                           ( 96/C 180/ 13 )                            of the EC Treaty by the High Court of Justice, Queen's
                                                                       Bench Division, Divisional Court, for a preliminary ruling
                                                                       in the proceedings pending before that court between
                (Language of tbe case: Frencb)                         the Queen and H. M. Treasury, ex parte British
                                                                       Telecommunications pic, on the interpretation of
                                                                       Article 8 ( 1 ) of Council Directive 90/531 /EEC of
(Provisional translation; the definitive translation will be            17 September 1990 on the procurement procedures of
          published in the European Court Reports)                     entities operating in the water, energy, transport and
                                                                       telecommunications sectors ( OJ No L 297, 1990 , p . 1 ) —
                                                                       the Court, composed of G. C. Rodriguez Iglesias, President,
In Case C-39/95 : reference to the Court under Article 177 of           C. N. Kakouris, D. A. O. Edward and J. -P. Puissochet,
the EC Treaty from the Tribunal de Police ( Local Criminal              Presidents of Chambers , G. F. Mancini, F. A. Schockweiler,
Court ), La Rochelle, for a preliminary ruling in the criminal         J. C. Moitinho de Almeida ( Rapporteur ), C. Gulmann and
proceedings pending before that court against Pierre Goupil            J. L. Murray, Judges; G. Tesauro, Advocate-General ; L.
on the interpretation of Article 4 ( 6 ) of Council Regulation          Hewlett, Administrator, for the Registrar, has given a
( EEC ) No 3820/85 of 20 December 1985 on the                           judgment on 26 March 1996 , in which it rules :
harmonization of certain social legislation relating to road
transport ( OJ No L 370, 1985 , p . 1 ) — the Court ( First
Chamber), composed of D. A. O. Edward ( President of the
Chamber ), P. Jann ( Rapporteur ) and L. Sevon, Judges; P.
Léger, Advocate-General; H. von Holstein , Deputy
Registrar, for the Registrar, has given a judgment on                   1 . It is not open to a Member State, when transposing into
21 March 1996 in which it rules :                                           national law Council Directive 90/531 /EEC of
                                                                            1 7 September 1 990 on the procurement procedures of
                                                                            entities operating in the water, energy, transport and
The words 'vehicles used in connection with . . . refuse                    telecommunications      sectors,    to determine     which
collection and disposal ' in Article 4 (6) of Council                       telecommunications services are to be excluded from its
Regulation (EEC) No 3820/85 of20 December 1985 on the                       scope in implementation of Article 8 (1 ), since that
harmonization of certain social legislation relating to road                power is vested in the contracting entities themselves.
transport must be interpreted as covering vehicles used for
the collection of waste of all kinds which is not subject to
more specific rules and for the transportation of such waste
over short distances, within the context of a general service
in the public interest provided directly by the public                  2 . The criterion laid down by Article 8 (1 ) of Directive
authorities or by private undertakings under their                          90/531 , namely that 'other entities are free to offer the
control.                                                                    same services in the same geographical area and under
                                                                            substantially the same conditions ', is to be verified as a
                                                                            matter of law and of fact, having regard in particular to
 (') OJ No C 87, 8 . 4 . 1995 .                                             all the characteristics of the services concerned, the
                                                                            existence of alternative services, price factors, the
                                                                            dominance or otherwise of the contracting entity's
                                                                            position on the market and any legal constraints.