CELEX: C2001/150/10
Language: en
Date: 2001-05-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 January 2001 in Case C-297/99 (reference for a preliminary ruling from the Nottingham Magistrates' Court): criminal proceedings against Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley and B. Denman (Social legislation relating to road transport — Tachograph record sheets — Obligation to record periods of work, breaks in work and rest periods)

C 150/6                 EN                       Official Journal of the European Communities                                          19.5.2001
3.    The implementation of a general exemption from value added            —     time which a driver necessarily spends travelling to take over a
      tax for the supply of premises and other facilities and for the             vehicle subject to the obligation to instal and use a tachograph
      related supply of accessories or other arrangements for the                 and which is not at the driver’s home or the employer’s
      purposes of the practice of sport or physical education, where no           operational centre, regardless of whether the employer gave
      such exemption is to be found in Article 13 of Directive                    instructions as to when and how to travel or whether that choice
      77/388, constitutes a serious breach of Community law that                  was left to the driver;
      can render a Member State liable in damages.
                                                                            —     periods of driving spent by a driver whilst performing a
                                                                                  transport service falling outside the scope of Regulation
(1) OJ C 188 of 3.07.1999.                                                        No 3821/85 before taking over a vehicle to which that
                                                                                  regulation applies.
                                                                            (1) OJ C 281 of 2.10.1999.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)
                        of 18 January 2001                                                    JUDGMENT OF THE COURT
in Case C-297/99 (reference for a preliminary ruling from                                              (Fifth Chamber)
the Nottingham Magistrates’ Court): criminal proceedings
against Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley                                           of 18 January 2001
                         and B. Denman (1)
                                                                            in Case C-448/99: Commission of the European Communi-
(Social legislation relating to road transport — Tachograph                              ties v Grand Duchy of Luxembourg (1)
record sheets — Obligation to record periods of work, breaks
                     in work and rest periods)
                                                                            (Failure by a Member State to fulfil obligations — Directive
                                                                                                          97/13/EC)
                          (2001/C 150/10)
                                                                                                       (2001/C 150/11)
                   (Language of the case: English)
                                                                                                 (Language of the case: French)
In Case C-297/99: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Nottingham
Magistrates’ Court (United Kingdom), for a preliminary ruling
in the criminal proceedings pending before that court against               (Provisional translation; the definitive translation will be published
Skills Motor Coaches Ltd, B.J. Farmer, C.J. Burley and                                          in the European Court Reports)
B. Denman — on the interpretation of Article 15 of Council
Regulation (EEC) No 3821/85 of 20 December 1985 on                          In Case C-448/99: Commission of the European Communities
recording equipment in road transport (OJ 1985 L 370, p. 8)                 (Agent: M. Nolin) v Grand Duchy of Luxembourg (Agent:
— the Court (Fifth Chamber), composed of: A. La Pergola,                    P. Steinmetz) — application for a declaration that, by failing to
President of the Chamber, M. Wathelet, D.A.O. Edward, P. Jann               bring into force all of the laws, regulations and administrative
(Rapporteur) and L. Sevón, Judges; A. Saggio, Advocate                     provisions necessary to comply with Articles 8(3) and 9(2) of
General; D. Louterman-Hubeau, Head of Division, for the                     Directive 97/13/EC of the European Parliament and of the
Registrar, has given a judgment on 18 January 2001, in which                Council of 10 April 1997 on a common framework for
it has ruled:                                                               general authorisations and individual licences in the field of
                                                                            telecommunications services (OJ 1997 L 117, p. 15), the
                                                                            Grand Duchy of Luxembourg has failed to fulfil its obligations
                                                                            under that directive — the Court (Fifth Chamber), composed
On a proper construction of Article 15 of Council Regulation (EEC)          of: A. La Pergola, President of the Chamber, M. Wathelet,
No 3821/85 of 20 December 1985 on recording equipment in                    D.A.O. Edward, P. Jann and L. Sevón (Rapporteur), Judges;
road transport, a driver’s obligation to record all other periods of        P. Léger, Advocate General; R. Grass, Registrar, has given a
work extends to:                                                            judgment on 18 January 2001, in which it: