CELEX: C1995/315/08
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT of 17 October 1995 in Case C-70/94 (reference for a preliminary ruling from the Verwaltungsgericht Frankfurt am Main): Fritz Werner Industrie-Ausrüstungen GmbH v. Federal Republic of Germany (Common commercial policy - Export of dual-use goods)

25 . 11 . 95           EN                   Official Journal of the European Communities                                     No C 315/5
               JUDGMENT OF THE COURT                                   Darmstadt ( Germany ) for a preliminary ruling in the
                      of 17 October 1995                               criminal proceedings pending before that court against Peter
                                                                       Leifer, Reinhold Otto Krauskopf and Otto Holzer — on the
in Case C-70/94 ( reference for a preliminary ruling from the          interpretation of Articles 113 , 223 ( 1 ) ( b ) and 224 of the EC
Verwaltungsgericht Frankfurt am Main ): Fritz Werner                   Treaty, and Articles 1 and 11 of Council Regulation ( EEC )
Industrie-Ausrüstungen GmbH v. Federal Republic of                     No 2603/69 of 20 December 1969 establishing common
                              Germany ( J )                            rules for exports ( OJ English Special Edition 1969 ( II ),
(Common commercial policy — Export of dual-use                         p. 590 ), as amended by Council Regulation ( EEC )
                                goods)                                 No 3918/91 of 19 December 1991 ( OJ 1991 L372,p . 31 ) —
                           ( 95/C 315/08 )                             the Court, composed of: G. C. Rodriguez Iglesias, President,
                                                                       C. N. Kakouris, D. A. O. Edward, J. -P. Puissochet and G.
                (Language of the case: German)                         Hirsch ( Presidents of Chambers ), G. F. Mancini, F. A.
                                                                       Schockweiler, J. C. Moitinho de Almeida , P. J. G. Kapteyn
(Provisional translation; the definitive translation will be           ( Rapporteur ), C. Gulmann, J. L. Murray, P. Jann and H.
          published in the European Court Reports)                     Ragnemalm, Judges ; F. G. Jacobs, Advocate-General; D.
                                                                       Louterman-Hubeau, Principal Administrator, for the
In Case C-70/94 : reference to the Court under Article 177 of          Registrar, has given a judgment on 17 October 1995 in
the EC Treaty from the Verwaltungsgericht ( Administrative             which it rules that :
Court ) Frankfurt am Main for a preliminary ruling in the
proceedings pending before that court between Fritz Werner
                                                                       1 . Article 113 of the EC Treaty is to be interpreted as
Industrie-Ausrüstungen GmbH and the Federal Republic of
Germany — on the interpretation of Article 113 of the EC                    meaning that rules restricted exports of dual-use goods
                                                                            to non-member countries fall within the scope of that
Treaty — the Court, composed of: G. C. Rodriguez Iglesias,
President, C. N. Kakouris, D. A. O. Edward , J. -P. Puissochet
                                                                            Article and that in this matter the Community has
and G. Hirsch ( Presidents of Chambers ), G. F. Mancini ,
                                                                            exclusive competence, which therefore excludes the
                                                                            competence of the Member States save where the
F. A. Schockweiler, J. C. Moitinho de Almeida, P. J. G.
                                                                            Community grants them specific authorization;
Kapteyn ( Rapporteur ), C. Gulmann, J. L. Murray, P. Jann
and H. Ragnemalm, Judges; F. G. Jacobs,
Advocate-General; D. Louterman-Hubeau , Principal                      2 . Under Article 11 of Council Regulation (EEC)
Adminstrator, for the Registrar, has given a judgment on                    No 2603/69 of20 December 1 969 establishing common
17 October 1995 , in which it rules that:                                   rules for exports, at last amended by Council Regulation
                                                                            (EEC) No 3918/91 of 19 December 1991 , a Member
Article 113 of the EC Treaty, and in particular Article 11 of               State may, exceptionally, adopt national measures
Council Regulation (EEC) No 2603/69 of 20 December                          restricting the export of dual-use goods to non-member
1969 establishing common rules for exports, do not                          countries on the ground that this is necessary in order to
preclude national provisions applicable to trade with                       prevent the risk of a serious disturbance to its foreign
non-member countries under which the export of a product                    relations or to the peaceful coexistence of nations which
capable of being used for military purposes is subject to the               may affect the public security of a Member State within
issue ofa licence on the ground that this is necessary in order             the meaning of that article;
to avoid the risk of a serious disturbance to its foreign
relations which may affect the public security of a Member
State within the meaning of Article 11 of the Regulation.              3 . If there is a threat to public security, which is a matter
                                                                            for the national court to consider, an obligation on the
(') O J No C 90 , 26 . 3 . 1994 .
                                                                            applicant to prove that the goods will be used
                                                                            exclusively for civil purposes or a refusal to issue a
                                                                            licence if the goods can objectively be used for military
                                                                            purposes can be consistent with the principle of
                                                                            proportionality;
               JUDGMENT OF THE COURT
                       of 17 October 1995                              4 . Community law does not preclude national authorities
in Case C-83/94 ( reference for a preliminary ruling from the               from making breaches of the licensing procedure subject
Landgericht Darmstadt ): Criminal proceedings against                       to criminal penalties, provided that the penalties
                   Peter Leifer and Others ( l )                            applicable do not exceed what appears to be
                                                                            proportionate in relation to the public security aim
 (Common commercial policy — Export of dual-use                             pursued;
                                goods)
                            ( 95/C 315/09 )
                                                                        5 . Article 1 of Regulation (EEC) No 2603/69 confers on
                (Language of the case: German)                              individuals rights which they may assert before the
                                                                            courts .
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)                      (') OJ No C 120 , 30 . 4 . 1994 .
 In Case C-83/94 : reference to the Court under Article 177 of
 the EEC Treaty from the Landgericht ( Regional Court )