CELEX: C1996/046/23
Language: en
Date: 1996-02-17 00:00:00
Title: Reference for a preliminary ruling by the High Court of Justice, Queen's Bench Division, by order of that court of 12 December 1995, in the case of The Queen against the Minister of Agriculture, Fisheries and Food, ex parte: The Royal Society for the Prevention of Cruelty to Animals and Compassion in World Farming Ltd. (Case C-1/96)

No C 46/12          | EN 1                     Official Journal of the European Communities                                         17. 2 . 96
which in official sectors in which fewer women than men are               against the Minister of Agriculture, Fisheries and Food, ex
employed in the relevant higher grade post in a career group,             parte: The Royal Society for the Prevention of Cruelty to
where men and women promotion candidates are equally                      Animals and Compassion in World Farming Ltd, on the
qualified ( suitability, competence and professional                      following questions:
performance ) women must be given priority unless reasons
specific to a male candidate predominate ?
                                                                          'Where :
(') OJ No L 39, 14 . 2 . 1976 , p . 40 .
                                                                          ( a ) all of the Member States have become parties to the
                                                                                 European Convention for the Protection of Animals
                                                                                 Kept for Farming Purposes 1976 ('the Convention')
                                                                                 and the Convention has been approved by EC Decision
                                                                                 78/923/EEC (*) of 18 June 1978 ( OJ L 323 , 1978 ,
                                                                                 p. 12 );
Reference for a preliminary ruling by the Tribunal de
Commerce, Nice, by judgment of that court of 1 February
1995 in the case of Societe des Grands Garages                            ( b ) the 1988 Recommendation concerning cattle ('the
Mediterraneens SA and Nissan France against Societe Nice                         Recommendation') has been adopted by the Standing
                      Quest Automobiles                                          Committee established pursuant to the Convention and
                                                                                 has    become    effective   under    the   terms    of   the
                        ( Case C-4 10/95 )                                       Convention;
                           ( 96/C 46/22 )
                                                                          (c ) the standards laid down by and pursuant to the
Reference has been made to the Court of Justice of the                           Convention contain stipulations as to the minimum
European Communities by judgment of the 7th Chamber of                           width of veal crates and the composition of veal calves '
the Tribunal de Commerce ( Commercial Court), Nice, of                           diets;
1 February 1995 , which was received at the Court Registry
on 27 December 1995 , for a preliminary ruling in the case of
Societe des Grands Garages Mediterraneens SA and Nissan                   ( d ) Council Directive 91 /629/EEC ( 2 ) lays down obligatory
France against Societe Nice Ouest Automobiles on the                             minimum standards for the protection of calves which
following question :                                                             are lower than the standards laid down by and pursuant
                                                                                 to the Convention in certain respects, including the
Must Regulation No 123/85 (*) of the European Economic                           width of veal crates and the composition of calves '
Community be interpreted as prohibiting professional                             diets;
resellers of vehicles who are not party to an exclusive
distribution network from obtaining supplies from an agent                (e ) the Directive permits Member States to maintain or
for the same manufacturer in another Member State ?
                                                                                 apply within their territories stricter provisions for the
                                                                                 protection of calves than those laid down in this
(') Commission Regulation ( EEC ) No 123/85 of 12 December                       Directive;
    1984 on the application of Article 85 ( 3 ) of the Treaty to certain
    categories of motor vehicle distribution and servicing
    agreements ( OJ 1985 L 15 , p. 16 ).                                  ( f) veal calves are exported from a Member State
                                                                                 ('Member State A') to certain other Member States
                                                                                 ('Member States B') which have implemented and/or
                                                                                 complied with the Directive but have not implemented
                                                                                 and/or complied with the standards indicated at
                                                                                 paragraph (c ) above although Member State A has
                                                                                 implemented and complied with those standards;
Reference for a preliminary ruling by the High Court of
Justice, Queen's Bench Division, by order of that court of                 ( g) the export of calves to face rearing contrary to the
 12 December 1995 , in the case of The Queen against the                         Convention is considered to be cruel and immoral by
Minister of Agriculture, Fisheries and Food, ex parte: The                       animal welfare organizations and a considerable body
Royal Society for the Prevention of Cruelty to Animals and                       of public opinion, supported by authoritative scientific
             Compassion in World Farming Ltd.                                    veterinary opinion, in the Member State from which
                            Case C-l /96 )                                       exports occur.'
                            ( 96/C 46/23 )
                                                                           1 . In the circumstances set out above, may Member State A
 Reference has been made to the Court of Justice of the                         rely on Article 36 of the EC Treaty and, in particular, the
 European Communities by an order of the High Court of                          grounds of public morality and/or public policy and/or
Justice, Queen's Bench Division, of 12 December 1995 ,                          the protection of the health or life of animals contained
 which was received at the Court Registry on 2 January                          therein, to justify any restriction in relation to the export
 1996, for a preliminary ruling in the case of The Queen                        of live calves from Member State A with a view to
 ---pagebreak--- 17. 2 . 96                 EN                 Official Journal of the European Communities                                   No C 46/13
       avoiding the rearing of those calves in the veal crate            Circondariale ( District Magistrate's Court), Ivrea —
       systems in Member States B ?                                      Sezione Distaccata di Strambino ( Strambino Section) of
                                                                         14 December 1995 , which was received at the Court
2 . If the effect of provisions of the Directive, if valid, would        Registry on 3 January 1996, for a preliminary ruling in the
       be to require the answer 'no ' to be given to question 1 ,        criminal proceedings against Carlo Sunino and Giancarlo
       are those provisions valid ?                                      Data on the following questions :
( J ) Council Decision 78/923/EEC of 19 June 1978 concerning the
      conclusion of the European Convention for the protection of        1 . May the national laws on employment procurement and
      animals kept for farming purposes (OJ No L 323 , 17. 11 . 1978,          temporary work, which relate to matters of public
      p. 12 ).                                                                 policy because their purpose is to protect the interests of
( 2 ) Council Directive 91 /629/EEC of 19 November 1991 laying                 workers and of the national economy, be considered as
      down minimum standards for the protection of calves ( OJ No              instances of the exercise of official authority within the
      L 340 , 11 . 12 . 1991 , p. 28 ).                                        meaning of the combined provisions of Articles 66 and
                                                                               55 of the EEC Treaty ?
                                                                         2 . May the Community rules relied upon in the parties'
                                                                               defence, in the absence of specific implementing
Reference for a preliminary ruling by the Pretura
Circondariale di Ivrea — Sezione Distaccata di Strambino                       provisions in that area, be considered directly applicable
                                                                               and do they permit any person subject to public or
by order of that court of 14 December 1995 in the criminal
                                                                               private law to pursue, without specific supervision or
     proceedings against Carlo Sunino and Giancarlo Data
                                                                               authorization, any activity as an intermediary between
                              (Case C-2/96 )                                   supply and demand on the employment market and/or
                               ( 96/C 46/24 )                                  as provider of labour on a temporary basis for third
                                                                               persons, in the event that a Member State is not able
Reference has been made to the Court of Justice of the                         through its own administrative apparatus fully to meet
European Communities by order of the Pretura                                   the demand for services on the labour market ?
                                                        COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                                 Regulation implementing Articles 85 and 86 of the Treaty
            ( Fourth Chamber, Extended Composition)                      ( OJ, English Special Edition 1959—1962, p. 87) — the
                                                                         Court of First Instance ( Fourth Chamber, Extended
                           of 9 January 1996                             Composition ), composed of D. P. M. Barrington, President,
in Case T-575/93 Casper Koelman v. Commission of the                     R. García-Valdecasas, K. Lenaerts, P. Lindh and J. Azizi,
                      European Communities (')                           Judges, B. Pastor, Administrator, for the Registrar, gave a
 (Regulation No 17— Rejection ofa complaint — Statement                  judgment on 9 January 1996 , in which it:
                     of reasons — National court)
                               ( 96/C 46/25 )
                                                                         1 . dismisses the applicant's claims as inadmissible in so far
                                                                               as they are not for annulment of the Commission 's
                    (Language of the case: Dutch)                              Decision of 14 October 1993 rejecting the applicant's
                                                                               complaint or for compensation;
In Case T-575/93 : Casper Koelman, resident in Brussels,                 2 . dismisses the remainder of the claims for annulment and
represented by Michel Molitor, Lambert Dupong, Pierre                          for compensation as unfounded;
Feltgen and Lucy Dupong, of the Luxembourg Bar, with an
address for service in Luxembourg at the chambers of
Michel Molitor, 14A Rue des Bains, versus Commission of                  3 . orders the applicant to pay the costs, including those of
the European Communities (Agent: Berend Jan Drijber),                          the intervener.
supported by Buma, established in Amstelveen
 (Netherlands), represented by Cornelis van Rij and Eduard
A. P. Engels, of the Amsterdam Bar, with an address for                  t 1 ) OJ No C 27, 28 . 1 . 1994 .
service in Luxembourg at the chambers of Guy Harles,
 8—10 Rue Mathias Hardt — applications concerning the
 Commission Decision of 14 October 1993 rejecting the
 applicant's complaint submitted under Article 3 (2 ) of
 Council Regulation No 17 of 6 February 1962 : First