CELEX: C1996/158/06
Language: en
Date: 1996-06-01 00:00:00
Title: Reference for a preliminary ruling by order of the Pretura Circondariale di Roma, Tivoli Division, of 21 February 1996 in the criminal proceedings pending before that court against Italia Testa (Case C-101/96)

1 . 6 . 96            I hN     i               Official Journal of the European Communities                                    No C 158/3
entitled to compete for the course-teaching appointments                  Commerce ( Commercial Court ) of 1 March 1996 , received
and temporary university teaching posts .                                 at the Court Registry on 18 March 1996 , for a preliminary
                                                                          ruling in the case of URSSAF des Bouches-du-Rhône against
C ) OJ , English Special Edition 1958 ( II ), p . 457                     Clinique de la Pointe Courte SA, intervener: Jean Chouraqui
                                                                          (C - 95/96 ) and in the case of URSSAF des Bouches­
                                                                          du-Rhône against Clinique Florens SA, intervener : Jean
                                                                          Chouraqui (C- 96/96 ) on the following question :
                                                                          May the French State initiate proceedings against Mr Jean
Action brought on 25 March 1996 by the Commission of
                                                                          Chouraqui , in his capacity as an Agent ('), before having
the European Communities against the Hellenic Republic
                                                                          made good the damage suffered by him and for which the
                          ( Case C-94/96 )                                State was responsible , bearing in mind that the sums due are
                            ( 96/C 158 /04                                closely linked to the harm suffered by Mr Chouraqui as a
                                                                          result of his irregular imprisonment since he was acquitted
An action against the Hellenic Republic was brought before                by the Cour d'assises by judgment of 16 December 1994 and
the Court of Justice of the European Communities on                       the judicial receivership proceedings aggravate the harm
                                                                          suffered ?
25 March 1996 by the Commission of the European
Communities, represented by Maria Condou-Durande, of
its Legal Service, with an address for service in Luxembourg              (') That is 'in his capacity as an agent for EURL Jean Chouraqui,
at the office of Carlos Gômez de la Cruz, of the                               proprietor of the legal person liable for sums payable to the
Commission's Legal Service , Wagner Centre, Kirchberg.                         French State'; ' since the plea in law based on the difference
                                                                               between the French State and the URSSAF must be rejected '.
The applicant claims that the Court should :
— declare that by failing to adopt in due time the laws,
      regulations and administrative provisions necessary in
      order to comply with Council Directive 92/116/EEC ( 1 )
      of 17 December 1992 amending and updating Directive
      71 /118/EEC ( 2 ) on health problems affecting trade in
      fresh poultrymeat, the Hellenic Republic has failed                 Reference for a preliminary ruling by order of the Pretura
      to fulfil its obligations under the Treaty and that                 Circondariale di Roma, Tivoli Division, of 21 February
      Directive ;                                                         1996 in the criminal proceedings pending before that court
                                                                                                   against Italia Testa
— order the Hellenic Republic to pay the costs .
                                                                                                     Case C-101 /96 )
Pleas in law and main arguments                                                                       ( 96/C 158/06
Under Article 189 , third paragraph, of the Treaty
establishing the European Community directives are to be                  Reference has been made to the Court of Justice of the
binding upon each Member State to which they are                          European Communities by order of the Pretura
addressed . The Hellenic Republic has not yet adopted the                 Circondariale di Roma ( District Magistrates ' Court, Rome ),
measures necessary to incorporate the relevant directive                  Tivoli Division, of 21 February 1996 , which was received at
fully into Greek law.                                                     the Court Registry on 26 March 1996 , for a preliminary
                                                                          ruling in the criminal proceedings pending before that court
                                                                          against Italia Testa on the following questions:
C ) OJ No L 62 , 1993 , p . 1 .
( 2 ) OJ, English Special Edition 1971 , p . 106 .
                                                                          A. May the national legislation conferring on the SIAE (')
                                                                                the exclusive right to manage copyright impede or
                                                                                prevent the import or export of sound recordings which
                                                                                have been lawfully marketed in another State ?
References for a preliminary ruling by the Tribunal de                    B. In the context of the single market, characterized by the
Commerce de Marseille by judgments of that court of                             free movement of goods and the freedom to provide
1 March 1996 in the case of URSSAF des Bouches­
                                                                                services, may the SIAE require payments in all cases and
du-Rhône against Clinique de la Pointe Courte SA,                               circumstances on behalf of authors, relying on recourse
intervener: Jean Chouraqui ( C-95/96 ) and in the case of                       to criminal proceedings in order to give effect to that
URSSAF des Bouches-du-Rhône against Clinique Florens                            power and enforce its claims ?
           SA, intervener: Jean Chouraqui ( C-96/96 )
                  ( Cases C-95/96 and C-96/96 )
                                                                          C. Is the legislation and the national case-law referred to by
                            ( 96/C 158/05 )                                     the SIAE in its application to join the proceedings as a
                                                                                party claiming damages liable to give rise to arbitrary
Reference has been made to the Court of Justice of the                          discrimination or a disguised restriction of trade, into
European Communities by judgments of the Tribunal de                            and out of Italy, in relation to the commercial
 ---pagebreak--- No C 158/4                  EN                   Official Journal of the European Communities                                      1 . 6 . 96
      exploitation of copyright vis-à-vis the other Member                       criterion for ascertaining whether there is a pronounced
      States of the European Union ?                                             sexual odour; that leads to the systematic rejection of
                                                                                 imports from Denmark, where testing is done by the
C ) Società Italiana Autori ed Editori — Italian Society of Authors              ' scatol ' method recognized by the competent authorities
     and Publishers .                                                            there . The German authorities wrongly invoke
                                                                                 Article 7 ( 1 ) ( b ) of the Directive, since the German
                                                                                 practice is not directed to control by spot checks of
                                                                                 compliance with the Community rules but to the
                                                                                 systematic enforcement of a method which is recognized
                                                                                 by Germany as the only reliable one .
                                                                            — Infringement of the conditions under Community law
Action brought on 27 March 1996 by the Commission of
                                                                                 for a declaration of unfitness for consumption under
the European Communities against the Federal Republic of
                                                                                 Article 5 of Directive 64/433/EEC as amended by
                                  Germany
                                                                                 Directive 91 /497/EEC : In the framework of control by
                             ( Case C- 1 02/96 )                                 spot checks, the country of destination may indeed apply
                               ( 96/C 158 /07 )                                  a suitable method of its own choice, but it is not entitled
                                                                                 on that basis to deny the fitness for consumption of all
                                                                                 consignments of meat which have been found to be fit
An action against the Federal Republic of Germany was                            for consumption in the country of origin . That would
brought before the Court of Justice of the European                              not be compatible with the principle of the internal
Communities on 27 March 1996 by the Commission of the                            market, nor with Article 8 of Directive 89/662/EEC,
European Communities, represented by Klaus-Dieter                                which provides for a sort of arbitration procedure in
Borchardt, of its Legal Service, with an address for service in                  which the Commission plays a decisive part.
Luxembourg at the office of Carlos Gomez de la Cruz, of its
Legal Service , Wagner Centre, Kirchberg.                                        That procedure has already led, with respect to the
                                                                                 ' scatol' method applied in Denmark , whose reliability
The applicant claims that the Court should :                                     was also doubted by France, to a confirmation of that
                                                                                 method; unlike the French authorities, the German
 1 , declare that, by imposing the special obligation of                         authorities refuse to respect that result.
      marking and subjecting to heat treatment under
      Article 6 ( 1 ) ( b ) of Directive 64/433/EEC ( ! ) the carcases      — Breach of Article 30 of the EC Treaty: The German
      of uncastrated male pigs if the meat, regardless of the                    Federal Government wrongly invokes compelling
      carcase weight, has an androstenone content of more                         reasons of consumer protection . The requirements with
      than 0,5 ^ig/g, applying Professor Claus's modified                        respect to the production and placing on the market of
      immunoenzyme test,                                                          fresh meat for human consumption have been fully
                                                                                  harmonized by Directives 64/433/EEC ( as amended
                                                                                  by Directive " 91 /497/EEC ) and 89/662/EEC . The
      and by regarding the meat as giving off a pronounced
      sexual odour and consequently unfit for human                               declaration on the problem of boar's meat made by the
                                                                                  Council and Commission when Directive 91 /497/EEC
      consumption under Article 5 ( 1 ) ( o ) of Directive
                                                                                  was adopted has merely a clarifying function and cannot
      64/433/EEC if the threshold of 0,5 juig/g of androstenone
      is exceeded,
                                                                                  be interpreted in a way which is incompatible with the
                                                                                  wording of the Directive .
      the Federal Republic of Germany has failed to fulfil its
      obligations under Article 6 ( 1 ) ( b ) and Article 5 ( 1 ) ( o )     (') OJ , English Special Edition 1963-1964 , p . 185 .
                                                                            C-) OJ No L 268 , 1991 , p . 69 .
      of Directive 64/433/EEC as amended by Directive                       (■') OJ No L 395 , 1989 , p . 13 .
      91 /497/EEC ( 2 ) in conjunction with Articles 5 ( 1 ), 7
      and 8 of Directive 89/662/EEC ( 3 ) and under Article 30
      of the EC Treaty;
 2 , order the defendant to pay the costs .
                                                                            Reference for a preliminary ruling from the Tribunal
 Pleas in law and main arguments                                            d'Instance, Lille, by judgment of that court of 19 March
                                                                            1996 in the case of Directeur Général des Douanes et Droits
 — Infringement of the conditions under Community law                                       Indirects v. Eridania Béghin-Say SA
      for imposing a special obligation of marking and heat                                            ( Case C-103/96 )
      treatment under Article 6 of Directive 64/433/EEC as
      amended by Directive 91 /497/EEC : The German                                                      ( 96/C 158/08 )
      authorities' requirement of marking and subjecting to
      heat treatment if appropriate even carcases of less than              Reference has been made to the Court of Justice of the
      80 kilograms is clearly contrary to Article 6 ( 1 ) ( b ) of the      European Communities by judgment of the Tribunal
      Directive . Also contrary to that provision is the                    d'Instance ( District Court ), Lille , of 19 March 1996 , which
      unilateral determination of a specified test as the                   was received at the Court Registry on 28 March 1996 , for a