CELEX: C1996/336/38
Language: en
Date: 1996-11-09 00:00:00
Title: Reference for a preliminary ruling from the Cour d'Appel de Versailles by judgment of that court of 8 September 1995 in the case of Javico International and Javico AG v. Yves Saint Laurent Parfums (Case C-306/96)

No C 336/20           EN                   Official Journal of the European Communities                                     9 . 11 . 96
    and Chemnitz, in the form of investment subsidies                 de Versailles ( Versailles Court of Appeal ) of 8 September
    amounting to DM 90,7 million, the Federal Republic of             1995 , which was received at the Court Registry on
    Germany has infringed the decision of the Commission              23 September 1996 , for a preliminary ruling in the case of
    of 26 June 1996 on the grant of aid by Germany to the             Javico International and Jafico AG v. Yves Saint Laurent
    Volkswagen group for works in Mosel and Chemnitz                  Parfums on the following questions :
    and the third sentence of Article 93 ( 3 ) of the EC
    Treaty,                                                           1 . Where an undertaking ( the supplier ) situated in a
                                                                           Member State of the European Union by contract
— order the Federal Republic of Germany to pay the                         entrusts another undertaking ( the distributor ) situated
    costs .                                                                in another Member State with the distribution of its
                                                                           products in a territory outside the Union, must
Pleas in law and main arguments adduced in support:                        Article 85 ( 1 ) of the Treaty establishing the European
                                                                           Community be interpreted as prohibiting provisions in
Infringement of Community law, in particular the third                     that contract which preclude the distributor from
sentence of Article 93 ( 3 ) of the EC Treaty: the legality of the         effecting any sales in a territory other than the
decision of the Commission is a matter to be determined by                 contractual territory, and hence any sale in the Union,
the Court of First Instance, in which the Free State of Saxony             either by direct marketing or by redirection from the
has in the meantime lodged an application for a declaration                contractual territory ?
of nullity pursuant to Article 173 of the EC Treaty ( Case
T-126/96 ). Until such time as a final judgment has been              2 . In the event that the said Article 85 ( 1 ) prohibits such
delivered in that action, Germany and, consequently, the                   contractual provisions, must it be interpreted as not
Free State of Saxony are obliged to comply fully with the                  being applicable where the supplier otherwise
decision of the Commission .
                                                                           distributed his products on the territory of the Union by
                                                                           means of a selective distribution network which has
                                                                           been the subject of an exemption decision under
                                                                           Article 85 ( 3 )?
Reference for a preliminary ruling by the Tribunale
Amministrativo Regionale della Liguria in the case Fiera
SpA against Unità Sanitaria Locale No 3 ( Genoa ) and
                    Impresa Romagnoli SpA
                        ( Case C-304/96 )                             Reference for a preliminary ruling by the High Court of
                          ( 96/C 336/37 )                             Justice, Queen's Bench Division, by order of that court of
                                                                      16 November 1995 , in the case of the Commissioners of
Reference has been made to the Court of Justice of the                Customs and Excise against T. P. Madgett and R. M.
European Communities by an order of the Tribunale                             Baldwin trading as The Howden Court Hotel
Amministrativo Regionale della Liguria ( Regional                                              ( Case C-308/96 )
Administrative Court of Liguria ), First Civil Chamber, of                                       ( 96/C 336/39 )
4 July 1 996 , received at the Court Registry on 1 9 September
1996 , for a preliminary ruling in the case of Hera SpA
against Unita Sanitaria Locale No 3 ( Genoa ) and Impresa             Reference has been made to the Court of Justice of the
Romagnoli SpA, on the question :                                      European Communities by an order of the High Court of
                                                                      Justice, Queen's Bench Division, of 16 November 1995 ,
whether or not the Community rules allow — and if so in               which was received at the Court Registry on 23 September
what cases — a Member State to make temporary                          1996 , for a preliminary ruling in the case of the
exceptions regarding the entry into force of directives where         Commissioners of Customs and Excise against T. P.
the latter prescribe an appropriate time-limit.                       Madgett and R. M. Baldwin trading as The Howden Court
                                                                      Hotel , on the following questions:
                                                                       1 . What are the criteria for determining whether the
                                                                           operations of a taxable person are the operations of a
                                                                           'travel agent' or 'tour operator' to which the provisions
Reference for a preliminary ruling from the Cour d'Appel de                of Article 26 of Council Directive 77/388/EEC ( ! ) of
Versailles by judgment of that court of 8 September 1995 in                 17 May 1977 on the harmonization of the laws of the
the case of Javico International and Javico AG v. Yves Saint               Member States relating to turnover tax ( the sixth
                        Laurent Parfums                                     Directive on value added tax ) apply ? In particular, do
                        ( Case C-306/96 )                                  the said provisions apply to the operations of a person
                                                                           who, though not a 'travel agent' or 'tour operator' in the
                           ( 96/C 336/38 )                                  ordinary English meanings of those expressions ,
                                                                            provides for the benefit of travellers services of a kind
Reference has been made to the Court of Justice of the                      commonly provided by travel agents or tour
European Communities by a judgment of the Cour d'Appel                      operators ?