CELEX: C1995/299/09
Language: en
Date: 1995-11-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 5 October 1995 in Case C-96/94 (reference for a preliminary ruling from the Tribunale di Genova): Centro Servizi Spediporto Srl gegen Spedizioni Marittima del Golfo Srl (Road transport - Tariffs - State legislation - Competition)

No C 299/6           EN                 Official Journal of the European Communities                                      11 . 11 . 95
              JUDGMENT OF THE COURT                                 or administrative action relating to proprietary medicinal
                       ( Sixth Chamber )                            products.
                      of 5 October 1995
                                                                    (') OJ No C 1 , 4 . 1 . 1994 .
in Case C-440/93 ( reference for a preliminary ruling from
the High Court of Justice, Queen 's Bench Division,
Divisional Court ): The Queen v. Licensing Authority of the
Department of Health, Norgine Limited, ex-parte: Scotia
                   Pharmaceuticals Ltd (')
 (Medicinal products — Placing on the market — Summary
                      of the proceedings)                                          JUDGMENT OF THE COURT
                         ( 95/C 299/08 )                                                     ( Sixth Chamber )
                                                                                            of 5 October 1995
                                                                    in Case C-96/94 ( reference for a preliminary ruling from the
               (Language of the case: English)                     Tribunale di Genova ): Centro Servizi Spediporto Srl gegen
                                                                                Spedizioni Marittima del Golfo Srl (')
                                                                    (Road transport — Tariffs — State legislation —
In Case C-440/93 : reference to the Court under Article 177                                     Competition)
of the EC Treaty from the High Court of Justice, Queen 's                                      ( 95/C 299/09 )
Bench Division, Divisional Court ( United Kingdom ) for a
preliminary ruling in the proceedings pending before that
court between The Queen and ( 1 ) Licensing Authority of the                        (Language of the case: Italian)
Department of Health, ( 2 ) Norgine Limited, ex-parte : Scotia
Pharmaceuticals Ltd — on the interpretation of point ( 8 ) ( a )
                                                                    (Provisional translation: the definitive translation will he
( ii ) of the second paragraph of Article 4 of Council
Directive 65/65/EEC of 26 January 1965 on the
                                                                             published in the European Court Reports)
approximation of provisions laid down by law, regulation
or administrative action relating to proprietary medicinal         In Case C-96/94 : reference to the Court under Article 1 77 of
products ( OJ , English Special Edition 1965— 1966 , p. 20 ),      the EEC Treaty by the Tribunale di Genova ( District Court,
as amended by Council Directive 87/21 /EEC of                      Genoa ) ( Italy ) for a preliminary ruling in the proceedings
22 December 1986 ( OJ 1987L 15 , p. 36 ) — the Court ( Sixth       pending before that court between Centro Servizi
Chamber ), composed of: F. A. Schockweiler, President of           Spediporto Sri and Spedizioni Marittima del Golfo Sri on the
the Chamber, G. F. Mancini, C. N. Kakouris, J. L. Murray           interpretation of Articles 3 ( g ), 5 , 30 , 85 , 86 and 90 of the
( Rapporteur ) and G. Hirsch , Judges; P. Leger,                   EC Treaty, of Council Regulation ( EEC ) No 4055/86 of
Advocate-General ; L. Hewlett, Administrator, for the              22 December 1986 applying the principle of freedom to
Registrar, has given a judgment on 5 October 1995 , in             provide services to maritime transport between Member
which it rules :                                                   States and between Member States and third countries ( OJ
                                                                    1986 L 378 , p. 1 ), and of Council Directive 92/ 106/EEC of
                                                                   7 December 1992 on the establishment of common rules for
                                                                   certain types of combined transport of goods between
on a proper construction, point (8) (a) (ii) of the second         Member States ( OJ 1992 L 368 , p. 38 ) — the Court ( Sixth
paragraph of Article 4 of Council Directive 65/65/EEC of           Chamber ), composed of F. A. Schockweiler ( Rapporteur ),
26 January 1965 on the approximation of provisions laid            President of Chamber , G. F. Mancini , J. L. Murray,
down by law, regulation or administrative action relating to       G. Hirsch and H. Ragnemalm , Judges; P. Leger;
proprietary medicinal products, as amended by Council              Advocate-General ; L. Hewlett, Administrator, for the
Directive 87/21 /EEC of 22 December 1986 , means that              Registrar, has given a judgment on 5 October 1995 , in
a national authority with competence to issue an                   which it rules :
authorization to place a medicinal product on the domestic
market may not issue such authorization where the
particulars and documents submitted in support of the               1 . neither Articles 3 (g), 5, 85 , 86 or 90 of the EC Treaty,
application for an authorization do not contain detailed                nor Article 30 of that Treaty, preclude the legislation of
references to published scientific literature presented in              a Member State from providing for roadhaulage tariffs
accordance with each of the requirements laid down                      to be approved and brought into force by the State on
in Parts 2 and 3 of the Annex to Council                                the basis of proposals submitted by a committee, where
Directive 75/31 8/EEC of 20 May 1975 on the                             that committee is composed of a majority of
approximation of the laws of Member States relating to                  representatives of the public authorities and a minority
analytical, pharmaco-toxicological and clinical standards               of representatives of the economic agents concerned and
and protocols in respect of the testing of proprietary                  in its proposals must observe certain public interest
medicinal products, and where those documents do not                    criteria, and ivhere, moreover, the public authorities do
comprise experts ' reports complying with each of the                   not relinquish their rights and powers by taking into
requirements laid down in Articles 1 and 2 of Council                   consideration, before the proposals are approved, the
Directive 75/319/EEC of 20 May 1975 on the                              observation of other public and private bodies , or even
approximation of provisions laid down by law, regulation                by fixing tariffs ex officio;
 ---pagebreak---  11 . 11 . 95           tN                   Official Journal of the European Communities                                   No C 299/7
2 . Council Directive 92/106/EEC of 7 December 1992 on                        of Article 5 (1 ) (a), is not applicable to customs
      the establishment of common rules for certain types of                  transactions in respect of goods from non-member
      combined transport of goods between Member States                       countries , in particular members of EETA ;
      does not apply to combined transport of goods between
      third   countries   and    Member     States  and      Council
                                                                         2 . the Member States are not entitled unilaterally to impose
      Regulation (EEC) No 4055/86 of 22 December 1986                         charges having equivalent effect in trade with
      applying the principle of freedom to provide services                   non-member countries. Where the prohibition of such
      to maritime transport between Member States and                         charges is contained in bilateral or multilateral
      between Member States and third countries does not
                                                                              agreements concluded by the Community with one or
      apply to the transportation by road of goods unloaded                   more non-member countries with a view to eliminating
      from the vessel.                                                        obstacles to trade and in the Council Regulations
                                                                              providing for common organization of the markets in
(') O J No C 146 , 28 . 5 . 1994 .                                            various agricultural products regarding trade with
                                                                              non-member countries, the scope of that prohibition is
                                                                              the same as in the case of intra - Community trade.
                                                                         (') OJ No C : 174 , 25 . 6 . 1994 .
                JUDGMENT OF THE COURT
                         ( Sixth Chamber )
                        of 5 October 1995
in Case C-125 /94 ( reference for a preliminary ruling from                              JUDGMENT OF THE COURT
the Giudice Conciliatore, Milan ): Aprile Srl, in liquidation ,                                    ( Sixth Chamber )
        v. Amministrazione delle Finanze dello Stato (')
                                                                                                 of 12 October 1995
(Charges having equivalent effect — Prohibition —
 Whether applicable to trade with non-member countries)                  in    Case C-236/94 : Commission of the European
                           ( 95/C 299/ 10 )
                                                                                     Communities v. Kingdom of Belgium (')
                                                                         (Failure to fulfil obligations — Directive 91/339/EEC —
                                                                                                  Non-transposition)
                 (Language of the case: Italian)
                                                                                                     ( 95 /C 299/ 1 1 )
(Provisional translation; the definitive translation will be
           published in the European Court Reports)                                         (Language of the case: French)
In Case C - 125 /94 : reference to the Court under Article 177           (Provisional translation; the definitive translation will be
of the EEC Treaty from the Giudice Conciliatore                                     published in the European Court reports)
(Judge-Conciliator ), Milan , for a preliminary ruling in the
proceedings pending before that court between Aprile Sri , in            In Case C-236/94 : Commission of the European
liquidation , and Amministrazione delle Finanze dello Stato              Communities ( Agent: Hendrik van Eier ) v. Kingdom of
— on the interpretation of Articles 3 ( a ) and ( h ), 5 , 9 , 11 , 12 , Belgium ( Agent: Jan Devadder ) — application for a
13 , 16 and 189 of the EEC Treaty and Council Directive                  declaration that, by not adopting and, in the alternative, by
83 /643 /EEC of 1 December 1983 on the facilitation of                   not communicating to the Commission within the
physical inspections and administrative formalities in                   prescribed period the laws, regulations and administrative
respect of the carriage of goods between Member States ( OJ              provisions necessary to comply with Council Directive
 1983 L 359 , p. 8 ), as amended by Council Directive                    91 /339/EEC of 18 June 1991 amending for the 11th time
87/53/EEC of 15 December 1986 ( OJ 1987 L 24 , p. 33 ) —                 Directive 76/769/EEC on the approximation of the laws,
the Court ( Sixth Chamber ), composed of F. A. Schockweiler              regulations and administrative provisions of the Member
( Rapporteur ), President of the Chamber, C. N. Kakouris,                States relating to restrictions on the marketing and use of
J. L. Murray , G. Hirsch and H. Ragnemalm, Judges;                       certain dangerous substances and preparations ( OJ 1991
D. Ruiz-Jarabo Colomer, Advocate-General ; L. Hewlett,                    L 1 86 , p. 64 ), the Kingdom of Belgium has failed to fulfil its
Administrator, for the Registrar, has given a judgment on                obligations under the EC Treaty — the Court ( Sixth
5 October 1995 , in which it rules :                                     Chamber ), composed of C. N. Kakouris , President of the
                                                                         Chamber, G. Hirsch ( Rapporteur ), G. F. Mancini , F. A.
                                                                         Schockweiler and P. J. G. Kapteyn , Judges ; G. Tesauro,
 1 . without prejudice to the application of special                     Advocate-General ; R. Grass, Registrar, has given a
      Community provisions in force governing trade with                 judgment on 12 October 1995 , in which it:
      certain   non-member countries,         Council Directive
      83/643 /EEC of 1 December 1983 on the facilitation of
      physical inspections and administrative formalities in              1 . declares that, by not adopting within the prescribed
      respect of the carriage ofgoods between Member States,                  period the laws, regulations and administrative
      as amended by Council Directive 87/53/EEC of                            provisions necessary to comply with Council Directive
       15 December 1986 , in particular the second indent                      91 /339/EEC of 18 June 1991 amending for the 11th