CELEX: C1996/108/01
Language: en
Date: 1996-04-13 00:00:00
Title: JUDGMENT OF THE COURT (Third Chamber) of 18 January 1996 in Case C-446/93 (reference for a preliminary ruling from the Tribunal Tributário de Segunda Instância): SEIM v. Subdirector-Geral das Alfândegas (Repayment or remission of import duties)

13 . 4 . 96            EN                   Official Journal of the European Communities                                      No C 108/ 1
                                                                       I
                                                                 (Information)
                                                COURT OF JUSTICE
                                                           COURT OF JUSTICE
               JUDGMENT OF THE COURT                                      J. C. Moitinho de Almeida ( Rapporteur ) and C. Gulmann,
                        (Third Chamber )                                  Judges; G. Cosmas, Advocate-General ; R. Grass, Registrar,
                                                                           has given a judgment on 18 January 1 996, in which it
                       of 18 January 1996                                  rules :
in Case C-446/93 ( reference for a preliminary ruling from
the Tribunal Tributário de Segunda Instância ): SEIM v.
             Subdirector-Geral das AlfândegasH                             1 . The decision of the national customs authority, adopted
          (Repayment or remission of import duties)                            pursuant to Article 7 ( 1 ) of Commission Regulation
                                                                               (EEC) No 1574/80 of 20 June 1980 laying down
                          ( 96/C 108/01 )                                      provisions for the implementation of Articles 16 and 1 7
                                                                               of Council Regulation (EEC) No 1430/79, relates
                                                                               directly to the obligation of a natural or legal person to
             (Language of the case: Portuguese)                                pay the amount of the import duties applicable under
                                                                               the current provisions to the goods subject to such
                                                                               duties. It is for the national court to draw the relevant
(Provisional translation; the definitive translation will be                   conclusions from that finding when determining
          published in the European Court Reports)                             whether it has jurisdiction in the matter.
In Case C-446/93 : reference to the Court under Article 177                2 . The words 'duties . . . which have not yet been paid'
of the EC Treaty by the Tribunal Tributârio de Segunda                         appearing in Article 1 (2) (d) of Council Regulation
Instância ( Portugal ) for a preliminary ruling in the                         (EEC) No 1430/79 of 2 July 1979 on the repayment or
proceedings pending before that court between SEIM                             remission of import or export duties do not refer only to
Sociedade de Exportaçâo e Importaçâo de Materials Lda                          duties whose payment has been deferred.
and Subdirector-Geral das Alfândegas — on the
interpretation of Council Regulation ( EEC ) No 1430/79 of
2 July 1979 on the repayment or remission of import or                     3 . Examination of the fourth question has disclosed no
export duties ( OJ 1979 L 175 , p . 1 ), as amended by Council                 factor of such a kind as to call in question the validity of
Regulation ( EEC ) No 3069/86 of 7 October 1986 ( OJ 1986                      Article 4 (2) (c) of Commission Regulation (EEC)
L 286 , p . 1 ), Commission Regulation ( EEC ) No 1574/80                      No 3799/86 of 12 December 1986 laying down
of 20 June 1980 laying down provisions for the                                 provisions for the implementation ofArticles 4a, 6a, 11a
implementation of Articles 16 and 17 of Council Regulation                     and 13 of Council Regulation (EEC) No 1430/79.
 ( EEC ) No 1430/79 ( OJ 1980 L 161 , p . 3 ) and Commission
Regulation ( EEC ) No 3799/86 of 12 December 1986 laying
down provisions for the implementation of Articles 4a , 6a ,               4 . Where, in an application actually seeking remission of
 11a and 13 of Council Regulation ( EEC ) No 1430/79 ( OJ                      import duties, the person concerned relies on facts
 1986 L 352 , p . 19 ) and on the validity of Article 4 ( 2 ) ( c ) of         capable of constituting a special situation within
 Regulation No 3799/86 , — the Court ( Third Chamber),                         the meaning of Article 13 (1 ) of Regulation (EEC)
 composed of: J. -P. Puissochet, President of the Chamber,                     No 1430/79 , without, however, expressly mentioning
 ---pagebreak--- No C 108/2               EN                    Official Journal of the European Communities                                     13 . 4 . 96
      that provision, that omission does not prevent the                                  JUDGMENT OF THE COURT
      national customs authority from considering the                                              ( Sixth Chamber)
      application with reference to that provision.
                                                                                                of 1 February 1996
                                                                          in Case C-280/94 ( reference for a preliminary ruling from
(') OJ No C 18 , 21 . 1 . 1994 .
                                                                          the Centrale Raad van Beroep ): Y. M. Posthuma­
                                                                          van Damme v. Bestuur van de Bedrijfsvereniging voor
                                                                          Detailhandel, Ambachten en Huisvrouwen, and N. Oztürk
                                                                          v. Bestuur van de Nieuwe Algemene Bedrijfsvereniging (')
                                                                          (Equal treatment for men and women — Social security —
                                                                          Directive 79/7/EEC — Interpretation of the judgment of
                                                                          24 February 1994 in Case C-343/92 De Weerd, née Roks,
                                                                                                       and Others)
               JUDGMENT OF THE COURT
                                                                                                     ( 96/C 108/03 )
                          ( Sixth Chamber )
                        of 1 February 1996
in Case C-l 77/94 ( reference for a preliminary ruling                                     (Language of the case: Dutch)
from the Pretura Circondariale, Rome, Sezione Distaccata
di Frascati ): criminal proceedings against Gianfranco
                                 Perfili ( 1 )
(Freedom of establishment — Freedom to provide services                   (Provisional translation; the definitive translation will be
           — Judicial procedure — Discrimination)                                   published in the European Court Reports)
                             { 96/C 108/02 )
                                                                          In Case C-280/94 : reference to the Court under Article 177
                 (Language of the case: Italian)                          of the EC Treaty from the Centrale Raad van Beroep
                                                                          ( Higher Social Security Court ) for a preliminary ruling in the
(Provisional translation; the definitive translation will be              proceedings pending before that court between
                                                                          Y.    M.   Posthuma-van        Damme     and Bestuur    van    de
          published in the European Court Reports)
                                                                          Bedrijfsvereniging voor Detailhandel, Ambachten en
                                                                          Huisvrouwen, and, on the other hand, between N. Oztiirk
In Case C-177/94 : reference to the Court under Article 177               and Bestuur van de Nieuwe Algemene Bedrijfsvereniging —
of the EC Treaty from the Pretura Circondariale ( District                on the interpretation of Council Directive 79/7/EEC of
Magistrate's Court ), Rome, Sezione Distaccata di Frascati                 19 December 1978 on the progressive implementation of
 ( Frascati Division) for a preliminary ruling in the criminal            the principle of equal treatment for men and women in
proceedings pending before that court against Gianfranco                  matters of social security ( OJ 1979 L 6 , p . 24 ) — the Court
Perfili, civil party: Lloyd's of London — on the                           ( Sixth Chamber ), composed of: C. N. Kakouris, President of
interpretation of Articles 3 , 5 and 6 of the EC Treaty and               the Chamber, G. Hirsch, G. F. Mancini , F. A. Schockweiler
Article 6 of the European Convention for the protection of                 ( Rapporteur ) and H. Ragnemalm, Judges; N. Fennelly,
human rights and fundamental freedoms of 4 November                       Advocate-General; H. A. Riihl, Principal Administrator, for
 1950, the Court ( Sixth Chamber ), composed of:                          the Registrar, has given a judgment on 1 February 1996 , in
 C. N. Kakouris, President of the Chamber, G. F. Mancini,                 which it rules :
 F. A. Schockweiler ( Rapporteur ), J. L. Murray and
 H. Ragnemalm, Judges; P. Léger, Advocate-General ;
 R. Grass, Registrar, gave a judgment on 1 February 1996 ,
                                                                           Article 4 (1 ) of Council Directive 79/7/EEC of 19 December
 the operative part of which is as follows :
                                                                           1978 on the progressive implementation of the principle of
                                                                           equal treatment for men and women in matters of social
 Article 6 of the EC Treaty in conjunction with Articles 52                security does not preclude the application of national
 and 59 thereof, laying down the principle of non­                         legislation which makes receipt of a benefit for incapacity
 discrimination on the grounds of nationality, must be                     for work subject to the requirement of having received a
  interpreted as not precluding a Member State's legislation               certain income from or in connection with work in the year
 from requiring a victim of a criminal offence who wishes to               preceding the commencement of incapacity, even if it is
  bring suit as a civil party in criminal proceedings to grant his         established that that requirement affects more women than
                                                                           men .
  representative a special power of attorney, even when the
  law of the Member State of which the victim is a national
  does not lay down such a formality.
                                                                            (') OJ No C 351 , 10 . 12 . 1994 .
  C ) OJ 1994 C 233 , 20 . 8 . 1994 .