CELEX: C1995/315/07
Language: en
Date: 1995-11-25 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 17 October 1995 in Joined Cases C-59/94 and C-64/94 (references for a preliminary ruling from the Cour d'Appel, Pau): Ministre des Finances v. Société Pardo & Fils and Camicas Sarl (Common Customs Tariff - Tariff headings - Beverages - Preparations of wines of fresh grapes - Sangria)

No C 315/4              EN               Official Journal of the European Communities                                    25 . 11 . 95
fisheries and aquaculture ( OJ 1992 L 389, p. 1 ) and                             JUDGMENT OF THE COURT
Commission Decision 92/593/EEC of 21 December 1992 on
                                                                                           ( Second Chamber)
a multiannual guidance programme for the fishing fleet of
the United Kingdom for the period 1993 to 1996 pursuant                                  of 17 October 1995
to Council Regulation ( EEC ) No 4028/86 ( OJ 1992 L 401 ,          in Joined Cases C-59/94 and C-64/94 ( references for a
p. 33 ), as well as certain general principles of Community         preliminary ruling from the Cour d'Appel, Pau ): Ministre
law, the Court, composed of: G. C. Rodriguez Iglesias,              des Finances v. Societe Pardo & Fils and Camicas Sari f 1 )
President, D. A. O. Edward, J. -P. Puissochet and G. Hirsch
                                                                    (Common Customs Tariff — Tariffheadings — Beverages
( Presidents of Chambers ), F. A. Schockweiler, J. C.                   — Preparations of wines of fresh grapes — Sangria)
Moitinho de Almeida , P. J. G. Kapteyn ( Rapporteur ),
C. Gulmann, J. L. Murray, P. Jann and H. Ragnemalm,                                           ( 95/C 315/07 )
Judges; G. Tesauro, Advocate-General; Lynn Hewlett,
Administrator, for the Registrar, has given a judgment on
17 October 1995 , in which it ruled that:
                                                                                   (Language of the case: French)
1 . Commission Decision 92/593/EEC of 21 December
     1992 on a multiannual guidance programme for the               (Provisional translation; the definitive translation will be
     fishing fleet of the United Kingdom for the period 1 993                published in the European Court Reports)
     to 1996 pursuant to Council Regulation (EEC)
     No 4028/86 must be interpreted as enabling the United
     Kingdom to limit the number of days a year that vessels
     over 1 0 metres in length may spend at sea in so far as a      In Joined Cases C-59/94 and C-64/94 : reference to the
     maximum of 45 % of the overall target set in that              Court under Article 177 of the EEC Treaty from the Cour
     decision may be achieved by measures other than                d'Appel ( Court of Appeal ), Pau , for a preliminary ruling in
     reductions in the capacity of the fishing fleet. The           the proceedings pending before that court between Ministre
     decision does not preclude that Member State from              des Finances and Societe Pardo et Fils ( Case C-59/94 ) and
     adopting technical conservation measures, provided             between Ministre des Finances and Camicas Sari ( Case
     that they have been approved by the Commission .               C-64/94 ) on the interpretation of headings 2205 and 2206
                                                                    of the combined nomenclature of the Common Customs
                                                                    Tariff, in the versions laid down by Council Regulation
                                                                    ( EEC ) No 2658/87 of 23 July 1987 on the tariff and
2 . The answers to the first question are not affected by the       statistical nomenclature and on the Common Customs
     fact that the Member State concerned did not achieve the       Tariff ( OJ 1987 L 256 , p. 1 ) and Commission Regulation
     targets set by the previous MAGP.                              ( EEC ) No 3174/88 of 21 Sepember 1988 amending Annex I
                                                                    to Council Regulation ( EEC ) No 2658/87 on the tariff and
                                                                    statistical nomenclature and on the Common Customs
3 . Articles 6, 34, 39 and 40 (3) of the Treaty, Council            Tariff ( OJ 1988 L 298 , p. 1 ), the Court ( Second Chamber ),
     Regulation (EEC) No 3759/92 ofl 7 December 1 992 on            composed of: G. Hirsch ( Rapporteur ), President of the
     the common organization of the market in fishery and           Chamber, G. F. Mancini and F. A. Schockweiler, Judges;
     aquaculture products, Council Regulation (EEC)                 F. G. Jacobs, Advocate-General; R. Grass, Registrar, gave a
     No 3760/92 of 20 December 1992 establishing a                  judgment on 17 October 1995 , in which it rules :
     Community system for fisheries and aquaculture, the
     principle of equal treatment, the right to property, the
     freedom to pursue a trade or professional activity and
     the principle of proportionality do not preclude the           Heading 2205 of the combined nomenclature for the
     adoption by a Member State of measures of the kind             Common Customs Tariff, in the versions laid down in
     referred to in the first question.                             Council Regulation (EEC) No 2658/87 of 23 July 1987 on
                                                                    the tariff and and statistical nomenclature and on the
                                                                    Common Customs Tariff and Commission Regulation
4 . The answers given to the other questions can be affected        (EEC) No 3174/88 of 21 September 1988 amending
     by neither the nature of the stock caught by a vessel, nor     Annex I to Council Regulation (EEC) No 2658/87 on the
     the extent to which the restrictions in question affect        tariff and statistical nomenclature and on the Common
     normal fishing, other operations ofindividual fishermen        Customs Tariff, is to be interpreted as covering a beverage
     and the market in fish, nor the opportunity given to a         described as 'sangria ' consisting of more than 50 % wine of
     national authority to make derogations in favour of            fresh grapes together with water, sugar and fruit
                                                                    extracts .
     particular sectors of the United Kingdom fishing
     fleet.
                                                                    (') OJ No C 90 , 26 . 3 . 1994 and OJ No C 103 , 11 . 4 . 1994 .
(') OJ No C 90 , 26 . 3 . 1994 .