CELEX: C1996/158/03
Language: en
Date: 1996-06-01 00:00:00
Title: Reference for a preliminary ruling from the Tribunale Amministrativo Regionale per il Veneto - Second Chamber - by order of that court of 14 December 1995 in the case of David Petrie, Robert Hill and David John Newbold v. Università degli Studi di Verona, and in the presence of Camilla Bettoni (Case C-90/96)

No C 158/2          | EN 1                  Official Journal of the European Communities                                       1 . 6 . 96
     1 7 December 1 974 concerning the right ofnationals ofa            The legislation concerns fishing boats but can equally be
     Member State to remain in the territory of another                 applied to commercial and pleasure boats which are used as
     Member State after having pursued therein an activity in           a means of pursuing an economic activity .
     a self-employed capacity.
                                                                       With regard to boats which are not used as a means of
                                                                       pursuing an economic activity but for recreational purposes,
2 . Declares that, by not taking the appropriate measures to
                                                                       the Commission considers that the requirements for their
     comply with the judgment of 4 April 1974 in Case
                                                                       registration under Greek legislation are contrary to
     167/73 Commission v. France [1974] ECR 359, the
                                                                       Articles 6 , 48 and 52 of the Treaty and to Article 7 of
     French Republic has failed to fulfil its obligations under
                                                                       Regulation ( EEC ) No 1251 /70 and Article 7 of Council
     Article 171 of the EC Treaty.                                     Directive 75/34/EEC, inasmuch as workers within the
                                                                       meaning of Article 48 , or professional people within the
3 . Orders the French Republic to pay the costs.                       meaning of Article 52, should receive the same treatment as
                                                                       nationals, both as regards the exercise of their activity and as
                                                                       regards the conditions of their residence in the State in
(') OJ No C 386 , 31 . 12 . 1994 .                                     question .
                                                                       The Commission considers that the right to register a vessel
                                                                       in the national registers of shipping and to fly the flag of the
                                                                       State in question may contribute to the absorption of a
                                                                       person into the host country and, consequently, to the
                                                                       realization of the aim of freedom of movement for persons
                                                                       within the meaning of Articles 48 and 52 of the Treaty .
Action brought on 7 March 1996 by the Commission of the
   European Communities against the Hellenic Republic
                        ( Case C-62/96 )                               C ) OJ, English Special Edition 1970 ( II ), p . 402 .
                                                                       ( 2 ) OJ No L 14, 20 . 1 . 1975 , p . 10 .
                          ( 96/C 158/02 )
An action against the Hellenic Republic was brought before
the Court of Justice on 7 March 1996 by the Commission of
the European Communities, represented by Frank Benuon,
Legal Adviser to the Commission's Legal Service and Maria
Condou-Durande of its Legal Service, with an address for              Reference for a preliminary ruling from the Tribunale
service in Luxembourg at the office of Carlo Gomez de la              Amministrativo Regionale per il Veneto — Second Chamber
Cruz, also of the Commission's Legal Service, Wagner                  — by order of that court of 14 December 1995 in the case of
Centre, Kirchberg.                                                    David Petrie, Robert Hill and David John Newbold v.
                                                                      Université degli Studi di Verona, and in the presence of
                                                                                                  Camilla Bettoni
The applicant claims that the Court should :
                                                                                                  ( Case C-90/96 )
                                                                                                    ( 96/C 158 /03 )
— declare that, by maintaining in force legal provisions
    which restrict the right to registration in the Greek
    registers of shipping to vessels owned as to a percentage         Reference has been made to the Court of Justice of the
    over 50 % by Greek nationals or by Greek legal persons            European Communities by an order of the Tribunale
    whose capital is owned as to the same percentage by               Amministrativo Regionale per il Veneto ( Regional
    Greek nationals, the Hellenic Republic has failed to fulfil       Administrative Court for the Veneto ) — Second Chamber
    its obligations under Articles 6 , 48 , 52, 58 and 221 of the     — of 14 December 1995 , which was received at the Court
    EEC Treaty, Article 7 of Commission Regulation ( EEC )            Registry on 21 March 1996 , for a preliminary ruling in the
    No 1251 /70 of 29 June 1970 ( J ) and Article 7 of Council        case of David Petrie, Robert Hill and David John Newbold
    Directive 75/34/EEC of 17 December 1974 ( 2 );                    against Université degli Studi di Verona (Verona
                                                                      University ), in the presence of Camilla Bettoni, on :
— order the Hellenic Republic to pay the costs.
                                                                      whether Articles 5 and 48 of the EEC Treaty and Articles 1
                                                                      and 3 of Council Regulation ( EEC ) No 1612/68 ( 1 ) of
Pleas in law and main arguments                                        15 October 1968 have to be interpreted as precluding a
                                                                      Member Srate's legislation from restricting the possibility of
The requirements laid down by Greek legislation for the               obtaining course-teaching appointments and temporary
registration of vessels in the Greek registers of shipping are        university teaching posts to specific categories, such as those
similar to those examined by the Court of Justice in Cases            provided for under Italian legislation, within a framework
C-221/89 Factortame [ 1991 ] ECR 3905 and C-246/89                    of legislation and administrative practice of the kind that
Commission v. United Kingdom [ 1991 ] ECR 1-4585 . The                exists in Italy, rather than providing that foreign-language
Court held that requirements of that kind are contrary to             university assistants with an employment relationship for an
Articles 6 , 52, 58 and 221 of the Treaty.                            indeterminate period with an Italian university are also
 ---pagebreak--- 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