CELEX: C1998/299/11
Language: en
Date: 1998-09-26 00:00:00
Title: JUDGMENT OF THE COURT of 16 July 1998 in Case C-171/96 (reference for a preliminary ruling from the Royal Court of Jersey): Rui Alberto Pereira Roque v. His Excellency the Lieutenant Governor of Jersey (Free movement of persons - Act of Accession of 1972 - Protocol 3 concerning the Channel Islands and the Isle of Man - Jersey)

26.9.98              EN                 Official Journal of the European Communities                                          C 299/7
              JUDGMENT OF THE COURT                                3. Protocol 3 cannot be interpreted in such a way that a
                       of 16 July 1998                                  deportation order made by the Jersey authorities
                                                                        against a national of a Member State other than the
in Case C-171/96 (reference for a preliminary ruling from               United Kingdom would have the effect of prohibiting
the Royal Court of Jersey): Rui Alberto Pereira Roque v.                that person's entry to and residence in the territory of
    His Excellency the Lieutenant Governor of Jersey (1)                the United Kingdom for reasons and considerations
(Free movement of persons Ð Act of Accession of 1972                    other than those for which the United Kingdom
Ð Protocol 3 concerning the Channel Islands and the Isle                authorities might otherwise restrict the free movement
                     of Man Ð Jersey)                                   of persons under Community law.
                        (98/C 299/11)
                                                                   (1) OJ C 197, 6.7.1996.
               (Language of the case: English)                     (2) Official Journal, English Special Edition, 27.3.1972, p. 164.
                                                                   (3) Official Journal, English Special Edition, 27.3.1972, p. 14.
In Case C-171/96: reference to the Court under Article 177
of the EC Treaty from the Royal Court of Jersey for a
preliminary ruling in the proceedings pending before that
court between Rui Alberto Pereira Roque and His
Excellency the Lieutenant Governor of Jersey, on the
interpretation of Article 4 of Protocol 3 on the Channel                           JUDGMENT OF THE COURT
Islands and the Isle of Man (2) annexed to the Act
                                                                                            (Fifth Chamber)
concerning the Conditions of Accession of the Kingdom of
Denmark, Ireland and the United Kingdom of Great                                            of 16 July 1998
Britain and Northern Ireland to the European Economic
                                                                   in Case C-210/96 (reference for a preliminary ruling from
Community and to the European Atomic Energy
                                                                   the Bundesverwaltungsgericht): Gut Springenheide GmbH,
Community and the adjustments to the Treaties (3) Ð the
                                                                   Rudolf Tusky v. Oberkreisdirektor des Kreises Steinfurt Ð
Court, composed of: G. C. Rodríguez Iglesias, President,
                                                                   Amt für Lebensmittelüberwachung, Joined party:
C. Gulmann, H. Ragnemalm and M. Wathelet, Presidents
                                                                       Oberbundesanwalt beim Bundesverwaltungsgericht (1)
of Chambers, G. F. Mancini, J. C. Moitinho de Almeida,
P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward, J.-P.             (Marketing standards for eggs Ð Promotional descriptions
Puissochet, G. Hirsch, P. Jann and L. Sevón (Rapporteur),          or statements liable to mislead the purchaser Ð Reference
Judges; A. La Pergola, Advocate General; H. von Holstein,                                       consumer)
Deputy Registrar, has given a judgment on 16 July 1998,
                                                                                              (98/C 299/12)
in which it has ruled:
1. the rule on equal treatment set out in Article 4 of                             (Language of the case: German)
    Protocol 3 on the Channel Islands and the Isle of Man
    annexed to the Act concerning the Conditions of                  (Provisional translation; the definitive translation will be
    Accession of the Kingdom of Denmark, Ireland and                         published in the European Court Reports)
    the United Kingdom of Great Britain and Northern
    Ireland to the European Economic Community and to
    the European Atomic Energy Community and the                   In Case C-210/96: reference to the Court under Article 177
                                                                   of the EC Treaty from the Bundesverwaltungsgericht
    adjustments to the Treaties does not have the effect of
                                                                   (Germany) for a preliminary ruling in the proceedings
    prohibiting the deportation from Jersey of nationals of
    a Member State other than the United Kingdom, even             pending before that court between Gut Springenheide
                                                                   GmbH, Rudolf Tusky and Oberkreisdirektor des Kreises
    though British citizens, including those who are not
    Channel Islanders within the meaning of Article 6 of           Steinfurt Ð Amt für Lebensmittelüberwachung, Joined
    Protocol 3, are not liable to be deported from Jersey;         party: Oberbundesanwalt beim Bundesverwaltungsgericht,
                                                                   on the interpretation of Article 10(2)(e) of Council
2. Article 4 of Protocol 3 is not to be interpreted as             Regulation (EEC) No 1907/90 of 26 June 1990 on certain
    limiting the reasons for which a national of a Member          marketing standards for eggs (2) Ð the Court (Fifth
    State other than the United Kingdom may be deported            Chamber), composed of: C. Gulmann, President of
    from Jersey to those justified on grounds of public            Chamber, M. Wathelet, J. C. Moitinho de Almeida,
    policy, public security or public health, laid down by         D. A. O. Edward and J.-P. Puissochet (Rapporteur),
    Article 48(3) of the EC Treaty and set out in detail by        Judges; J. Mischo, Advocate General; H. A. Rühl,
    Council Directive 64/221/EEC of 25 February 1964               Principal Administrator, for the Registrar, has given a
    on the coordination of special measures concerning the         judgment on 16 July 1998, in which it has ruled:
    movement and residence of foreign nationals which
    are justified on grounds of public policy, public              in order to determine whether a statement intended to
    security or public health. Article 4 of Protocol 3 does,       promote sales of eggs is liable to mislead the purchaser, in
    however, prohibit the Jersey authorities from making a         breach of Article 10(2)(e) of Regulation (EEC) No 1907/
    deportation order against a national of another                90 of 26 June 1990 on certain marketing standards for
    Member State by reason of conduct which, when                  eggs, the national court must take into account the
    attributable to citizens of the United Kingdom, does           presumed expectations which it evokes in an average
    not give rise on the part of the Jersey authorities to         consumer who is reasonably well-informed and reasonably
    repressive measures or other genuine and effective             observant and circumspect. However, Community law
    measures intended to combat such conduct;                      does not preclude the possibility that, where the national