CELEX: C1998/184/03
Language: en
Date: 1998-06-13 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 30 April 1998 in Case C-24/97: Commission of the European Communities v. Federal Republic of Germany (Failure of a Member State to fulfil its obligations - Right of residence - Obligation to hold identity papers - Penalties)

13.6.98               EN                 Official Journal of the European Communities                                     C 184/3
    release themselves from the obligation not to compete,                         JUDGMENT OF THE COURT
    put forward objectively valid reasons, without                                         (Sixth Chamber)
    indicating specifically what those reasons may be.
                                                                                           of 30 April 1998
                                                                           in Case C-24/97: Commission of the European
    On a proper construction of Article 3(3) and 5(2) of                  Communities v. Federal Republic of Germany (1)
    Regulation (EEC) No 123/85, the exemption granted
    by the regulation does not apply to a clause in a               (Failure of a Member State to fulfil its obligations Ð
    contract which, unless there are objectively valid              Right of residence Ð Obligation to hold identity papers
    reasons, prevents the dealer from selling new vehicles                                   Ð Penalties)
    of any other make, even at commercial premises
                                                                                            (98/C 184/03)
    separate from those at which the contract goods are
    offered for sale.
                                                                                   (Language of the case: German)
    On a proper construction of Articles 4(1)(3) and
    5(2)(2) and (3) of Regulation (EEC) No 123/85, the               (Provisional translation; the definitive translation will be
    exemption granted by the regulation applies to a                          published in the European Court Reports)
    clause in a contract which imposes on a dealer a fixed
    sales target and provides for penalties, extending to
    termination of the contract if the target is not met,           In Case C-24/97: Commission of the European
    provided, however, that the sales target represents             Communities (Agents: Peter Hillenkamp and Pieter Jan
    simply an obligation to use best endeavours.                    Kuijper) v. Federal Republic of Germany (Agent: Ernst
                                                                    Röder) Ð application for a declaration that by treating
                                                                    nationals of other Member States residing in Germany
2. On a proper construction of Articles 3(3) and 5(2) of            disproportionately differently, as regards the degree of
    Commission Regulation (EC) No 1475/95 of 28 June                fault and scale of fines, from German nationals when they
    1995 on the application of Article 85(3) of the Treaty          commit a comparable infringement of the obligation to
    to certain categories of motor vehicle distribution and         hold a valid identity document, the Federal Republic of
    servicing agreements, the exemption granted by the              Germany has failed to fulfil its obligations under
    regulation does not apply to a clause in a contract             Articles 48, 52 and 59 of the EC Treaty and under
    which, unless there are objectively valid reasons,              Article 4(1) of Council Directive 68/360/EEC of
    prevents the dealer from selling new vehicles of any            15 October 1968 on the abolition of restrictions on
    other make, even at commercial premises separate                movement and residence within the Community for
    from those at which the contract goods are offered for          workers of Member States and their families (OJ, English
    sale.                                                           Special Edition 1968 (II), p. 485) and Article 4(1) of
                                                                    Council Directive 73/148/EEC of 21 May 1973 on the
                                                                    abolition of restrictions on movement and residence
                                                                    within the Community for nationals of Member States
    On a proper construction of Articles 4(1)(3) and 5(2)           with regard to establishment and the provision of services
    and (3) of Regulation (EC) No 1475/95, the                      (OJ L 172 of 28.6.1973, p. 14) Ð the Court (Sixth
    exemption granted by the regulation applies to a                Chamber), composed of H. Ragnemalm (Rapporteur),
    clause in a contract which imposes on a dealer a fixed          President of the Chamber, G. F. Mancini, J. L. Murray, G.
    sales target and provides for penalties, which may              Hirsch and K. M. Ioannou, Judges; F. G. Jacobs,
    extend to termination of the contract if the target is          Advocate-General; R. Grass, Registrar, has given a
    not met, provided, however, that the sales target               judgment on 30 April 1998 in which it:
    represents simply an obligation to use best endeavours
    and is determined by common agreement between the
    parties or, where they disagree, by an expert third             1. Declares that, by treating nationals of other Member
    party.                                                              States residing in Germany disproportionately
                                                                        differently, as regards the degree of fault and scale of
                                                                        fines, from German nationals when they commit a
3. The prohibition set out in Article 85(1) of the Treaty               comparable infringement of the obligation to hold a
    applies to clauses in a motor vehicle dealership                    valid identity document, the Federal Republic of
    contract which are not covered by the block                         Germany has failed to fulfil its obligations under
    exemption if, having regard to the economic and legal               Articles 48, 52 and 59 of the EC Treaty, Article 4 of
    context, their object or effect is perceptibly to restrict          Council Directive 68/360/EEC of 15 October 1968 on
    competition within the common market and they are                   the abolition of restrictions on movement and
    capable of affecting trade between Member States.                   residence within the Community for workers of
                                                                        Member States and their families and Article 4 of
                                                                        Council Directive 73/148/EEC of 21 May 1973 on the
(1) OJ C 269, 14.9.1996.                                                abolition of restrictions on movement and residence
                                                                        within the Community for nationals of Member States
                                                                        with regard to establishment and the provision of
                                                                        services;
 ---pagebreak--- C 184/4               EN                  Official Journal of the European Communities                                      13.6.98
2. Orders the Federal Republic of Germany to pay the                                   ORDER OF THE COURT
     costs.                                                                                  of 2 April 1998
                                                                     in Case C-188/97 P: Lars Bo Rasmussen v. Commission of
(1) OJ C 74, 8.3.1997.                                                                the European Communities (1)
                                                                     (Officials Ð Vacancy notice Ð Annulment of the
                                                                     procedure under way Ð Competition notice Ð Post
                                                                        reserved to nationals of new Member States Ð Appeal)
                                                                                              (98/C 184/05)
               JUDGMENT OF THE COURT                                                 (Language of the case: French)
                       (First Chamber)
                                                                       (Provisional translation; the definitive translation will be
                       of 30 April 1998                                        published in the European Court Reports)
in Case C-215/97: (reference for a preliminary ruling from
the Tribunale, Bologna): Barbara Bellone v. Yokohama                 In Case C-188/97 P: Lars Bo Rasmussen, an official of the
                            SpA (1)                                  Commission of the European Communities, residing at
                                                                     Dalheim, Luxembourg, represented by Carlo Revoldini, of
(Directive 86/653/EEC Ð Independent commercial agents                the Luxembourg Bar, with an address for service in
Ð National rules providing that commercial agency                    Luxembourg at the Chambers of the latter, 180, Route de
contracts concluded by persons not entered on the register           Longwy, Luxembourg Ð appeal against the judgment of
                      of agents are void)                            the Court of First Instance of the European Communities
                                                                     (Fifth Chamber) of 18 March 1997 in Case T-35/96
                        (98/C 184/04)                                Rasmussen v. Commission [1997] ECR-SC II-187 seeking
                                                                     to have that judgment set aside, the other party to the
                                                                     proceedings being Commission of the European
                (Language of the case: Italian)                      Communities (Agents: Julian Currall, assisted by Alberto
                                                                     Dal Ferro) Ð the Court, composed of M. Wathelet,
                                                                     President of the Chamber, P. Jann (Rapporteur) and L.
                                                                     Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate-
                                                                     General; R. Grass, Registrar, made an order on 2 April
  (Provisional translation; the definitive translation will be       1998, the operative part of which is as follows:
          published in the European Court Reports)
                                                                     1. The appeal is dismissed.
In Case C-215/97: reference to the Court under Article 177           2. The appellant is ordered to pay the costs.
of the EC Treaty from the Tribunale, Bologna (Italy) for a
preliminary ruling in the proceedings pending before that
court between Barbara Bellone and Yokohama SpA Ð on                  (1) OJ C 212, 12.7.1997.
the interpretation of Council Directive 86/653/EEC of
18 December 1986 on the coordination of the laws of the
Member States relating to self-employed commercial
agents (OJ L 382 of 31.12.1986, p. 17) Ð the Court (First
Chamber), composed of M. Wathelet, President of the
Chamber, P. Jann (Rapporteur) and L. Sevón, Judges; G.               Reference for a preliminary ruling by the House of Lords,
Cosmas, Advocate-General; R. Grass, Registrar, has given             by order of that Court of 5 February 1998, in the case of
a judgment on 30 April 1998, in which it has ruled:                  Preston and others against Wolverhampton Healthcare
                                                                     NHS Trust and others, and Fletcher and others against
                                                                                            Midland Bank plc
Council Directive 86/653/EEC of 18 December 1986 on                                          (Case C-78/98)
the coordination of the laws of the Member States relating
                                                                                              (98/C 184/06)
to self-employed commercial agents precludes a national
rule which makes the validity of an agency contract
conditional upon the commercial agent being entered in               Reference has been made to the Court of Justice of the
the appropriate register.                                            European Communities by an order of the House of
                                                                     Lords, of 5 February 1998, which was received at the
(1) OJ C 228, 26.7.1997.                                             Court Registry on 23 March 1998, for a preliminary
                                                                     ruling in the case of Preston and others against
                                                                     Wolverhampton Healthcare NHS Trust and others, and
                                                                     Fletcher and others against Midland Bank plc, on the
                                                                     following questions: