CELEX: C1998/055/06
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT of 9 December 1997 in Case C-353/95 P: Tiercé Ladbroke SA v. Commission of the European Community, supported by the French Republic (Competition - State aid - Levy on bets taken on horse-races - Transfer of resources to an undertaking established in another Member State)

C 55/4                EN                 Official Journal of the European Communities                                  20.2.98
               JUDGMENT OF THE COURT                                3. orders the Kingdom of Spain and the United Kingdom
                                                                        of Great Britain and Northern Ireland to bear their
                     of 9 December 1997                                 own costs.
in Case C-265/95: Commission of the European
Communities, supported by Kingdom of Spain and United
Kingdom of Great Britain and Northern Ireland v. French             (1) OJ C 268, 14.10.1995.
                          Republic (1)
(Free movement of goods Ð Agricultural products Ð
Trade barriers resulting from actions by private
      individuals Ð Obligations of the Member States)
                         (98/C 55/05)
                                                                                   JUDGMENT OF THE COURT
                (Language of the case: French)                                           of 9 December 1997
                                                                    in Case C-353/95 P: TierceÂ Ladbroke SA v. Commission
                                                                    of the European Community, supported by the French
                                                                                              Republic (1)
 (Provisional translation; the definitive translation will be
          published in the European Court Reports)                  (Competition Ð State aid Ð Levy on bets taken on horse-
                                                                    races Ð Transfer of resources to an undertaking
                                                                                established in another Member State)
In Case C-265/95: Commission of the European                                                 (98/C 55/06)
Communities (Agents: Hendrik van Lier and Jean-Francis
Pasquier), supported by Kingdom of Spain (Agents:
Alberto JoseÂ Navarro GonzaÂlez and Rosario Silva de
Lapuerta), United Kingdom of Great Britain and Northern
Ireland (Agent: John E. Collins, assisted by Stephen                                (Language of the case: English)
Richards and Mark Hoskins) v. French Republic (Agents:
Jean-FrancËois Dobelle, Catherine de Salins, Anne de
Bourgoing and Philippe Martinet) Ð application for a
declaration that, by failing to take all necessary and
                                                                    In Case C-353/95P: TierceÂ Ladbroke SA, a company
proportionate measures in order to prevent the free
                                                                    incorporated under Belgian law, represented by Jeremy
movement of fruit and vegetables from being obstructed
                                                                    Lever QC, Christopher Vajda, Barrister, and Stephen Kon,
by actions by private individuals, the French Republic has
                                                                    Solicitor, with an address for service in Luxembourg at the
failed to fulfil its obligations under the common
                                                                    Chambers of Winandy & Err, 60 Avenue Gaston Diderich,
organisation of the markets in agricultural products and
                                                                    appeal against the judgment of the Court of First Instance
Article 30 of the EC Treaty, in conjunction with Article 5
                                                                    of the European Communities (First Chamber, Extended
of that Treaty Ð the Court, composed of: G. C.
                                                                    Composition) of 18 September 1995 in Case T-471/93
Rodríguez Iglesias, President, C. Gulmann, H.
                                                                    TierceÂ Ladbroke v. Commission [1995] ECR II-2537,
Ragnemalm, M. Wathelet and R. Schintgen (Rapporteur)
                                                                    seeking to have that judgment set aside, the other party to
(Presidents of Chambers), G. F. Mancini, J. C. Moitinho
                                                                    the proceedings being the Commission of the European
de Almeida, P. J. G. Kapteyn, J. L. Murray, D. A. O.
                                                                    Communities (Agent: Eric White) supported by the French
Edward, J.-P. Puissochet, G. Hirsch and P. Jann, Judges;
                                                                    Republic (Agents: Jean-FrancËois Dobelle, Catherine de
C. O. Lenz, Advocate-General; H. A. Rühl, Principal
                                                                    Salins and Jean-Marc Belorgey) Ð the Court composed of:
Administrator, for the Registrar, has given a judgment on
                                                                    G. C. Rodríguez Iglesias, President, C. Gulmann, H.
9 December 1997, in which it:
                                                                    Ragnemalm, R. Schintgen (Presidents of Chambers), G. F.
                                                                    Mancini, P. J. G. Kapteyn (Rapporteur), J. L. Murray,
                                                                    D. A. O. Edward, J.-P. Puissochet, G. Hirsch and P. Jann,
                                                                    Judges, Advocate-General: G. Cosmas, Registrar: H.
1. declares that, by failing to adopt all necessary and
                                                                    Holstein, Deputy Registrar, has given a judgment on
     proportionate measures in order to prevent the free
                                                                    9 December 1997, in which it:
     movement of fruit and vegetables from being
     obstructed by actions by private individuals, the
     French Republic has failed to fulfil its obligations
     under Article 30 of the EC Treaty, in conjunction with
     Article 5 of that Treaty, and under the common                 1. dismisses the appeal;
     organisations of the markets in agricultural products;
2. orders the French Republic to pay the costs;                     2. orders TierceÂ Ladbroke SA to pay the costs;
 ---pagebreak--- 20.2.98               EN                  Official Journal of the European Communities                                       C 55/5
3. orders the French Republic to bear its own costs.                               JUDGMENT OF THE COURT
                                                                                            (Sixth Chamber)
(1) OJ C 31, 3.2.1996.
                                                                                         of 11 December 1997
                                                                     in Case C-8/96 (reference for a preliminary ruling from
                                                                     the Tribunal de Grande Instance de Tours): Locamion SA
                                                                         v. Directeur des Services Fiscaux d'Indre-et-Loire (1)
               JUDGMENT OF THE COURT                                 (Directive 69/335/EEC Ð Regional charge on vehicle
                       (Third Chamber)                                                  registration certificates)
                     of 9 December 1997                                                       (98/C 55/08)
in Case C-143/96 (reference for a preliminary ruling from
the Bundesfinanzhof): Leonhard Knubben Speditions
            GmbH v. Hauptzollamt Mannheim (1)                                       (Language of the case: French)
(Common Customs Tariff Ð Crushed' peppers within the
meaning of subheading 0904 20 90 of the Combined
                        Nomenclature)
                                                                       (Provisional translation; the definitive translation will be
                         (98/C 55/07)                                         published in the European Court Reports)
               (Language of the case: German)
                                                                     In Case C-8/96: reference to the Court under Article 177
  (Provisional translation; the definitive translation will be       of the EC Treaty from the Tribunal de Grande Instance
          published in the European Court Reports)                   (Regional Court), Tours (France), for a preliminary ruling
                                                                     in the proceedings pending before that court between
                                                                     Locamion SA and Directeur des Services Fiscaux d'Indre-
In Case C-143/96: reference to the Court under Article 177           et-Loire Ð on the interpretation of Council Directive 69/
of the EC Treaty from the Bundesfinanzhof (Federal                   335/EEC of 17 July 1969 concerning indirect taxes on the
Finance Court) (Germany), for a preliminary ruling in the            raising of capital (OJ, English Special Edition 1969 (II),
proceedings pending before that court between Leonhard               p. 412), as amended by Council Directive 73/79/EEC of
Knubben Speditions GmbH and Hauptzollamt Mannheim                    9 April 1973 varying the field of application of the
Ð on the interpretation of subheading 0904 20 of the                 reduced rate of capital duty provided for in respect of
Combined Nomenclature, in the version resulting from                 certain     company       reconstruction      operations     by
Commission Regulation (EEC) No 3174/88 of                            Article 7(1)(b) of the directive concerning indirect taxes on
21 September 1988 amending Annex I to Council                        the raising of capital (OJ L 103, 18.4.1973, p. 13), by
Regulation (EEC) No 2658/87 on the tariff and statistical            Council Directive 73/80/EEC of 9 April 1973 fixing
nomenclature and on the Common Customs Tariff (OJ                    common rates of capital duty (OJ L 103, 18.4.1973,
L 298, 31.10.1988, p. 1) and from Commission                         p. 15), by Council Directive 74/553/EEC of 7 November
Regulation (EEC) No 2886/89 of 2 August 1989                         1974 amending Article 5(2) of Directive 69/335/EEC (OJ
amending Annex I to Regulation No 2658/87 (OJ L 282,                 L 303, 13.11.1974, p. 9), and by Council Directive 85/
2.10.1989, p. 1) Ð the Court (Third Chamber), composed               303/EEC of 10 June 1985 amending Directive 69/335/EEC
of: C. Gulmann, President of the Chamber, J. C. Moitinho             (OJ L 156, 15.6.1985, p. 23) Ð the Court (Sixth
de Almeida (Rapporteur) and J.-P. Puissochet, Judges; A.             Chamber), composed of: H. Ragnemalm (Rapporteur),
La Pergola, Advocate-General; H. A. Rühl, Principal                  President of the Chamber, G. F. Mancini, P. J. G. Kapteyn,
Administrator, for the Registrar, has given a judgment on            J. L. Murray and G. Hirsch, Judges; G. Cosmas,
9 December 1997, in which it has ruled:                              Advocate-General; D. Louterman-Hubeau, Principal
                                                                     Administrator, for the Registrar, has given a judgment on
Subheading 0904 20 of the Combined Nomenclature, in                  11 December 1997, in which it has ruled:
the version resulting from Commission Regulation (EEC)
No 3174/88 of 21 September 1988 amending Annex I to
Council Regulation (EEC) No 2658/87 on the tariff and
statistical nomenclature and on the Common Customs                   Article 10 of Council Directive 69/335/EEC of 17 July
                                                                     1969 concerning indirect taxes on the raising of capital, as
Tariff and from Commission Regulation (EEC) No 2886/
                                                                     amended by Council Directive 73/79/EEC of 9 April 1973
89 of 2 August 1989 amending Annex I to Regulation
                                                                     varying the field of application of the reduced rate of
(EEC) No 2658/87, must be construed as meaning that
                                                                     capital duty provided for in respect of certain company
the expression sonst zerkleinert' (otherwise crushed')
                                                                     reconstruction operations by Article 7(1)(b) of the
does not cover a product cut into pieces measuring
                                                                     directive concerning indirect taxes on the raising of
between 4 and 8 mm.
                                                                     capital, by Council Directive 73/80/EEC of 9 April 1973
                                                                     fixing common rates of capital duty, by Council Directive
(1) OJ C 180, 22.6.1996.                                             74/553/EEC of 7 November 1974 amending Article 5(2)
                                                                     of Directive 69/335/EEC, and by Council Directive 85/
                                                                     303/EEC of 10 June 1985 amending Directive 69/335/