CELEX: C2000/034/02
Language: en
Date: 2000-02-05 00:00:00
Title: Judgment of the Court of 21 October 1999 in Case C-67/98 (request for a preliminary ruling from the Consiglio di Stato): Questore di Verona v Diego Zenatti (Freedom to provide services — Taking of bets)

5.2.2000                EN                      Official Journal of the European Communities                                                 C 34/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       of the Chamber, J.C. Moitinho de Almeida, C. Gulmann,
                                                                             J.-P. Puissochet and M. Wathelet (Rapporteur), Judges; G. Cos-
                                                                             mas, Advocate General; R. Grass, Registrar, has given a judg-
                          (Fifth Chamber)                                    ment on 14 October 1999, in which it has ruled:
                       of 14 October 1999                                    On a proper construction, Council Regulation (EC) No 3295/94 of
                                                                             22 December 1994 laying down measures to prohibit the release for
                                                                             free circulation, export, re-export or entry for a suspensive procedure
in Case C-223/98 (reference for a preliminary ruling from                    of counterfeit and pirated goods precludes a rule of national law
the Kammarrätten, Stockholm): Proceedings brought by                         under which the identity of declarants or consignees of imported
                            Adidas AG (1)                                    goods which the trade-mark owner has found to be counterfeit may
                                                                             not be disclosed to him.
(Free movement of goods — Regulation (EC) No 3295/94 —
                                                                             (1) OJ C 258 of 15.8.1998.
Prohibition of release for free circulation, export, re-export
or entry for a suspensive procedure of counterfeit and pirated
goods — Provision of national law requiring the names
of consignees of consignments detained by the customs
authorities pursuant to the regulation to be kept confidential
— Compatibility of the provision with Regulation (EC)
                            No 3295/94)
                                                                                               JUDGMENT OF THE COURT
                           (2000/C 34/01)
                                                                                                     of 21 October 1999
                                                                             in Case C-67/98 (request for a preliminary ruling from the
                   (Language of the case: Swedish)
                                                                             Consiglio di Stato): Questore di Verona v Diego Zenatti (1)
                                                                                      (Freedom to provide services — Taking of bets)
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                        (2000/C 34/02)
In Case C-223/98: reference to the Court under Article 177 of
                                                                                                  (Language of the case: Italian)
the EC Treaty (now Article 234 EC) from the Kammarrätten i
Stockholm, Sweden, for a preliminary ruling in the proceedings
brought by Adidas AG — on the interpretation of Council
Regulation (EC) No 3295/94 of 22 December 1994 laying                        (Provisional translation; the definitive translation will be published
down measures to prohibit the release for free circulation,                                      in the European Court Reports)
export, re-export or entry for a suspensive procedure of
counterfeit and pirated goods (OJ 1994 L 341, p. 8) — the                    In Case C-67/98: Reference to the Court under Article 177 of
Court (Fifth Chamber), composed of: D.A.O. Edward, President                 the EC Treaty (now Article 234 EC) by the Consiglio di Stato
 ---pagebreak--- C 34/2                    EN                       Official Journal of the European Communities                                              5.2.2000
(Italy) for a preliminary ruling in the proceedings pending                   1. Fishing rights or fishing permits do not constitute ‘goods’ within
before that court between Questore di Verona and Diego                             the meaning of the provisions of the EC Treaty relating to the
Zenatti — on the interpretation of the provisions of the EC                        free movement of goods but form a ‘provision of a service’ within
Treaty concerning the freedom to provide services — the                            the meaning of the Treaty provisions relating to the freedom to
Court, composed of: G.C. Rodrı́guez Iglesias, President,                           provide services.
J.C. Moitinho de Almeida, D.A.O. Edward, R. Schintgen (Presi-
dents of Chambers), P.J.G. Kapteyn, J.-P. Puissochet (Rappor-                 2. The provisions of the Treaty relating to the freedom to provide
teur), G. Hirsch, P. Jann and H. Ragnemalm, Judges; N. Fennel-                     services are not applicable to a situation, such as that in the main
ly, Advocate General; L. Hewlett, Administrator, for the Regis-                    proceedings, which is confined in all respects within a single
trar, has given a judgment on 21 October 1999, in which it                         Member State.
held that:
                                                                              (1) OJ C 166 of 30.5.1998.
The EC Treaty provisions on the freedom to provide services do not
preclude national legislation, such as the Italian legislation, which
reserves to certain bodies the right to take bets on sporting events if
that legislation is in fact justified by social-policy objectives intended
to limit the harmful effects of such activities and if the restrictions
which it imposes are not disproportionate in relation to those
objectives.
                                                                                                 JUDGMENT OF THE COURT
(1) OJ C 151 of 16.5.1998.
                                                                                                          (First Chamber)
                                                                                                       of 21 October 1999
                                                                              in Case C-233/98 (reference for a preliminary ruling from
                                                                              the Bundesfinanzhof): Hauptzollamt Neubrandenburg v
                  JUDGMENT OF THE COURT                                                       Lensing & Brockhausen GmbH (1)
                           (Sixth Chamber)                                    (Community transit — Offence —Recovery of duties —
                                                                                                         Competent State)
                         of 21 October 1999
                                                                                                           (2000/C 34/04)
in Case C-97/98 (reference for a preliminary ruling from
the Pargas Tingsrätt): Peter Jägerskiöld v Torolf Gustafs-
                                   son (1)                                                        (Language of the case: German)
(Free movement of goods — Definition of ‘goods’ — Angling
              rights — Freedom to provide services)                           (Provisional translation; the definitive translation will be published
                                                                                                   in the European Court Reports)
                            (2000/C 34/03)
                                                                              In Case C-233/98: reference to the Court under Article 177 of
                                                                              the EC Treaty (now Article 234 EC) from the Bundesfinanzhof
                    (Language of the case: Swedish)                           (Federal Finance Court), Germany, for a preliminary ruling in
                                                                              the proceedings pending before that court between Hauptzol-
                                                                              lamt Neubrandenburg and Lensing & Brockhausen GmbH —
(Provisional translation; the definitive translation will be published        on the interpretation of Article 36 of Council Regulation (EEC)
                     in the European Court Reports)                           No 222/77 of 13 December 1976 on Community transit (OJ
                                                                              1977 L 38, p. 1) as amended by Council Regulation (EEC)
In Case C-97/98: reference to the Court under Article 177 of                  No 474/90 of 22 February 1990 with a view to abolishing
the EC Treaty (now Article 234 EC) from the Pargas Tingsrätt                  lodgement of the transit advice note on crossing an internal
(District Court, Pargas), Finland, for a preliminary ruling in                frontier of the Community (OJ 1990 L 51, p. 1), and of
the proceedings pending before that court between Peter                       Article 11a of Commission Regulation (EEC) No 1062/87 of
Jägerskiöld and Torolf Gustafsson — on the interpretation of                  27 March 1987 on provisions for the implementation of the
the rules of the EC Treaty on the free movement of goods and                  Community transit procedure and for certain simplifications
the freedom to provide services — the Court (Sixth Chamber),                  of that procedure (OJ 1987 L 107, P. 1) as amended by
composed of: G. Hirsch, President of the Second Chamber,                      Commission Regulation (EEC) No 1429/90 of 29 May 1990
acting as President of the Sixth Chamber, H. Ragnemalm                        (OJ 1990 L 137, p. 21) — the Court (First Chamber), composed
and R. Schintgen (Rapporteur), Judges; N. Fennelly, Advocate                  of: L. Sevón, President of the Chamber, P. Jann and M. Wathelet
General; H.A. Rühl, Principal Administrator, for the Registrar,               (Rapporteur), Judges; J. Mischo, Advocate General; H.A. Rühl,
has given a judgment on 21 October 1999, in which it has                      Principal Administrator, for the Registrar, has given a judgment
ruled:                                                                        on 21 October 1999, in which it has ruled: