CELEX: C1996/133/07
Language: en
Date: 1996-05-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 15 February 1996 in Case C-209/94 P: Buralux SA, Satrod SA and Ourry SA v. Council of the European Union (Appeal - Transfer of waste)

No C 133 /4           EN                   Official Journal of the European Communities                                         4 . 5 . 96
of capital duty and subsequently, with effect from 1 January               producers who had adopted milk production
1986, by Council Directive 85/303/EEC of 10 June 1985,                     development plans under Council Directive
precludes the application of national laws maintaining at                  72/1 59/EEC of 17 April 1972 on the modernization of
1,20% the rate of registration duty on contributions of                    farms.
movable property made in the context of a merger.
                                                                      2 . No requirement flowing from the protection afforded
(>) OJ No C 233 , 20 . 8 . 1994 .                                          by general principles of law, such as the protection
    OJ No C 304, 29 . 10 . 1994 .                                          of legitimate expectations, the prohibition of
                                                                           discrimination, proportionality and legal certainty, or
                                                                           by fundamental rights, such as the right to property and
                                                                           the freedom to pursue a trade or profession, imposes on
                                                                           the competent national authority any obligation, under
                                                                           the first indent of Article 3 (1 ) of Regulation (EEC)
                                                                           No 857/84, to grant special reference quantities to
                                                                           producers who have adopted development plans, even
                                                                           where those plans had been approved by the competent
                                                                           authorities .
              JUDGMENT OF THE COURT
                                                                      3 . Consideration of the abovementioned general principles
                       ( Sixth Chamber )                                   and fundamental rights has not disclosed any factor of
                    of 15 February 1996                                    such a nature as to affect the validity ofthe first indent of
                                                                           Article 3 (1 ) of Regulation (EEC) No 857/84.
in Case C-63/93 ( reference for a preliminary ruling from the
Supreme Court of Ireland ): Fintan Duff and Others v.
Minister for Agriculture and Food, and the Attorney                   (*) OJ No C 112 , 22 . 4 . 1993 .
                             General ( 1 )
(Additional levy on milk — Special reference quantities on
account of a development plan — Obligation or
                    discretionary power)
                          ( 96/C 133/06 )
               (Language of the case: English)                                       JUDGMENT OF THE COURT
                                                                                              ( Sixth Chamber )
                                                                                           of 15 February 1996
In Case C-63/93 : reference to the Court under Article 177 of         in Case C-209/94 P: Buralux SA, Satrod SA and Ourry SA
the EC Treaty from the Supreme Court of Ireland for a                             v. Council of the European Union (^
preliminary ruling in the proceedings pending before that                              (Appeal — Transfer of waste)
court between Fintan Duff and Others and Minister for
Agriculture and Food, and the Attorney General — on the                                         ( 96/C 133/07 )
interpretation and validity of the first indent of Article 3(1 )
of Council Regulation ( EEC ) No 857/84 of 31 March 1984
adopting general rules for the application of the levy referred                       (Language of the case: French)
to in Article 5c of Regulation ( EEC ) No 804/68 in the milk
and milk products sector ( OJ No L 90, 1984, p . 13 ) — the
Court ( Sixth Chamber ), composed of C. N. Kakouris,                  (Provisional translation; the definitive translation will be
President of the Chamber, G. Hirsch ( Rapporteur ), G. F.                       published in the European Court Reports)
Mancini , F. A. Schockweiler and P. J. G. Kapteyn, Judges;
G. Cosmas, Advocate-General; L. Hewlett, Administrator,
for the Registrar, has given a judgment on 15 February                In Case C-209/94 P: Buralux SA, Satrod SA and Ourry SA
1996 , in which it rules :                                            ( represented by Pierrot Schiltz, Jean-Claude Fourgoux and
                                                                      Christian Huglo ) — appeal against the order of the Court of
                                                                      First Instance of 17 May 1994 in Case T-475/93 Buralux
                                                                      SA, Satrod SA and Ourry SA v. Council ( not published in the
1 . The first indent of Article 3 (1 ) of Council Regulation          ECR ), seeking to have that order set aside,. the other party to
    (EEC) No 857/84 of 31 March 1984 adopting general                 the proceedings being the Council of the European Union
    rules for the application of the levy referred to in              ( Agents : Arthur Alan Dashwood and Bjarne Hoff-Nielsen )
    Article 5c of Regulation (EEC) No 804/68 in the milk              — the Court ( Sixth Chamber ), composed of C. N. Kakouris,
    and milk products sector, read in the light of the third          President of the Chamber, G. Hirsch, G. F. Mancini , F. A.
    recital in the preamble to that Regulation, is to be              Schockweiler and P. J. G. Kapteyn ( Rapporteur ), Judges;
    construed as not imposing on Member States an                     C. O. Lenz, Advocate-General; R. Grass , Registrar, has
    obligation to grant a special reference quantity to               given a judgment on 15 February 1996 , in which it:
 ---pagebreak--- 4 . 5 . 96            EN                  Official Journal of the European Communities                                No C 133/5
1 , dismisses the appeal;                                                          JUDGMENT OF THE COURT
                                                                                          ( Second Chamber )
2 , orders the appellants to pay the costs.                                             of 15 February 1996
                                                                     in Case C-3 09/94 ( reference for a preliminary ruling from
                                                                     the Tribunal de Commerce, Lyon ): Nissan France and
(') OJ No C 254, 10 . 9 . 1994 .                                     Others v. Jean-Luc Dupasquier du Garage Sport Auto and
                                                                                                Others ( 1 )
                                                                     (Competition — Vehicle distribution — Regulation (EEC)
                                                                     No 123/85 — Applicability as against third parties —
                                                                     Parallel importer — Simultaneous conduct of business as
                                                                       both authorized intermediary and independent reseller)
                                                                                             ( 96/C 133/09 )
               JUDGMENT OF THE COURT
                      ( Second Chamber )                                            (Language of the case: French)
                     of 15 February 1996
in Case C-226/94 ( reference for a preliminary ruling from
the Tribunal de Commerce, Albi ): Grand Garage Albigeois
           SA and Others v. Garage Massol Sàrl ( ! )                 (Provisional translation; the definitive translation will be
(Competition — Vehicle distribution — Regulation (EEC)                       published in the European Court Reports)
No 123/85 — Applicability as against third parties —
                     Independent reseller)
                          ( 96/C 133/08 )
                                                                     In Case C-309/94 — reference for a preliminary ruling from
                                                                     the Tribunal de Commerce, Lyon, in the proceedings
                (Language of the case: French)                       pending before that court between Nissan France and
                                                                     Others v . Jean-Luc Dupasquier du Garage Sport Auto and
                                                                     Others — the Court - ( Second Chamber ), composed of
                                                                     G. Hirsch, President of the Chamber, G. F. Mancini and
(Provisional translation; the definitive translation will be
          published in the European Court Reports)                   F. A. Schockweiler ( Rapporteur ), Judges; D. Ruiz-Jarabo
                                                                     Colomer, Advocate-General ; L. Hewlett, Administrator, for
                                                                     the Registrar, gave a judgment on 15 February 1996 , the
                                                                     operative part of which as follows :
In Case C-226/94 — reference for a preliminary ruling from
the Tribunal de Commerce, Albi, in the proceedings pending
before that court between Grand Garage Albigeois SA and
Others v. Garage Massol Sari — the Court ( Second
Chamber ), composed of G. Hirsch, President of the                   Commission Regulation (EEC) No 123/85 of 12 December
Chamber, G. F. Mancini and F. A. Schockweiler                        1984 on the application of Article 85 (3) of the EC Treaty
( Rapporteur ), Judges; D. Ruiz-Jarabo Colomer,                      to certain categories of motor vehicle distribution and
Advocate-General; L. Hewlett, Administrator, for the                 servicing agreements must be interpreted as not preventing a
Registrar, gave a judgment on 15 February 1996 , the                 trader who is neither an approved reseller in the distribution
operative part of which is as follows :                              network of a manufacturer of a particular make of motor
                                                                     vehicle nor an authorized intermediary within the meaning
                                                                     of Article 3 (11 ) of that Regulation from undertaking
Commission Regulation (EEC) No 123/85 of 12 December                 parallel imports and operating as an independent reseller of
1 984 on the application ofArticle 85 (3) of the EC Treaty to        new vehicles ofthat make. Nor does that Regulation prevent
certain categories of motor vehicle distribution and                 an independent trader from carrying on at the same
servicing agreements must be interpreted as not preventing a         time the businesses of authorized intermediary and that
trader who is neither an approved reseller in the distribution       of non-approved reseller of vehicles acquired by way
network of a manufacturer of a particular make of motor              of parallel imports.
vehicle nor an authorized intermediary within the meaning
of Article 3 (11 ) of that Regulation, from carrying on an
independent business reselling new vehicles of that make.
                                                                     (<) OJ No C 380, 31 . 12 . 1994 .
0 ) OJ No C 275 , 1 . 10 . 1994 .