CELEX: C1997/252/25
Language: en
Date: 1997-08-16 00:00:00
Title: ORDER OF THE COURT of 30 June 1997 in Case C-66/97 (reference for a preliminary ruling from the Tribunal Cível da Comarca de Lisboa): Banco de Fomento e Exterior SA v. Amândio Maurício Martins Pechim, Maria da Luz Lima Barros Raposo Pechim and Confecções Têxteis de Vouzela Ldª (CTV) (Reference for a preliminary ruling - Inadmissible)

16 . 8 . 97             EN                  Official Journal of the European Communities                                 No C 252/ 13
2 . On a proper construction of Article 30 of the EC                   preliminary ruling in the proceedings pending before that
     Treaty, a Member State is not precluded from taking,              court between Societe Civile Immobiliere Parodi and
     on the basis of provisions of its domestic legislation,           Banque H. Albert de Bary et Cie — on the interpretation
     measures against an advertiser in relation to television          of Articles 59 and 61 (2 ) of the EEC Treaty — the Court,
     advertising, provided that those provisions affect in             composed of: G. F. Mancini, President of the Second and
     the same way, in law and in fact, the marketing of                Sixth Chambers, acting for the President, J. C. Moitinho
     domestic products and of those from other Member                  de Almeida, J. L. Murray and L. Sevon ( Presidents of
     States, are necessary for meeting overriding                      Chambers ), C. N. Kakouris, C. Gulmann, D. A. O.
     requirements of general public importance or one of               Edward, J.-P. Puissochet, P. Jann, H. Ragnemalm
     the aims laid down in Article 36 of the EC Treaty, are            ( Rapporteur ) and M. Wathelet, Judges; M. B. Elmer,
     proportionate for that purpose, and those aims or                 Advocate-General ; H. von Holstein, Deputy Registrar, for
     overriding requirements could not be met by measures              the Registrar, has given a judgment on 9 July 1997, the
     less restrictive of intra-Community trade.                        operative part of which is as follows :
3 . On a proper construction of Article 59 of the EC                    With regard to the period preceding the entry into force of
      Treaty, a Member State is not precluded from taking,             Second Council Directive 89/646/EEC of 15 December
     on the basis of provisions of its domestic legislation,           1989 on the coordination of laws, regulations and
     measures against an advertiser in relation to television          administrative provisions relating to the taking up and
     advertising. However, it is for the national court to             pursuit of the business of credit institutions and amending
     determine whether those provisions are necessary for              Directive 77/780/EEC, Article 59 of the EEC Treaty must
     meeting overriding requirements of general public                 be construed as precluding a Member State from requiring
     importance or one of the aims stated in Article 56 of             a credit institution already authorized in another Member
                                                                       State to obtain an authorization in order to be able to
     the EC Treaty, whether they are proportionate for that
     purpose and whether those aims or overriding                      grant a mortgage loan to a person resident within its
     requirements could be met by measures less restrictive            territory, unless that authorization:
     of intra-Community trade.
                                                                       — is required of every person or company pursuing such
                                                                            an activity within the territory of the Member State of
4 . Directive 89/552/EEC is to be interpreted as                            destination,
     precluding the application to television broadcasts
     from other Member States of a provision of a domestic             — is justified on grounds of public interest, such as
      broadcasting law which provides that advertisements                   consumer protection, and
      broadcast in commercial breaks on television must not
      be designed to attract the attention of children under
      12 years of age.                                                 — is objectively necessary to ensure compliance with the
                                                                            rules applicable in the sector under consideration and
                                                                            to protect the interests which those rules are intended
H OJ No C 101 , 22 . 4 . 1995 .                                             to safeguard, and the same result cannot be achieved
                                                                            by less restrictive rules.
                                                                       (') OJ No C 208 , 2 . 9 . 1995 .
                JUDGMENT OF THE COURT
                          of 9 July 1997
in Case C-222/95 (reference for a preliminary ruling made                                 ORDER OF THE COURT
by the French Cour de Cassation ): Société Civile                                                of 30 June 1997
 Immobilière Parodi v. Banque H. Albert de Bary et Cie (')
                                                                       in Case C-66/97 ( reference for a preliminary ruling from
(Free movement of capital — Freedom to provide services                the Tribunal Cível da Comarca de Lisboa): Banco de
— Credit institutions — Grant of a mortgage loan —                     Fomento e Exterior SA v. Amândio Maurício Martins
Authorization requirement in the Member State in which                 Pechim, Maria da Luz Lima Barros Raposo Pechim and
                      the service is provided)                                  Confecções Têxteis de Vouzela Ld? ( CTV) (')
                           ( 97/C 252/24 )                                   (Reference for a preliminary ruling — Inadmissible)
                                                                                                  ( 97/C 252/25 )
                  (Language of the case: French)
                                                                                     (Language of the case: Portuguese)
   (Provisional translation; the definitive translation will be           (Provisional translation; the definitive translation will be
           published in the European Court Reports)                               published in the European Court Reports)
In Case C-222/95 : reference to the Court under Article 177             In Case C- 66/97: reference to the Court under Article 177
of the EC Treaty by the French Cour de Cassation for a                  of the EC Treaty from the Tribunal Civel da Comarca de
 ---pagebreak---  No C 252/14           I EN [               Official Journal of the European Communities                                  16 . 8 . 97
 Lisboa ( Local Civil Court, Lisbon) for a preliminary ruling           1 . The application for interim measures is dismissed.
 in the proceedings pending before that court between
 Banco de Fomento e Exterior SA and Amândio Mauricio
                                                                       2.    The costs are reserved.
 Martins Pechim, Maria de Luz Lima Barros Raposo
 Pechim and Confecções Têxteis de Vouzela Ld? ( CTV) on
 the interpretation of Articles 59, 90 and 92 of the EC
 Treaty — the Court, composed of: G. C. Rodriguez
 Iglesias, President, G. F. Mancini, J. C. Moitinho de
 Almeida ( Rapporteur ), J. L. Murray and L. Sevón
 ( Presidents of Chambers ), C. N. Kakouris, P. J. G.                  Action brought on 25 February 1997 by the Region
 Kapteyn, C. Gulmann, D. A. O. Edward, J.-P. Puissochet,               Wallone against the Commission of the European
 G. Hirsch, P. Jann, H. Ragnemalm, M. Wathelet and R.                                              Communities
 Schintgen, Judges; D. Ruiz-Jarabo Colomer, Advocate­                                           ( Case C-95/97)
 General; R. Grass, Registrar, has made an order on 30 June
 1997, in which it has held:                                                                      ( 97/C 252/27)
                                                                       An action against the Commission of the European
 The request for a preliminary ruling submitted by the
 Tribunal Cível da Comarca de Lisboa is inadmissible.
                                                                       Communities was brought before the Court of Justice of
                                                                       the European Communities on 25 February 1997 by the
                                                                       Region Wallone, represented by Jean-Marie de Backer,
 (') OJ No C 108 , 5 . 4. 1997 .                                       Olivier Ralet and Georges Vandersanden, of the Brussels
                                                                       Bar, with an address for service in Luxembourg at
                                                                       Fiduciaire Myson Sari, 30 Rue de Cessange.
                                                                       The applicant seeks the annulment of the Commission's
                                                                       decision of 18 December 1996 entitled ' Steel ECSC —
                                                                       Forges de Clabecq'.
      ORDER OF THE PRESIDENT OF THE COURT
                         of 21 March 1997                              By order of 21 March 1997 the Court referred the case to
                                                                       the Court of First Instance .
in Case C-l 10/97 R: Kingdom of the Netherlands v.
Council of the European Union, supported by
Commission of the European Communities and Italian
                              Republic
 (Application for interim measures — System of association
 of the overseas countries and territories — Safeguard                 Reference for a preliminary ruling by the Supremo
           measure — Serious and irreparable loss)                    Tribunal Administrativo ( Second Chamber) by judgment
                            97/C 252/26 )
                                                                      of that court of 9 April 1997 in the case of Fazenda
                                                                      Publica against Antram — Associaçao Nacional de
                                                                             Transportes Públicos Rodoviários de Mercadorias
                 (Language of the case: Dutch)                                                ( Case C-205/97 )
                                                                                                 ( 97/C 252/28 )
   (Provisional translation; the definitive translation will be       Reference has been made to the Court of Justice of the
          published in the European Court Reports)                    European Communities by judgment of the Second
                                                                      Chamber of the Supremo Tribunal Administrativo
                                                                      ( Supreme Administrative Court) of 9 April 1997, which
In Case C-l 10/97 R: Kingdom of the Netherlands (Agent:               was received at the Court Registry on 29 May 1997, for a
Marc Fierstra ) v. Council of the European Union (Agents:             preliminary ruling in the case of Fazenda Publica against
Ramon Torrent, Jürgen Huber and Guus Houttuin ),                      Antram — Associaçao Nacional de Transportes Públicos
supported by Commission of the European Communities                   Rodoviários de Mercadorias on the following questions :
( Agent: Thomas van Rijn ) and Italian Republic ( Agent:
Professor Umberto Leanza, assisted by Francesca Quadri,
Avvocato dello Stato) — application for suspension of                  1 . Does Article 243 et seq. of the CCC (') preclude
                                                                            a national court from ordering suspension of
operation, as regards imports of rice originating in the
Dutch Antilles and Aruba, of Council Regulation ( EC )
                                                                            implementation of a decision taken by that customs
No 304/97 of 17 February 1997 introducing safeguard                         authority, against which an appeal has been lodged,
                                                                            directly, that is without the need to submit such an
measures in respect of rice originating in the overseas
                                                                            application to the customs authority ?
countries and territories ( OJ No L 51 , 21 . 2 . 1997, p. 1 ),
or other interim measures — the President of the Court
has made an order on 21 March 1997, the operative part                2 . Does Article 243 et seq. of the CCC preclude a
of which is as follows :                                                    national court from suspending a decision taken by the