CELEX: C1998/278/43
Language: en
Date: 1998-09-05 00:00:00
Title: Reference for a preliminary ruling by the Oberste Gerichtshof, Austria by judgment of that court of 30 June 1998 in the case of Schutzverband gegen unlauteren Wettbewerb against TK-Heimdienst Sass GmbH (Case C-254/98)

C 278/24              EN                 Official Journal of the European Communities                                     5.9.98
Pleas in law and main arguments adduced in support:                 Ð order the Kingdom of Belgium to pay the costs.
                                                                    Pleas in law and main arguments adduced in support:
The Commission considers that the principles developed
by the case-law cited in its claim apply to professions and
situations which fall within the scope of general system'          The pleas in law and main arguments are analogous to
Directives or sectorial' Directives but in which the               those in Case C-250/98 (2); the time limit prescribed for
conditions needing to be fulfilled under those Directives in        the transposition of the Directive expired on 1 February
order to enjoy recognition have not been complied with.             1997.
Even where a Directive concerning the mutual recognition
of diplomas does not apply, the Member States are obliged
to ensure freedom of movement for migrant workers,                  (1) OJ L 196, 7.8.1996, p. 8.
                                                                    (2) See page 22 of this Official Journal.
whether they are employed or self-employed. It would be
inconsistent for Directives which are designed to provide
for mutual recognition to have a restrictive effect on
freedom of establishment by denying a Community
national holding a diploma which does not fulfil the
conditions laid down by those Directives the possibility of
relying on the Vlassopoulou case-law when he could
certainly have done so in the absence of such Directives.           Reference for a preliminary ruling by the Oberste
                                                                    Gerichtshof, Austria by judgment of that court of 30 June
                                                                    1998 in the case of Schutzverband gegen unlauteren
(1) Judgment of 15 October 1987 in Case 222/86 Heylens [1987]             Wettbewerb against TK-Heimdienst Sass GmbH
    ECR p. 4097.
(2) Judgment of 7 May 1991 in Case C-340/89 Vlassopoulou                                    (Case C-254/98)
    [1991] ECR I-2357.                                                                        (98/C 278/43)
                                                                    Reference has been made to the Court of Justice of the
                                                                    European Communities by judgment of the Oberste
                                                                    Gerichtshof (Supreme Court), Austria, received at the
                                                                    Court Registry on 13 July 1998, for a preliminary ruling
Action brought on 10 July 1998 by the Commission of the             in the case of Schutzverband gegen unlauteren Wettbewerb
  European Communities against the Kingdom of Belgium               against TK-Heimdienst Sass GmbH on the following
                                                                    question:
                       (Case C-253/98)
                        (98/C 278/42)
                                                                    Is Article 30 of the EC Treaty to be interpreted as
                                                                    precluding legislation under which bakers, butchers and
                                                                    grocers may not offer for sale on rounds from locality to
An action against the Kingdom of Belgium was brought                locality or from door to door goods which they are
before the Court of Justice of the European Communities             entitled to sell under the terms of their trading licence
on 10 July 1998 by the Commission of the European                   unless they also carry on their trade from fixed business
Communities, represented by Frank Benyon, Legal                     premises situated in the administrative district in which
Adviser, and Bernard Mongin, of its Legal Service, acting           they offer the goods for sale in the abovementioned
as Agents, with an address for service in Luxembourg at             manner or in a municipality adjacent thereto, and
the office of Carlos Gómez de la Cruz, Wagner Centre,               furthermore may offer for sale on rounds from locality to
Kirchberg.                                                          locality or from door to door only such goods as are also
                                                                    offered for sale at the said fixed business premises?
The Commission of the European Communities claims
that the Court should:
Ð declare that, by failing to adopt the laws, regulations           Action brought on 14 July 1998 by the Kingdom of Spain
     and administrative measures necessary in order to                 against the Commission of the European Communities
     comply with Commission Directive 96/40/EC of                                           (Case C-255/98)
     25 June 1996 establishing a common model for an
     identity card for inspectors carrying out port State                                     (98/C 278/44)
     control (1), alternatively by failing within the
     prescribed time limit to communicate the measures
     necessary to comply therewith, the Kingdom of                  An action against the Commission of the European
     Belgium has failed to fulfil its obligations under             Communities was brought before the Court of Justice of
     Article 2 of that Directive and under the EC Treaty,           the European Communities on 14 July 1998 by the