CELEX: C1999/204/27
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 May 1999 in Case C-350/97 (reference for a preliminary ruling from the Verwaltungsgerichtshof): Wilfried Monsees v Unabhängiger Verwaltungssenat für Kärnten (Articles 30, 34 and 36 of the EC Treaty (now, after amendment, Articles 28, 29 and 30 EC) - Free movement of goods - Prohibition of quantitative restrictions and measures having equivalent effect - Derogations - Protection of health and life of animals - International transport of live animals for slaughter)

C 204/14                  EN                     Official Journal of the European Communities                                           17.7.1999
                   JUDGMENT OF THE COURT                                    stelltenbetriebsrat der Wiener Gebietskrankenkasse v Wiener
                                                                            Gebietskrankenkasse — on the interpretation of Article 119
                            of 11 May 1999                                  of the EC Treaty (now, after amendment, Article 141 EC) and
                                                                            Council Directive 75/117/EEC of 10 February 1975 on the
in Case C-255/97 (reference for a preliminary ruling from                   approximation of the laws of the Member States relating to
the Handelsgericht Wien): Pfeiffer Großhandel GmbH v                        the application of the principle of equal pay for men and
                   Löwa Warenhandel GmbH (1)                                women (OJ 1975 L 45, p. 19) — the Court, composed of:
                                                                            G.C. Rodrı́guez Iglesias, President, J.-P. Puissochet (Rappor-
(Articles 30 and 52 of the EC Treaty (now, after amendment,                 teur), G. Hirsch and P. Jann, Presidents of Chambers, J.C.
Articles 28 EC and 43 EC) — Industrial and commercial                       Moitinho de Almeida, C. Gulmann, D.A.O. Edward, H. Ragne-
                       property — Trade name)                               malm and M. Wathelet, Judges; G. Cosmas, Advocate General;
                                                                            D. Louterman-Hubeau, Principal Administrator, for the Regis-
                            (1999/C 204/25)                                 trar, has given a judgment on 11 May 1999, in which it has
                                                                            ruled:
                    (Language of the case: German)
                                                                            The term ‘the same work’ does not apply, for the purposes of Article
                                                                            119 of the EC Treaty (now, after amendment, Article 141 EC) or
(Provisional translation; the definitive translation will be published      Council Directive 75/117/EEC of 10 February 1975 on the
                     in the European Court Reports)                         approximation of the laws of the Member States relating to the
                                                                            application of the principle of equal pay for men and women, where
In Case C-255/97: reference to the Court under Article 234                  the same activities are performed over a considerable length of time
EC (ex Article 177) from the Handelsgericht Wien (Austria) for              by persons the basis of whose qualification to exercise their profession
a preliminary ruling in the proceedings pending before that                 is different.
court between Pfeiffer Großhandel GmbH and Löwa Waren-
handel GmbH — on the interpretation of Articles 30 and 52
of the EC Treaty (now, after amendment, Articles 28 EC and                  (1) OJ C 331 of 1.11.1997.
43 EC) — the Court, composed of G.C. Rodrı́guez Iglesias,
President, P.J.G. Kapteyn and P. Jann, Presidents of Chambers,
J.C. Moitinho de Almeida, C. Gulmann (Rapporteur), J.L. Mur-
ray, H. Ragnemalm, L. Sevón and M. Wathelet, Judges; J.
Mischo, Advocate General; H. von Holstein, Deputy Registrar,
for the Registrar, has given a judgment or 11 May 1999, in                                   JUDGMENT OF THE COURT
which it has ruled:
                                                                                                      (Fifth Chamber)
Articles 30 and 52 of the EC Treaty (now, after amendment, Articles
28 EC and 43 EC) do not preclude a provision of national law which                                    of 11 May 1999
prohibits, where there is a risk of confusion, the use of a trade name
as the specific designation of an undertaking.                              in Case C-350/97 (reference for a preliminary ruling
                                                                            from the Verwaltungsgerichtshof): Wilfried Monsees v
(1) OJ C 271 of 6.9.1997.
                                                                                    Unabhängiger Verwaltungssenat für Kärnten (1)
                                                                            (Articles 30, 34 and 36 of the EC Treaty (now, after
                                                                            amendment, Articles 28, 29 and 30 EC) — Free movement
                                                                            of goods — Prohibition of quantitative restrictions and
                                                                            measures having equivalent effect — Derogations — Protec-
                   JUDGMENT OF THE COURT                                    tion of health and life of animals — International transport
                                                                                              of live animals for slaughter)
                            of 11 May 1999
                                                                                                      (1999/C 204/27)
in Case C-309/97 (reference for a preliminary ruling from
the Oberlandesgericht Wien): Angestelltenbetriebsrat der                                       (Language of the case: German)
Wiener Gebietskrankenkasse v Wiener Gebietskranken-
                                kasse (1)
                                                                            (Provisional translation; the definitive translation will be published
                  (Equal pay for men and women)                                                in the European Court Reports)
                            (1999/C 204/26)                                 In Case C-350/97: reference to the Court under Article
                                                                            234 EC (ex Article 177) by the Verwaltungsgerichtshof
                                                                            (Administrative Court), Austria, for a preliminary ruling in the
                    (Language of the case: German)                          proceedings pending before that court between Wilfried
                                                                            Monsees and Unabhängiger Verwaltungssenat für Kärnten,
(Provisional translation; the definitive translation will be published      Joined party: Bundesminister für Wissenschaft und Verkehr —
                     in the European Court Reports)                         on the interpretation of Articles 30, 34 and 36 of the EC
                                                                            Treaty (now, after amendment, Articles 28, 29 and 30 EC) and
In Case C-309/97: reference to the Court under Article 234                  other provisions of Community law relating to the transport
EC (ex Article 177) by the Oberlandesgericht Wien (Higher                   of live animals for slaughter — the Court (Fifth Chamber),
Regional Court), Vienna, Austria for a preliminary ruling in                composed of: J.-P. Puissochet, President of the Chamber,
the proceedings pending before that court between Ange-                     J.C. Moitinho de Almeida, C. Gulmann, D.A.O. Edward and
 ---pagebreak--- 17.7.1999                EN                      Official Journal of the European Communities                                           C 204/15
L. Sevón (Rapporteur), Judges; P. Léger, Advocate General;                 A rule such as that in Article 3(1) of the Verordening Stoffen met
L. Hewlett, Administrator, for the Registrar, has given a                   sympathico mimetische werking (PVV) 1991, read in conjunction
judgment on 11 May 1999, in which it has ruled:                             with Article 2 of that Verordening, constitutes a technical regulation
                                                                            within the meaning of Council Directive 83/189/EEC of 28 March
On a correct interpretation of Articles 30, 34 and 36 of the EC             1983 laying down a procedure for the provision of information in
Treaty (now, after amendment, Articles 28, 29 and 30 EC), a                 the field of technical standards and regulations, as amended by
Member State is prevented from restricting the transport by road of         Council Directive 88/182/EEC of 22 March 1988, in respect of
animals for slaughter by requiring such transport to be carried out         which the Member State which adopted it is exempt, under Article
only as far as the nearest suitable abattoir within national territory      10 of that directive, from the obligation to notify the Commission
and under conditions such that, upon observance of the motor vehicle        laid down in Article 8 thereof.
and traffic regulations, a total journey time of six hours and a
distance of 130 kilometres are not exceeded, account being taken of         (1) OJ C 72 of 7.3.1998.
only half of the kilometres actually travelled on a motorway.
(1) OJ C 370 of 6.12.1997.
                                                                                             JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                              (Sixth Chamber)
                           (Fifth Chamber)                                                            of 19 May 1999
                           of 11 May 1999                                   in Case C-6/97: Italian Republic v Commission of the
                                                                                               European Communities (1)
in Joined Cases C-425/97 to C 427/97 (references for a
preliminary ruling from the Gerechtshof te                                  (State aid — Definition — Tax credit — Recovery —
’s-Hertogenbosch): Criminal proceedings against Adrianus                                          Absolute impossibility)
Albers (C-425/97) Martinus Van den Berkmortel (C-
        426/97) and Leon Nuchelmans (C-427/97) (1)                                                    (1999/C 204/29)
(Directive 83/189/EEC — Technical regulations — Obli-
    gation to notify — Prohibition on growth promoters)                                         (Language of the case: Italian)
                           (1999/C 204/28)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                     (Language of the case: Dutch)
                                                                            In Case C-6/97: Italian Republic (Agent: Umberto Leanza,
                                                                            assisted by Oscar Fiumara) v Commission of the European
(Provisional translation; the definitive translation will be published      Communities (Agents: Laura Pignataro, Anders C. Jessen
                    in the European Court Reports)                          and Enrico Altieri) — application for the annulment of
                                                                            Commission Decision 97/270/EC of 22 October 1996 on a
In Joined Cases C-425/97 to C-427/97: references to the Court               tax credit scheme introduced by Italy for professional road
under Article 177 of the EC Treaty from the Gerechtshof                     hauliers (C 45/95 ex NN 48/95) (OJ 1997 L 106, p. 22) — the
(Regional Court of Appeal), ’s-Hertogenbosch (Netherlands),                 Court (Sixth Chamber), composed of: P.J.G. Kapteyn, President
for a preliminary ruling in the criminal proceedings pending                of the Chamber, G. Hirsch (Rapporteur), G.F. Mancini, H. Rag-
before that court against Adrianus Albers (C-425/97) Martinus               nemalm and R. Schintgen, Judges; Advocate General; D. Ruiz-
Van den Berkmortel (C-426/97) and Leon Nuchelmans (C-                       Jarabo Colomer; H.A. Rühl, Principal Administrator, for the
427/97) — on the interpretation of Council Directive                        Registrar, has given a judgment on 19 May 1999, in which it:
83/189/EEC of 28 March 1983 laying down a procedure for
the provision of information in the field of technical standards            1. Dismisses the application;
and regulations (OJ 1983 L 109, p. 8), as amended by Council
Directive 88/182/EEC of 22 March 1988 (OJ 1988 L 81, p. 75)                 2. Orders the Italian Republic to pay the costs.
— the Court (Fifth Chamber), composed of: J.-P. Puissochet,
President of the Chamber, J.C. Moitinho de Almeida, C. Gul-
mann (Rapporteur), L. Sevón and M. Wathelet, Judges; P. Léger,             (1) OJ C 94 of 22.3.1997.
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 11 May 1999, in which it
has ruled: