CELEX: C1996/180/12
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 21 March 1996 in Case C-335/94 (reference for a preliminary ruling from the Amtsgericht, Recklinghausen): Proceedings by Hans Walter Mrozek and Bernhard Jäger against administrative fines (Social legislation relating to road transport - Derogation for refuse vehicles)

No C 180/6             EN                    Official Journal of the European Communities                                    22 . 6 . 96
     to vote in the United Nations Food and Agriculture                  90/676/EEC of 13 December 1990, must be interpreted as
     Organization for the adoption of the Agreement to                  prohibiting the importation into a Member State of a
     promote compliance with international conservation                 medicinal product covered by that Directive with a view to
     and management measures by fishing vessels on the high             placing it on the market of that State or of administering it
     seas .                                                             there in the absence of prior authorization issued by the
                                                                        competent authority of that Member State.
2.   Orders the Council to bear the costs .
                                                                        (<) OJ No C 370, 24 . 12 . 1994 .
 3 . Orders the United Kingdom to bear its own costs.
 (') OJ No C 90 , 26 . 3 . 1994 .
                                                                                      JUDGMENT OF THE COURT
                                                                                               ( First Chamber )
                                                                                              of 21 March 1996
                                                                        in Case C-335/94 ( reference for a preliminary ruling from
                                                                        the Amtsgericht, Recklinghausen ): Proceedings by Hans
               JUDGMENT OF THE COURT
                                                                        Walter Mrozek and Bernhard Jager against administrative
                          ( First Chamber )                                                          fines ( 1 )
                       of 21 March 1996                                 (Social legislation relating to road transport — Derogation
in Case C-297/94 ( reference for a preliminary ruling made                                    for refuse vehicles)
by the Belgian Counseil d'État): Dominique Bruyère and                                           ( 96/C 180/12 )
                  Others v. Belgian State (')
 ( Veterinary medicinal products — Directives 81/851/EEC
                        and 90/676/EEC)                                                (Language of the case: German)
                            ( 96/C 180/ 11 )
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
                (Language of the case: French)
                                                                        In Case C-335/94 : reference to the Court under Article 177
(Provisional translation; the definitive translation will be            of the EC Treaty from the Amtsgericht ( Local Court),
          published in the European Court Reports)                      Recklinghausen, for a preliminarey ruling in the proceedings
                                                                        against administrative fines brought before that court by
                                                                        Hans Walter Mrozek and Bernhard Jager on the
In Case C-297/94 : reference to the Court under Article 177             interpretation of Article 4 ( 6 ) of Council Regulation ( EEC )
of the EC Treaty by the Belgian Conseil d'État for a                   No 3820/85 of 20 December 1985 on the harmonization of
preliminary ruling in the proceedings pending before that              certain social legislation relating to road transport ( OJ No
court between Dominique Bruyère and Others and the                     L 370, 1985 , p . 1 ) — the Court ( First Chamber ), composed
Belgian State — on the interpretation of Article 4 ( 2 ) of            of D. A. O. Edward ( President of the Chamber), P. Jann
Council Directive 81 /851 /EEC of 28 September 1981 on the              ( Rapporteur ) and L. Sevôn, Judges; P. Léger,
approximation of the laws of the Member States relating to             Advocate-General; H. von Holstein, Deputy Registrar, for
veterinary medicinal products ( OJ No L 317, 1981 , p . 1 ), in        the Registrar, has given a judgment on 21 March 1996 in
its original version and as amended by Council Directive               which it rules :
90/676/EEC of 13 December 1990 ( OJ No L 373 , 1990,
p . 15 ) — the Court ( First Chamber ), composed of D. A. O.
Edward, President of the Chamber, P. Jann and L. Sevôn                  1 . The words 'vehicles used in connection with . . . refuse
( Rapporteur ), Judges ; M. P. Elmer, Advocate-General; L.                  collection and disposal' in Article 4 (6) of Council
Hewlett, Administrator, for the Registrar, has given a                      Regulation (EEC) No 3820/85 of20 December 1985 on
judgment on 21 March 1 996 , the operative part of which is                 the harmonization ofcertain social legislation relating to
as follows :                                                                road transport must be interpreted as covering vehicles
                                                                            used for the collection of waste of all kinds which is not
                                                                            subject to more specific rules and for the transportation
Article 4 of Council Directive 81 /851 /EEC of28 September                  ofsuch waste over short distances, within the context of
198Î on the approximation of the laws of the Member                         a general service in the public interest provided directly
States relating to veterinary medicinal products, in its                    by the public authorities or by private undertakings
original version and as amended by Council Directive                        under their control.
 ---pagebreak--- 22 . 6 . 96           EN                    Official Journal of the European Communities                                 No C 180/7
2 . In areas not covered by Regulation (EEC) No 3820/85,                              JUDGMENT OF THE COURT
     Member States remain competent to adopt rules on                                        of 26 March 1996
     driving periods.
                                                                       in Case C-3 92/93 ( reference for a preliminary ruling from
                                                                       the High Court of Justice, Queen's Bench Division,
0 ) OJ No C 392, 31 . 12 . 1994 .                                      Divisional Court ): The Queen v. H. M. Treasury, ex parte:
                                                                                     British Telecommunications plc (')
                                                                       (Reference for a preliminary ruling — Interpretation of
                                                                       Directive      90/531/EEC     —     Telecommunications       —
                                                                        Transposition into national law — Obligation to pay
                                                                         compensation in the event of incorrect implementation)
                                                                                                 96/C 180/ 14 )
              JUDGMENT OF THE COURT
                         ( First Chamber)
                       of 21 March 1996
                                                                                       (Language of the case: Englisb)
in Case C-39/95 ( reference for a preliminary ruling from the
Tribunal de Police, La Rochelle ): Criminal proceedings
                   against Pierre Goupil f 1 )
(Social legislation relating to road transport — Derogation
                        for refuse vehicles)                           In Case C-3 92/93 : reference to the Court under Article 177
                           ( 96/C 180/ 13 )                            of the EC Treaty by the High Court of Justice, Queen's
                                                                       Bench Division, Divisional Court, for a preliminary ruling
                                                                       in the proceedings pending before that court between
                (Language of tbe case: Frencb)                         the Queen and H. M. Treasury, ex parte British
                                                                       Telecommunications pic, on the interpretation of
                                                                       Article 8 ( 1 ) of Council Directive 90/531 /EEC of
(Provisional translation; the definitive translation will be            17 September 1990 on the procurement procedures of
          published in the European Court Reports)                     entities operating in the water, energy, transport and
                                                                       telecommunications sectors ( OJ No L 297, 1990 , p . 1 ) —
                                                                       the Court, composed of G. C. Rodriguez Iglesias, President,
In Case C-39/95 : reference to the Court under Article 177 of           C. N. Kakouris, D. A. O. Edward and J. -P. Puissochet,
the EC Treaty from the Tribunal de Police ( Local Criminal              Presidents of Chambers , G. F. Mancini, F. A. Schockweiler,
Court ), La Rochelle, for a preliminary ruling in the criminal         J. C. Moitinho de Almeida ( Rapporteur ), C. Gulmann and
proceedings pending before that court against Pierre Goupil            J. L. Murray, Judges; G. Tesauro, Advocate-General ; L.
on the interpretation of Article 4 ( 6 ) of Council Regulation          Hewlett, Administrator, for the Registrar, has given a
( EEC ) No 3820/85 of 20 December 1985 on the                           judgment on 26 March 1996 , in which it rules :
harmonization of certain social legislation relating to road
transport ( OJ No L 370, 1985 , p . 1 ) — the Court ( First
Chamber), composed of D. A. O. Edward ( President of the
Chamber ), P. Jann ( Rapporteur ) and L. Sevon, Judges; P.
Léger, Advocate-General; H. von Holstein , Deputy
Registrar, for the Registrar, has given a judgment on                   1 . It is not open to a Member State, when transposing into
21 March 1996 in which it rules :                                           national law Council Directive 90/531 /EEC of
                                                                            1 7 September 1 990 on the procurement procedures of
                                                                            entities operating in the water, energy, transport and
The words 'vehicles used in connection with . . . refuse                    telecommunications      sectors,    to determine     which
collection and disposal ' in Article 4 (6) of Council                       telecommunications services are to be excluded from its
Regulation (EEC) No 3820/85 of20 December 1985 on the                       scope in implementation of Article 8 (1 ), since that
harmonization of certain social legislation relating to road                power is vested in the contracting entities themselves.
transport must be interpreted as covering vehicles used for
the collection of waste of all kinds which is not subject to
more specific rules and for the transportation of such waste
over short distances, within the context of a general service
in the public interest provided directly by the public                  2 . The criterion laid down by Article 8 (1 ) of Directive
authorities or by private undertakings under their                          90/531 , namely that 'other entities are free to offer the
control.                                                                    same services in the same geographical area and under
                                                                            substantially the same conditions ', is to be verified as a
                                                                            matter of law and of fact, having regard in particular to
 (') OJ No C 87, 8 . 4 . 1995 .                                             all the characteristics of the services concerned, the
                                                                            existence of alternative services, price factors, the
                                                                            dominance or otherwise of the contracting entity's
                                                                            position on the market and any legal constraints.