CELEX: C2000/233/11
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court (Second Chamber) of 18 May 2000 in Case C-230/98 (reference for a preliminary ruling from the Tribunale Civile e Penale di Treviso): Amministrazione delle Finanze dello Stato v Schiavon Silvano (Common commercial policy — Regulation No 545/92 and Regulation No 859/92 — Imports into the Community of "baby-beef" originating in the former Yugoslav Republic of Macedonia — Body competent to issue certificates of origin)

C 233/6                 EN                      Official Journal of the European Communities                                          12.8.2000
assurance and amending Directives 73/239/EEC and                           laying down detailed rules governing imports of ‘baby-beef’
88/357/EEC (Third Non-life Insurance Directive) (OJ 1992                   originating in the Republics of Croatia and Slovenia and the
L 228, p. 1) and under the EC Treaty — the Court (Sixth                    Yugoslav Republics of Bosnia-Herzegovina, Macedonia and
Chamber), composed of: J.C. Moitinho de Almeida (Rappor-                   Montenegro (OJ 1992 L 89, p. 26) — the Court (Second
teur), President of the Chamber, C. Gulmann, J.-P. Puissochet,             Chamber), composed of: R. Schintgen (Rapporteur), President
G. Hirsch and F. Macken, Judges; A. Saggio, Advocate General;              of the Chamber, G. Hirsch and V. Skouris, Judges; D. Ruiz-
D. Louterman-Hubeau, Principal Administrator, for the Re-                  Jarabo Colomer, Advocate General; R. Grass, Registrar, has
gistrar, has given a judgment on 18 May 2000, in which it:                 given a judgment on 18 May 2000, in which it has ruled:
1.    Declares that, by adopting and maintaining in force Article 2        Article 7 of Council Regulation (EEC) No 545/92 of 3 February
      of the law of 9 July 1975 on the control of insurance                1992 concerning the arrangements applicable to the import into the
      undertakings, as amended by the Royal Decree of 12 August            Community of products originating in the Republics of Croatia
      1994, the Kingdom of Belgium has failed to fulfil its                and Slovenia and the Yugoslav Republics of Bosnia-Herzegovina,
      obligations under Council Directive 92/49/EEC of 18 June             Macedonia and Montenegro (OJ 1992 L 63, p. 1) and Commission
      1992 on the coordination of laws, regulations and administra-        Regulation (EEC) No 859/92 of 3 April 1992 laying down detailed
      tive provisions relating to direct insurance other than life         rules governing imports of ‘baby-beef’ originating in the Republics of
      assurance and amending Directives 73/239/EEC and                     Croatia and Slovenia and the Yugoslav Republics of Bosnia-
      88/357/EEC (Third Non-life Insurance Directive);                     Herzegovina, Macedonia and Montenegro (OJ 1992 L 89, p. 26)
                                                                           must be interpreted as meaning that the importation into the
2.    Orders the Kingdom of Belgium to pay the costs.                      Community in September and October 1992 of consignments of
                                                                           ‘baby-beef’ originating in and coming from the former Yugoslav
(1) OJ C 258 of 15.8.1998.                                                 Republic of Macedonia with certificates of origin issued by the
                                                                           Yugoslav body which was the competent authority prior to the
                                                                           denunciation by the Community of the EEC-Yugoslavia Cooperation
                                                                           Agreement was not capable of benefiting from the arrangements for
                                                                           reduced import levies provided for in Article 7 of Regulation
                                                                           No 545/92 even though a new competent body had not been
                                                                           designated for the former Yugoslav Republic of Macedonia at the
                 JUDGMENT OF THE COURT                                     time the import operations took place.
                        (Second Chamber)                                   (1) OJ C 278 of 5.9.1998.
                          of 18 May 2000
in Case C-230/98 (reference for a preliminary ruling from
the Tribunale Civile e Penale di Treviso): Amministrazio-
     ne delle Finanze dello Stato v Schiavon Silvano (1)                                    JUDGMENT OF THE COURT
(Common commercial policy — Regulation No 545/92 and                                                 (Fifth Chamber)
Regulation No 859/92 — Imports into the Community of
‘baby-beef’ originating in the former Yugoslav Republic of                                           of 18 May 2000
Macedonia — Body competent to issue certificates of origin)
                                                                           in Case C-301/98 (reference for a preliminary ruling from
                          (2000/C 233/11)                                  the College van Beroep voor het Bedrijfsleven): KVS
                                                                           International BV v Minister van Landbouw, Natuurbeheer
                                                                                                       en Visserij (1)
                    (Language of the case: Italian)
                                                                           (Agriculture — Animal health in the veterinary sector in
                                                                           intra-Community trade in and imports of deep-frozen semen
(Provisional translation; the definitive translation will be published     of domestic animals of the bovine species — Certification of
                   in the European Court Reports)                          bovine semen intended for export to a Member State —
                                                                           Directives 88/407/EEC and 93/60/EEC — Scope ratione
In Case C-230/98: reference to the Court under Article 177 of                                            temporis)
the EC Treaty (now Article 234 EC) from the Tribunale Civile
e Penale di Treviso (District Court, Treviso), Italy, for a                                          (2000/C 233/12)
preliminary ruling in the proceedings pending before that
court between Amministrazione delle Finanze dello Stato and
                                                                                               (Language of the case: Dutch)
Schiavon Silvano, an insolvent firm, on the interpretation of
Council Regulation (EEC) No 545/92 of 3 February 1992
concerning the arrangements applicable to the import into the              (Provisional translation; the definitive translation will be published
Community of products originating in the Republics of                                         in the European Court Reports)
Croatia and Slovenia and the Yugoslav Republics of Bosnia-
Herzegovina, Macedonia and Montenegro (OJ 1992 L 63, p. 1)                 In Case C-301/98: reference to the Court under Article 177 of
and Commission Regulation (EEC) No 859/92 of 3 April 1992                  the EC Treaty (now Article 234 EC) by the College van Beroep