CELEX: C2000/020/31
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-430/99: Reference for a preliminary ruling by the Raad van State by judgment of that court of 4 November 1999 in the case of Sea-Land Service Inc. against Customs Inspector, Rotterdam District

22.1.2000              EN                  Official Journal of the European Communities                                        C 20/15
Reference for a preliminary ruling by the College van                    (b) If not, is it otherwise if participants in the scheme are
Beroep voor het Bedrijfsleven by judgment of that court                       charged for services provided?
of 27 October 1999 in the case of H. van den Bor BV
  against Het Voedselvoorzieningsin- en verkoopbureau
                         (Case C-428/99)                                 (c) Must Question 1(b) be answered differently if that
                                                                              charge is levied on participants in the scheme whose
                          (2000/C 20/30)                                      participation is mandatory, though not on other users
                                                                              such as inland navigation or sea vessels with a length
                                                                              of less than 41 metres?
Reference has been made to the Court of Justice of the
European Communities by judgment of the College van Beroep
voor het Bedrijfsleven (Commercial Court of Appeal) of
27 October 1999, received at the Court Registry on 8 No-              2. (a) If legislation such as the VBS and its associated charge
vember 1999, for a preliminary ruling in the case of H. van                   constitutes an obstacle to freedom to provide services,
den Bor BV against Het Voedselvoorzieningsin- en verkoopbu-                   does such restriction then come under the exception
reau on the following questions:                                              provided for in Article 56 (now Article 46) of the EC
                                                                              Treaty for provisions justified on grounds of public
1. Was the Netherlands Minister of Agriculture, Nature                        security?
    Management and Fisheries authorised, pending enactment
    of Community rules in the matter, to adopt national rules
    enabling compensation to be paid in respect of loss
    suffered by the person concerned as a result of the                  (b) Is it material to the reply to be given to Question 2(a)
    slaughter of British calves, as occurred in the case of the               whether the charge is greater than the actual cost of
    decisions by the abovementioned Minister of 23 April                      the service provided to the individual vessel?
    1996?
2. If the answer to Question 1. is in the negative, does
    Community law preclude the honouring of the expectation           3. If legislation such as the VBS and its associated charge
    raised by a decision under the abovementioned national               constitutes an obstacle to freedom to provide services,
    rules that a specified amount of compensation will be paid,          and such restriction is not justified under the exception
    which if solely national law were applicable, would have             provided for in Article 56 (now Article 46) of the EC
    to be regarded as justified?                                         Treaty, can the restriction be justified either because it
                                                                         merely concerns a ‘sales arrangement’, as laid down in
3. If Question 1. Is answered in the affirmative, does Com-              Keck and Mithouard, and there is thus no question of
    munity law, and in particular Regulation No 717/96,                  discrimination, or because it meets the yardsticks for such
    preclude the compensation to the appellant from being                legislation laid down in other judgments, in particular in
    determined in accordance with the abovementioned                     Gebhard?
    national rules.
                                                                      4. (a) Must a Member State’s legislation such as the VBS be
                                                                              deemed to constitute aid within the meaning of
                                                                              Article 92(1) (now Article 87(1)) of the EC Treaty,
                                                                              inasmuch as it exempts certain categories of partici-
Reference for a preliminary ruling by the Raad van State
                                                                              pants, particularly inland navigation, from the require-
by judgment of that court of 4 November 1999 in the
                                                                              ment to pay the charge?
case of Sea-Land Service Inc. against Customs Inspector,
                       Rotterdam District
                         (Case C-430/99)                                 (b) If so, does such aid come within the prohibition of that
                                                                              provision?
                          (2000/C 20/31)
Reference has been made to the Court of Justice of the
European Communities by judgment of the Raad van State                   (c) If Question 4(b) is also answered affirmatively, does
(Council of State) of 4 November 1999, received at the Court                  the description of aid prohibited under Community
Registry on 8 November 1999, for a preliminary ruling in the                  law also have consequences under Community law for
case of Sea-Land Service Inc. against Customs Inspector,                      the remuneration which the participants, apart from
Rotterdam District on the following questions:                                those exempted, are required to pay?
1. (a) Does legislation such as the VBS, in so far as it provides
        for mandatory participation in traffic accompaniment,
        constitute a restriction on freedom to provide services,
        as provided for in Regulation (EEC) No 4055/86 in
        conjunction with Article 59 (now Article 49) of the EC
        Treaty?