CELEX: C1997/252/41
Language: en
Date: 1997-08-16 00:00:00
Title: Reference for a preliminary ruling by the Østre Landsret by order of 24 June 1997 in the case of Skatteministeriet v. Aktieselskabet Forsikringsselskabet Codan (Case C-236/97)

No C 252/20             EN                 Official Journal of the European Communities                                            16 . 8 . 97
Reference for a preliminary ruling by the Juzgado de lo                     — FF 103 286 730 eligible expenditure corresponding
Social No 4 of Madrid by order of that court of 30 May                           to intervention measures concerning the public
1997 in the case of Teresa Fernandez de Bobadilla against                         storage of cereals,
( 1 ) Museo Nacional del Prado, (2 ) Ministerio Fiscal and
          ( 3 ) Comite de Empresa del Museo del Prado                      — FF 720 720 eligible expenditure under the export
                                                                                 refund system in respect of an export operation of
                         ( Case C-234/97)                                         73,5 tonnes of processed cheese for Saudi Arabia ,
                           ( 97/C 252/39 )
                                                                      — in         the  alternative,    consider    the   correction        of
                                                                            FF 103 286 730 concerning the public storage of
Reference has been made to the Court of Justice of the                      cereals to be disproportionate in amount,
European Communities by order of the Juzgado de lo
Social No 4 ( Social Court No 4 ) of Madrid of 30 May                 — order the defendant to pay the costs.
1997, received at the Court Registry on 26 June 1997, for
a preliminary ruling in the case of Teresa Fernandez de               Pleas in law and main arguments adduced in support:
Bobadilla against ( 1 ) Museo Nacional del Prado, ( 2 )
Ministerio Fiscal and ( 3 ) Comite de Empresa del Museo               ( As regards expenditure in the cereal sector )
del Prado on the following question:
                                                                      — France would put forward the same pleas as it did in
                                                                            Case C-232/96 ( 2 ).
Does the provision contained in the Collective Agreement
of an Autonomous Organization of the Spanish State                    ( As regards the application of the export refund system in
which requires, for pursuit of the profession of restorer (a          respect of consignment of processed cheese exported to
non-regulated profession), prior validation of the academic           Saudi Arabia )
qualification obtained in another Community country —
such validation involving a comparison of the study                   — Breach of Council Regulation ( EEC ) No 729/70 of
programmes in Spain and in the other country and the                        21 April 1970 on the financing of the common
passing of theoretical and practical tests in the subjects in               agricultural policy ( 3 ): the export operation took place
the Spanish programme of studies which do not appear in                     in accordance with the Community rules in force, in
the programme of studies of the other Community country                     particular in compliance with Articles 5 and 13 of
in question — infringe the right to freedom of movement                     Commission Regulation ( EEC) No 3665/87 of
for workers ?                                                               27 November 1987 laying down common detailed
                                                                            rules for the application of the system of export
                                                                            refunds on agricultural products (4 ). In the absence of
                                                                            Community standards, the Member States are
                                                                            competent to define the ' sound and fair marketable
                                                                            quality' of products . The French Commission
                                                                            Interministerielle     de   Coordination     des      Controles
Action brought on 27 June 1997 by the French Republic                       ( Interministerial Commission for Coordinating
    against the Commission of the European Communities                      Controls ) considered that the criteria for determining
                           Case C-235/97 )                                  that the product in question was not of sound and fair
                                                                            marketable quality were not satisfied. The cheese was
                           ( 97/C 252/40 )                                  destroyed in order to preserve the product's brand
                                                                            image after the customs formalities had been
                                                                            completed and despite the fact that the Saudi
An action against the Commission of the European                            authorities had not expressed any reservations on
Communities was brought before the Court of Justice on                      importation.
27 June 1997 by the French Republic, represented by
Kareen Rispal-Bellanger, Deputy Director of the Legal                 H OJ No L 139, 30 . 5 . 1997, p . 30 .
Affairs Directorate at the Ministry of Foreign Affairs, and           (2 ) OJ No C 269, 14 . 9 . 1996 , p. 9 .
Frederic Pascal, Attache from the Central Administration              (3 ) Official Journal, English Special Edition 1970 ( 1 ), p. 218 .
                                                                      (4 ) OJ No L 351 , 14 . 12 . 1987, p. 1 .
in the same Department, acting as Agents, with an address
for service in Luxembourg at the French Embassy, 8B
Boulevard Joseph II.
The French Republic claims that the Court should :
                                                                      Reference for a preliminary ruling by the 0stre Landsret
                                                                      by order of 24 June 1997 in the case of Skatteministeriet
— declare null and void Commission Decision 97/333/EC                            v. Aktieselskabet Forsikringsselskabet Codan
      of 23 April 1997 (') on the clearance of the accounts                                     ( Case C-236/97)
      presented by the Member States in respect of the
                                                                                                  ( 97/C 252/41 )
      expenditure for 1993 on the Guarantee Section of the
      European Agricultural Guidance and Guarantee Fund
      ( EAGGF), inasmuch as that decision disallows for               Reference has been made to the Court of Justice of the
      France :                                                        European Communities by order of 24 June 1997 from
 ---pagebreak--- 16 . 8 . 97            EN                       Official Journal of the European Communities                                      No C 252/21
the 0stre Landsret (Eastern Regional Court), which was                              member comparable to children of the family, to be
received at the Court Registry on 27 June 1997, for a                               regarded as accommodation referred to in Article
preliminary ruling in the case of Skatteministeriet                                 2 ( l)(b)?
( Danish Ministry for Fiscal Affairs) v. Aktieselskabet
Forsikringsselskabet Codan, a limited-liability insurance                  2.2 . Are the training of the student and his parents, the
company, on the following question:                                                 selecting of the host family and the school in the host
                                                                                    country, and the preparation of documentation
Must Article 12 ( 1 ) ( a ) of Council Directive 69/335/EEC                         relating to the country to be regarded as other tourist
of 17 July 1969 concerning indirect taxes on the raising of                         services referred to in Article 2 ( 1 ) ( c)?
capital H be construed as authorizing duty to be charged
on the transfer of shares, irrespective of whether the                     ( 1 ) OJ No L 158 , 23 . 6 . 1990, p . 59 .
company which issued those shares is admitted to trade on
a Stock Exchange and irrespective of whether the share
transfer is effected through the Stock Exchange or directly
between the transferor and the acquiring party ?
(') OJ, English Special Edition 1969 ( II ), p. 412 .
                                                                           Action brought on 27 June 1997 by the Commission of
                                                                             the European Communities against the Kingdom of Spain
                                                                                                       ( Case C-238/97)
                                                                                                         ( 97/C 252/43
                                                                           An action against the Kingdom of Spain was brought
Reference for a preliminary ruling from the Korkein                        before the Court of Justice of the European Communities
Hallinto-oikeus by order of that court of 23 June 1997 in                  on 27 June 1997 by the Commission of the European
       the case of AFS Intercultural Programs Finland ry                   Communities, represented by Frank Benyon, Legal
                         ( Case C-237/97 )                                 Adviser, and Fernando Castillo de la Torre, of its Legal
                           ( 97/C 252/42 )                                 Service, acting as Agents, with an address for service in
                                                                           Luxembourg at the office of Carlos Gomez de la Cruz,
                                                                           Wagner Centre, Kirchberg.
Reference has been made to the Court of Justice of the
European Communities by an order of the Korkein                            The applicant claims that the Court should:
Hallinto-oikeus ( Supreme Administrative Court) of 23 June
 1997, which was received at the Court Registry on 27 June                  1 . declare that, by not adjusting the Agreement between
 1997, for a preliminary ruling in the case of AFS                                 Spain and Tunisia (') so as to give access to cargo­
 Intercultural Programs Finland ry on the following                                shares by Community nationals or by not
 questions:                                                                        communicating such adjustments, the Kingdom of
                                                                                   Spain has failed to fulfil its obligations under Articles 3
 1.     Does a student exchange journey of a duration of                           and 4 ( 1 ) of Regulation ( EEC ) No 4055/86 ( 2), and
        about six months or a year, the purpose of which is
        not travel or tourism but attending school in a                     2 . order the defendant to pay the costs.
        foreign country and getting to know its people and
        culture by living in a local family as a family member              Pleas in law and main arguments adduced in support:
        without payment, fall wholly or partly within
        the scope of Council Directive 90/314/EEC of 30                     Under Article 3 of Regulation ( EEC ) No 4055/86, cargo­
        June 1990 on package travel, package holidays                       sharing agreements contained in existing bilateral
        and package tours ( ! )? Are characteristics which                  agreements are to be phased out or adjusted . The
        emphasize the non-commercial nature of the                          provisions of Articles 10 and 12 of the Agreement
        organization of the journey, such as the fact that a                between Spain and Tunisia constitute cargo agreements
        participant has to pay only part of the travel costs                and are thus subject to that requirement. Article 4 ( 1 ) ( b )
        himself, that the journeys are organized in                         of the Regulation provides for an adjustment period
        cooperation between public-interest associations of                 ending on 1 January 1993 . With reference to Article
        different countries and are largely based on voluntary              4 ( 1 ) ( a ), the Commission notes that Spain did not accede
                                                                            to the United Nations              Code       of Conduct for Liner
        work, and that the journeys are supported by State
        cultural funds, of relevance for whether a student                  Conferences until 3 February 1994 . Regulation ( EEC )
        exchange journey falls within the scope of the                      No 4055/86 does not merely provide that Member States
        Package Travel Directive ?                                          are to request non-member countries to accept adjustment
                                                                            of such agreements: if there is no acceptance or even
  2.    If the student exchange journeys described above fall               formal acknowledgment of receipt of such a request, the
                                                                             agreements may be denounced ( such denouncement is
        within the general scope of the Package Travel
        Directive, an answer is also sought to the following                provided for in Article 22 of the Agreement with Tunisia ).
        questions concerning the detailed interpretation of
        Article 2 of that Directive :                                        (') Agreement on carriage by sea , Boletm Oficial del Estado,
                                                                                   1986 , p. 899 .
                                                                             ( 2 ) OJ No L 378 , 31 . 12 . 1986 , p . 1 .
  2.1 . Is long-term accommodation without payment,
        whose essence is living in a family as a family