CELEX: C2001/289/05
Language: en
Date: 2001-10-13 00:00:00
Title: Judgment of the Court of 12 July 2001 in Joined Cases C-302/99 P and C-308/99 P: Commission of the European Communities v Télévision Française 1 SA (TF1) (Appeal — Inoperative plea — Challenge to the grounds of a judgment that has no effect on the operative part of the judgment — Liability for costs)

13.10.2001                EN                       Official Journal of the European Communities                                            C 289/3
for a preliminary ruling in the proceedings pending before that                     difficulties, account must be taken of the good faith of the
court between Paraskevas Louloudakis and Elliniko Dimosio                           offender when determining the penalty actually imposed on
— on the interpretation of Council Directive 83/182/EEC of                          him.
28 March 1983 on tax exemptions within the Community for
certain means of transport temporarily imported into one
Member State from another (OJ 1983 L 105, p. 59) — the                        (1) OJ C 314 of 30.10.1999.
Court (Sixth Chamber), composed of: C. Gulmann (Rappor-
teur), President of the Chamber, V. Skouris, J.-P. Puissochet,
R. Schintgen and F. Macken, Judges; S. Alber, Advocate
General; L. Hewlett, Administrator, for the Registrar, has given
a judgment on 12 July 2001, in which it has ruled:
1.    Article 7(1) of Council Directive 83/182/EEC of 28 March                                   JUDGMENT OF THE COURT
      1983 on tax exemptions within the Community for certain
      means of transport temporarily imported into one Member
      State from another must be interpreted as meaning that, where                                        of 12 July 2001
      a person has both personal and occupational ties in two
      Member States, his normal residence, determined in the context
      of an overall assessment by reference to all the relevant facts, is     in Joined Cases C-302/99 P and C-308/99 P: Commission
      that where the permanent centre of interests of that person is          of the European Communities v Télévision Française 1
      located; in the event that such an overall assessment does not                                         SA (TF1) (1)
      result in its determination, primacy must be given to personal
      ties.
                                                                              (Appeal — Inoperative plea — Challenge to the grounds of
                                                                              a judgment that has no effect on the operative part of the
                                                                                                 judgment — Liability for costs)
2.    National legislation which provides, in the event of infringement
      of the temporary importation arrangements laid down by                                              (2001/C 289/05)
      Directive 83/182, for a series of penalties including, in
      particular:
                                                                                                    (Language of the case: French)
                                                                              (Provisional translation; the definitive translation will be published
      —      fines set at a flat rate on the basis of the sole criterion of                        in the European Court Reports)
             the vehicle’s cubic capacity, without taking its age into
             account,
                                                                              In Joined Cases C-302/99 P and C-308/99 P: Commission
                                                                              of the European Communities (Agents: G. Marenco and
                                                                              K. Wiedner) and French Republic (Agents: K. Rispal-Bellanger
                                                                              and F. Million), supported by Kingdom of Spain (Agent:
      —      increased duty which can amount to up to ten times the           R. Silva de Lapuerta) — appeal against the judgment of the
             taxes in question,                                               Court of First Instance of the European Communities (Third
                                                                              Chamber, Extended Composition) of 3 June 1999 in Case
                                                                              T-17/96 TF1 v Commission [1999] ECR II-1757, seeking to
                                                                              have that judgment partially set aside, the other party to the
                                                                              proceedings being: Télévision Française 1 SA (TF1), established
      is compatible with the principle of proportionality only in so far      in Paris, France, (lawyers: G. Vandersanden, J.-P. Hordies and
      as it is made necessary by overriding requirements of enforcement       A. Maqua), the Court, composed of: G.C. Rodrı́guez Iglesias,
      and prevention, when gravity of the infringement is taken into          President, C. Gulmann, A. La Pergola, M. Wathelet, V. Skouris
      account.                                                                (Presidents of Chambers), D.A.O. Edward, J.-P. Puissochet,
                                                                              P. Jann, L. Sevón (Rapporteur), R. Schintgen, F. Macken,
                                                                              N. Colneric, S. von Bahr, J.N. Cunha Rodrigues and
                                                                              C.W.A. Timmermans, Judges; J. Mischo, Advocate General;
                                                                              D. Louterman-Hubeau, Head of Division, for the Registrar, has
3.    In proceedings concerning infringements relating to temporary           given a judgment on 12 July 2001, in which it:
      importation of certain means of transport, neither Directive
      83/182 nor other rules of Community law prevent its being
                                                                              1.    Dismisses the appeals;
      excluded that ignorance of the applicable rules should lead to
      automatic exoneration from all penalties. None the less, where
      determination of the arrangements applicable has given rise to          2.    Orders the Commission to pay the costs of Case C-302/99 P;
 ---pagebreak--- C 289/4                  EN                     Official Journal of the European Communities                                          13.10.2001
3.    Orders the French Republic to pay the costs of Case C-308/99                          JUDGMENT OF THE COURT
      P;
4.    Orders the Kingdom of Spain to bear its own costs in both                                       of 12 July 2001
      actions.
                                                                           in Case C-189/01 (reference for a preliminary ruling from
(1) OJ C 299 of 16.10.1999.                                                the College van Beroep voor het bedrijfsleven): H. Jippes,
                                                                           Afdeling Groningen van de Nederlandse Vereniging tot
                                                                           Bescherming van Dieren and Afdeling Assen en omstre-
                                                                           ken van de Nederlandse Vereniging tot Bescherming
                                                                           van Dieren v Minister van Landbouw, Natuurbeheer en
                                                                                                         Visserij (1)
                 JUDGMENT OF THE COURT                                     (Agriculture — Control of foot-and-mouth disease — Pro-
                                                                           hibition of vaccination — Principle of proportionality —
                           (Fifth Chamber)                                               Taking animal welfare into account)
                            of 12 July 2001                                                          (2001/C 289/07)
in Case C-365/99: Portuguese Republic v Commission of
                 the European Communities (1)                                                  (Language of the case: Dutch)
(Agriculture — Animal health — Emergency measures to                       (Provisional translation; the definitive translation will be published
combat bovine spongiform encephalopathy — ‘Mad cow’                                           in the European Court Reports)
                                disease)
                           (2001/C 289/06)                                 In Case C-189/01: reference to the Court under Article 234
                                                                           EC from the College van Beroep voor het bedrijfsleven
                                                                           (Netherlands), for a preliminary ruling in the proceedings
                  (Language of the case: Portuguese)                       pending before that court between H. Jippes, Afdeling Gronin-
                                                                           gen van de Nederlandse Vereniging tot Bescherming van
(Provisional translation; the definitive translation will be published     Dieren and Afdeling Assen en omstreken van de Nederlandse
                    in the European Court Reports)                         Vereniging tot Bescherming van Dieren and Minister van
                                                                           Landbouw, Natuurbeheer en Visserij — on the interpretation
                                                                           of the validity of Article 13 of Council Directive 85/511/EEC
In Case C-365/99: Portuguese Republic (Agents: L. Fernandes                of 18 November 1985 introducing Community measures for
and M.J. Abecassis, assisted by C. Aguiar, T. Ferreira de                  the control of foot-and-mouth disease (OJ 1985 L 315, p. 11),
Lima and G. van der Wal) v Commission of the European                      as amended by Council Directive 90/423/EEC of 26 June 1990
Communities — application for annulment of Commission                      (OJ 1990 L 224, p. 13), and of Commission Decision
Decision 99/517/EC of 28 July 1999 amending Decision                       2001/246/EC of 27 March 2001 laying down the conditions
98/653/EC concerning emergency measures made necessary                     for the control and eradication of foot-and-mouth disease in
by the occurrence of bovine spongiform encephalopathy in                   the Netherlands in application of Article 13 of Directive
Portugal (OJ 1999 L 197, p. 45), in so far as it extends until             85/511/EEC (OJ 2001 L 88, p. 21), as amended by Commission
1 February 2000 the restriction on exports prescribed by                   Decision 2001/279/EC of 5 April 2001 (OJ 2001 L 96, p. 19)
Article 4 of Commission Decision 98/653/EC of 18 November                  — the Court, composed of: G.C. Rodrı́guez Iglesias, President,
1998 concerning emergency measures made necessary by the                   C. Gulmann, A. La Pergola, M. Wathelet, V. Skouris (Presidents
occurrence of bovine spongiform encephalopathy in Portugal                 of Chambers), D.A.O. Edward, P. Jann, L Sevón (Rapporteur),
(OJ 1998 L 311, p. 23) — the Court (Fifth Chamber),                        R. Schintgen, F. Macken, N. Colneric, S. von Bahr and
composed of: A. La Pergola, President of the Chamber,                      J.N. Cunha Rodrigues, Judges; J. Mischo, Advocate General;
M. Wathelet, D.A.O. Edward, L. Sevón (Rapporteur) and S. von              H.A. Rühl, Principal Administrator, for the Registrar, has given
Bahr, Judges; J. Mischo, Advocate General; H.A. Rühl, Principal            a judgment on 12 July 2001, in which it has ruled:
Administrator, for the Registrar, has given a judgment on
12 July 2001, in which it:
                                                                           1.    Consideration of the first question has not disclosed any factor
1.    Dismisses the action;                                                      of such a kind as to affect the validity of Article 13 of Council
                                                                                 Directive 85/511/EEC of 18 November 1985 introducing
2.    Orders the Portuguese Republic to bear its own costs.                      Community measures for the control of foot-and-mouth disease,
                                                                                 as amended by Council Directive 90/423/EEC of 26 June
                                                                                 1990.
(1) OJ C 366 of 18.12.1999.
                                                                           2.    Consideration of the second question has not disclosed any
                                                                                 factor of such a kind as to affect the validity of Commission