CELEX: C1999/204/35
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 3 June 1999 in Case C-33/97 (reference for a preliminary ruling from the Rechtbank van Koophandel te Hasselt): Colim NV v Bigg's Continent Noord NV (Approximation of laws - Procedure for the provision of information in the field of technical standards and regulations - Directive 83/189/EEC - Labelling and presentation of products - Consumer protection - Language)

C 204/18                 EN                     Official Journal of the European Communities                                            17.7.1999
3. In Member States with a federal structure, reparation for damage        2. The direct effect of a directive, where the deadline for its
     caused to individuals by national measures taken in breach of              transposition into national law has expired, is not affected by the
     Community law need not necessarily be provided by the federal              notification made by a Member State pursuant to Article
     State in order for the obligations of the Member State concerned           100a(4) of the EC Treaty (now, after amendment Article 95(4)
     under Community law to be fulfilled.                                       to (9) EC) seeking confirmation of provisions of national law
                                                                                derogating from the directive, even where the Commission fails
                                                                                to respond to that notification.
(1) OJ C 318 of 18.10.1997.
                                                                           (1) OJ C 318 of 18.10.1997.
                                                                                              JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT
                                                                                                       (Fifth Chamber)
                            of 1 June 1999                                                              of 3 June 1999
                                                                           in Case C-33/97 (reference for a preliminary ruling from
in Case C-319/97 (reference for a preliminary ruling from                  the Rechtbank van Koophandel te Hasselt): Colim NV v
the Landskrona Tingsrätt): Criminal proceedings against                                      Bigg’s Continent Noord NV (1)
                          Antoine Kortas (1)
                                                                           (Approximation of laws — Procedure for the provision of
(Article 100a(4) of the EC Treaty (now, after amendment,                   information in the field of technical standards and regu-
Article 95(4) to (9) EC) — Directive 94/36/EC on colours                   lations — Directive 83/189/EEC — Labelling and presen-
for use in foodstuffs — Notification of national legislation                  tation of products — Consumer protection — Language)
derogating therefrom — No confirmation from the Com-
                          mission — Effect)                                                            (1999/C 204/35)
                           (1999/C 204/34)                                                       (Language of the case: Dutch)
                                                                           (Provisional translation; the definitive translation will be published
                    (Language of the case: Swedish)                                             in the European Court Reports)
                                                                           In Case C-33/97, Reference to the Court under Article 234 EC
                                                                           (ex Article 177) by the Rechtbank van Koophandel (Commer-
(Provisional translation; the definitive translation will be published     cial Court), Hasselt, Belgium, for a preliminary ruling in the
                    in the European Court Reports)                         proceedings pending before that court between Colim NV and
                                                                           Bigg’s Continent Noord NV — on the interpretation of Council
                                                                           Directive 83/189/EEC of 28 March 1983 laying down a
In Case C-319/97: reference to the Court under Article 234                 procedure for the provision of information in the field of
EC (ex Article 177) by the Landskrona Tingsrätt, Sweden, for               technical standards and regulations (OJ 1983 L 109, p. 8), as
a preliminary ruling in the criminal proceedings pending before            amended by Council Directive 88/182/EEC of 22 March 1988
that court against Antoine Kortas — on the interpretation of               (OJ 1988 L 81, p. 75), and of the principles applicable to
Article 100a(4) of the EC Treaty (now, after amendment,                    product labelling — the Court (Fifth Chamber), composed of:
Article 95(4) to (9) EC) and European Parliament and Council               J.-P. Puissochet, President of the Chamber, J.C. Moitinho de
Directive 94/36/EC of 30 June 1994 on colours for use in                   Almeida, C. Gulmann, D.A.O. Edward (Rapporteur) and
foodstuffs (OJ 1994 L 237, p. 13) — the Court, composed of                 L. Sevón, Judges; G. Cosmas, Advocate General; L. Hewlett,
G.C. Rodrı́guez Iglesias, President, P.J.G. Kapteyn, G. Hirsch             Administrator, for the Registrar, has given a judgment on
and P. Jann (Rapporteur), (Presidents of Chambers), G.F. Manci-            3 June 1999, in which it held:
ni, J.C. Moitinho de Almeida, D.A.O. Edward, H. Ragnemalm
and M. Wathelet; Judges; A. Saggio, Advocate General; H. von
                                                                           1. The obligation to give mandatory labelling particulars, instruc-
Holstein, Deputy Registrar, for the Registrar, has given a
                                                                                tions for use and guarantee certificates for products at least in the
judgment on 1 June 1999, in which it has ruled:
                                                                                language or languages of the area in which those products are
                                                                                placed on the market does not constitute a ‘technical regulation’
1. A directive can have direct effect even though its legal basis is            within the meaning of Council Directive 83/189/EEC of 28
     Article 100a of the EC Treaty (now, after amendment, Article               March 1983 laying down a procedure for the provision of
     95 EC) and Article 100a(4) allows Member States to request a               information in the field of technical standards and regulations,
     derogation from the implementation of that directive.                      as amended by Council Directive 88/182/EEC of March 1988.
 ---pagebreak--- 17.7.1999               EN                      Official Journal of the European Communities                                            C 204/19
2. In the absence of full harmonisation of language requirements           The decision by a person employed in a consular post to opt, in
    applicable to information appearing on imported products, the          accordance with Article 16(2), first sentence, of Council Regulation
    Member States may adopt national measures requiring such               (EEC) No 1408/71 of 14 June 1971 on the application of social
    information to be given in the language of the area in which the       security schemes to employed persons, to self-employed persons and
    products are sold or in another language which may be readily          to members of their families moving within the Community, as
    understood by consumers in that area, provided that those              amended and updated by Council Regulation (EC) No 118/97 of 2
    national measures apply without distinction to all national and        December 1996, to be subject to the social security legislation of the
    imported products and are proportionate to the objective of            sending Member State of which he is a national does not have the
    consumer protection which they pursue. They must, in particular,       effect that his spouse may no longer claim a social security advantage
    be restricted to information which the Member State makes              which, irrespective of the social cover of her spouse, is guaranteed to
    mandatory and which cannot be appropriately conveyed to                her by the legislation of the Member State in which she resides.
    consumers by means other than translation.
                                                                           (1) OJ C 228 of 26.7.1997.
(1) OJ C 94 of 22.3.1997.
                                                                                             JUDGMENT OF THE COURT
                 JUDGMENT OF THE COURT
                                                                                                    (Fourth Chamber)
                          (Fifth Chamber)
                                                                                                       of 3 June 1999
                           of 3 June 1999
                                                                           in Case C-417/97: Commission of the European Communi-
in Case C-211/97 (reference for a preliminary ruling from                               ties v Grand Duchy of Luxembourg (1)
the Landessozialgericht Niedersachsen): Paula Gómez
             Rivero v Bundesanstalt für Arbeit (1)
                                                                           (Failure of a Member State to fulfil its obligations —
                                                                           Transferable securities — Investment services — Directive
(Social security — Article 16(2), first sentence, of Regulation
                                                                                         93/22/EEC — Partial implementation)
      (EEC) No 1408/71 — Right of option — Effects)
                          (1999/C 204/36)                                                             (1999/C 204/37)
                   (Language of the case: German)                                               (Language of the case: French)
(Provisional translation; the definitive translation will be published     (Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                              in the European Court Reports)
In Case C-211/97: reference to the Court under Article 234                 In Case C-417/97, Commission of the European Communities
EC (ex Article 177) by the Landessozialgericht Niedersachsen               (Agent: Christina Tufvesson) v Grand Duchy of Luxembourg
(Higher Social Court, Lower Saxony) (Germany) for a prelimi-               (Agent: Nicolas Schmit) — application for a declaration that,
nary ruling in the proceedings pending before that court                   by failing to bring into force within the prescribed period all
between Paula Gómez Rivero and Bundesanstalt für Arbeit,                  the laws, regulations and administrative provisions, including
joined party: Federal Republic of Germany — on the interpret-              any relevant sanctions, necessary for it to comply with Council
ation of Article 16(2), first sentence, of Council Regulation              Directive 93/22/EEC of 10 May 1993 on investment services
(EEC) No 1408/71 of 14 June 1971 on the application of                     in the securities field (OJ 1993 L 141, p. 27), the Grand Duchy
social security schemes to employed persons, to self-employed              of Luxembourg has failed to fulfil its obligations under Article
persons and to members of their families moving within the                 31 of that directive — the Court (Fourth Chamber), composed
Community, as amended and updated by Council Regulation                    of: P.J.G. Kapteyn, President of the Chamber, J.L. Murray
(EC) No 118/97 of 2 December 1996 (OJ 1997 L 28, p. 1) —                   (Rapporteur) and H. Ragnemalm, Judges; A. Saggio, Advocate
the Court (Fifth Chamber), composed of: P. Jann, President of              General; R. Grass, Registrar, has given a judgment on 3 June
the First Chamber, acting as President of the Fifth Chamber,               1999, in which it:
C. Gulmann, D.A.O. Edward (Rapporteur), L. Sevón and
M. Wathelet, Judges; F.G. Jacobs, Advocate General; R. Grass,              1. Declared that, by failing to bring into force within the prescribed
Registrar, has given a judgment on 3 June 1999, in which it                     period all the laws, regulations and administrative provisions,
held that:                                                                      including any relevant sanctions, necessary for it to comply with