CELEX: C1998/278/35
Language: en
Date: 1998-09-05 00:00:00
Title: References for preliminary rulings by Juzgado de Primera Instancia No 35, Barcelona, by orders of that court of 31 March 1998 (first two cases) and of 1 April 1998 in the cases of Océano Grupo Editorial SA and Others and R. Murciano Quintero and Others (Joined Cases C-240/98 to C-244/98)

5.9.98                 EN               Official Journal of the European Communities                                  C 278/21
communication of transposition measures. The Directives            8 July 1998 by the Commission of the European
should have been transposed by no later than 1 July 1994.          Communities, represented by Maria Patakia and Bernard
                                                                   Mongin, of its Legal Service, acting as Agents, with an
                                                                   address for service in Luxembourg at the office of Carlos
(1 ) OJ L 228, 11.2.1992, p. 1.
                                                                   Gómez de la Cruz, Wagner Centre, Kirchberg.
(2 ) OJ L 360, 9.12.1992, p. 1.
(3 ) OJ L 228, 16.8.1973, p. 3.
(4 ) OJ L 63, 13.3.1979, p. 1.
                                                                   The Commission of the European Communities claims
                                                                   that the Court should:
                                                                   Ð declare that, by prohibiting the issue by banks
                                                                       established outside France of certificates of deposit
References for preliminary rulings by Juzgado de Primera               and issues of Euro-bonds in French francs for an
Instancia No 35, Barcelona, by orders of that court of                 initial term of less than one year, as well as issues of
31 March 1998 (first two cases) and of 1 April 1998 in                 national bonds for an initial term of less than three
the cases of OceÂano Grupo Editorial SA and Others and                 months, the French Republic has failed to fulfil its
               R. Murciano Quintero and Others                         obligations under Article 73b of the EC Treaty,
             (Joined Cases C-240/98 to C-244/98)                       Article 59 of the EC Treaty and Council Directive 89/
                                                                       646/EEC (1),
                          (98/C 278/35)
                                                                   Ð order the French Republic to pay the costs.
Reference has been made to the Court of Justice of the
European Communities by orders of Juzgado de Primera
Instancia (Court of First Instance) No 35, Barcelona, of
                                                                   Pleas in law and main arguments adduced in support:
31 March 1998 (in the first two cases) and 1 April 1998,
which were received at the Court Registry on 8 July 1998,
for a preliminary ruling in the cases of OceÂano Grupo
Editorial SA and Others and R. Murciano Quintero (Case             Ð Infringement of Article 73b of the EC Treaty: the
C-240/98), Salvat Editores SA and J. M. SaÂnchez Alcón                 rules governing the Euro-franc market, adopted on
Prades (C-241/98), Salvat Editores SA and J. L. Copano                 19 November 1996 by the Issues Board, continue to
Badillo (C-242/98), Salvat Editores SA and M. Berroane                 provide that the term for which securities are issued in
(C-243/98), and Salvat Editores SA and E. VinÄas Feliu                 the context of an issue on the Euro-franc market may
(C-244/98), on the following question:                                 not be less than one year. The rule prohibiting banks
                                                                       established outside France from issuing certificates of
                                                                       deposit and short-term securities in francs constitutes a
Whether the scope of the consumer protection provided by               restriction on the free movement of capital, contrary
Council Directive 93/13/EEC (1) on unfair terms in                     to Article 73b of the EC Treaty,
consumer contracts is such that the national court may
consider of its own motion whether a term is unfair when
making its preliminary assessment as to whether leave              Ð Infringement of Article 59 and of Directive 89/646/
should be granted for a claim to proceed before the                    EEC: since the issue by banks of certificates of deposit
ordinary courts.                                                       or of bonds constitutes a service within the meaning of
                                                                       Article 60 of the EC Treaty, Article 59 precludes the
(1) OJ L 95, 21.4.1993, p. 29.                                         application of national rules of any kind which, in the
                                                                       absence of any objective justification, restrict the
                                                                       possible exercise by a supplier of services of his
                                                                       freedom to provide such a service. By prohibiting
                                                                       banks which are not established in France from issuing
                                                                       securities in the same way as domestic banks, which
                                                                       may freely do so, the measures complained of also
                                                                       constitute restrictions on freedom to provide banking
Action brought on 8 July 1998 by the Commission of the                 services, contrary to Article 59 of the EC Treaty and
     European Communities against the French Republic                  Article 18(1) of Directive 89/646/EEC, which confers
                                                                       on all banks within the Community freedom to
                        (Case C-245/98)
                                                                       provide cross-border banking services.
                          (98/C 278/36)
                                                                   (1) OJ L 386, 30.12.1989, p. 1.
An action against the French Republic was brought before
the Court of Justice of the European Communities on