CELEX: C1997/108/14
Language: en
Date: 1997-04-05 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 27 February 1997 in Case C-220/95 (reference for a preliminary ruling from the Arrondissementsrechtbank te Amsterdam): Antonius van den Boogaard v. Paula Laumen (Brussels Convention - Interpretation of Article 1, second paragraph - Definition of rights in property arising out of a matrimonial relationship - Definition of matters relating to maintenance)

No C 108/8             EN                   Official Journal of the European Communities                                      5 . 4. 97
     of the Member States relating to restrictions on the                   prohibits not only the actual entry of commercial
     marketing and use of certain dangerous substances and                  traffic into the territorial sea of the Federal Republic
     preparations (asbestos), the Kingdom of Belgium has                    of Yugoslavia but also conduct occurring in
     failed to fulfil its obligations under Article 2 (1 ) of               international waters which gives good reason to
     Directive 91 /659/EEC;                                                 believe that the vessel concerned is on course for that
                                                                            territorial sea for the purposes of commercial traffic.
2 . orders the Kingdom of Belgium to pay the costs.
                                                                       2 . A domestic provision which, in the event of an
0 ) OJ No C 180, 22 . 6 . 1996 .
                                                                            ascertained breach of any of the prohibitions laid
                                                                            down in Article 1 of the Regulation, prescribes
                                                                            confiscation of the cargo carried by one of the means
                                                                            of transport indicated in the second paragraph of
                                                                            Article 10 of the Regulation is compatible with the
                                                                            Regulation, in particular with Article 1 0 thereof.
               JUDGMENT OF THE COURT                                   (') OJ No C 208 , 12 . 8 . 1995 .
                     of 27 February 1997
in Case C-177/95 (reference for a preliminary ruling made
by the Consiglio di Stato): Ebony Maritime SA and Loten
Navigation Co. Ltd v. Prefetto della Provincia di Brindisi
                          and Others ( 1 )
                                                                                      JUDGMENT OF THE COURT
(Sanctions against the Federal Republic of Yugoslavia —
Conduct in international waters — Confiscation of a                                              (Fifth Chamber)
                      vessel and its cargo)                                                  of 27 February 1997
                          ( 97/C 108/13 )                              in Case C-220/95 (reference for a preliminary ruling from
                                                                       the Arrondissementsrechtbank te Amsterdam ): Antonius
                (Language of the case: Italian)                                    van den Boogaard v. Paula Laumen (*)
                                                                       (Brussels Convention — Interpretation of Article 1, second
                                                                       paragraph — Definition of rights in property arising out
 (Provisional translation; the definitive translation will be          of a matrimonial relationship — Definition of matters
          published in the European Court Reports)                                         relating to maintenance)
                                                                                                  ( 97/C 108/14)
In Case C- 177/95 : reference to the Court under Article 177
of the EC Treaty by the Consiglio di Stato ( Italy ) for a
                                                                                        (Language of the case: Dutch)
preliminary ruling in the proceedings pending before that
court between Ebony Maritime SA and Loten Navigation
Co. Ltd, and Prefetto della Provincia di Brindisi and                    (Provisional translation; the definitive translation will be
Others — on the interpretation of Article 1 ( 1 ) (c) and (d )                   published in the European Court Reports)
and Article 10 of Council Regulation ( EEC) No 990/93 of
26 April 1993 concerning trade between the European                    In Case C-220/95 : reference to the Court under the
Economic Community and the Federal Republic of
Yugoslavia ( Serbia and Montenegro) ( OJ No L 102, 28 . 4 .
                                                                       Protocol of 3 June 1971 , on the interpretation by the
1993 , p. 14 ) and of Article 1 ( c ) and ( d ) and Article 10 of      Court of Justice of the Convention of 27 September 1968
Decision 93/235/ECSC of the representatives of the                     on Jurisdiction and the Enforcement of Judgments in Civil
Governments of the Member States meeting within the                    and Commercial Matters, by the Arondissementsrechtbank
                                                                       te Amsterdam (District Court, Amsterdam) for a
Council, of 26 April 1993 , concerning trade between the
                                                                       preliminary ruling in the proceedings pending before that
European Coal and Steel Community and the Federal
Republic of Yugoslavia ( Serbia and Montenegro ) ( OJ No               court between Antonius van den Boogaard and Paula
L 102, 28 . 4. 1993 , p. 17) — the Court, composed of:                 Laumen — on the interpretation of the second paragraph
                                                                       of   Article   1   of the      aforementioned  Convention     of
G. C. Rodriguez Iglesias, Presidents, G. F. Mancini, J. L.
Murray and L. Sevon (Presidents of Chambers ), C. N.                   27 September 1968 , as amended by the Convention of
                                                                       9 October 1978 on the accession of the Kingdom of
Kakouris, P. J. G. Kapteyn (Rapporteur), C. Gulmann,
                                                                       Denmark, Ireland and the United Kingdom of Great
D. A. O. Edward, J.-P. Puissochet, H. Ragnemalm and M.
                                                                       Britain and Northern Ireland ( OJ No L 304 , 30. 10. 1978 ,
Wathelet, Judges; F. G. Jacobs, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a                 p. 77) and by the Convention of 25 October 1982 on the
judgment on 27 February 1997, the operative part of                    accession of the Hellenic Republic ( OJ No L 388, 31 . 12 .
which is as follows :                                                   1982 , p. 1 ) — the Court ( Fifth Chamber), composed of:
                                                                       J. C. Moitinho de Almeida, President of the Chamber, C.
                                                                       Gulmann, D. A. O. Edward, J. -P. Puissochet and P. Jann
1 . Article 1 (1 ) (c) and (d) of Council Regulation (EEC)             ( Rapporteur), Judges; F. G. Jacobs, Advocate-General; H.
     No 990/93 of 26 April 1993 concerning trade between               von Holstein, Deputy Registrar, for the Registrar, has
     the European Economic Community and the Federal                   given a judgment on 27 February 1997, in which it has
     Republic of Yugoslavia (Serbia and Montenegro)                    ruled :
 ---pagebreak--- 5 . 4 . 97          FENI                    Official Journal of the European Communities                                     No C 108/9
A decision rendered in divorce proceedings ordering                    Article 9 of the Sixth Council Directive 77/388/EEC of
payment of a lump sum and transfer of ownership in                     17 May 1977 on the harmonization of the laws of the
certain property by one party to his or her former spouse              Member States relating to turnover taxes — Common
must be regarded as relating to maintenance and therefore              system of value added tax: uniform basis of assessment
as falling within the scope of the Convention of                       must be interpreted as meaning that the place where the
27 September 1968 on Jurisdiction and the Enforcement                  services principally and habitually carried out by a
of Judgments in Civil and Commercial Matters, as                       veterinary surgeon should be deemed to be supplied is the
amended by the Convention of 9 October 1978 on the                     place where the supplier has established his business or
accession of the Kingdom of Denmark, Ireland and the                   has a fixed establishment from which the services are
United Kingdom of Great Britain and Northern Ireland                   supplied or, in the absence of such a place of business or
and by the Convention of 25 October 1982 on the                        fixed establishment, the place where he has his permanent
accession of the Hellenic Republic, if its purpose is to               address or usually resides.
ensure the former spouse 's maintenance. The fact that in
its decision the court of origin disregarded a marriage                ( l ) OJ No C 208 , 12 . 8 . 1995 .
contract is of no account in this regard.
(') OJ No C 208, 12 . 8 . 1995 .
                                                                       Action brought on 4 February 1997 by the Federal
                                                                       Republic of Germany against the Commission of the
                                                                                            European Communities
                                                                                                    ( Case C-44/97)
               JUDGMENT OF THE COURT
                                                                                                      ( 97/C 108/ 16
                         ( Sixth Chamber)
                        of 6 March 1997                                An action against the Commission of the European
                                                                       Communities was brought before the Court of Justice of
in Case C-167/95 (reference for a preliminary ruling from              the European Communities on 4 February 1997 by the
the Gerechtshof te 's-Hertogenbosch): Maatschap M. J. M.
                                                                       Federal Republic of Germany, represented by Ernst Roder
Linthorst, K. G. P. Pouwels and J. Scheres c.s. v. Inspecteur
                                                                       and Bernd Kloke, of the Federal Economics Ministry.
       der Belastingdienst/Ondernemingen Roermond ( ')
 (Sixth VAT Directive — Article 9 — Supply of veterinary               The applicant claims that the Court should:
                                services)
                            ( 97IC 108/15 )                            — annul          Commission            Decision   96/70 1 /EC    of
                                                                              20 November 1996 (*) amending Decision 96/311/
                                                                              EC (2 ) on the clearance of the accounts presented by
                 (Language of the case: Dutch)                                the Member States in respect of the expenditure for
                                                                              1992 of the Guarantee Section of the European
                                                                              Agricultural Guidance and Guarantee Fund (EAGGF )
                                                                              and in respect of certain expenditure for 1993 in so
   (Provisional translation; the definitive translation will be               far as the sum of DM 19 591 000 for the 'public
           published in the European Court Reports)                           storage of beef' is imposed on the Federal Republic of
                                                                              Germany by Article 2 thereof, rather than assumed by
                                                                              the EAGGF,
 In Case C-167/95 : reference to the Court under Article 177
 of the EC Treaty from the Gerechtshof (Regional Court of               — order the Commission to pay the costs .
 Appeal ), ' s-Hertogenbosch, for a preliminary ruling in the
 proceedings pending before that court between Maatschap                 Pleas in law and main arguments adduced in support:
 M. J. M. Linthorst, K. G. P. Pouwels and J. Scheres c.s. v.
 Inspecteur der Belastingdienst/Ondernemingen Roermond
 — on the interpretation of Article 9 of the Sixth Council               The Commission objected that, in the buying-in, storage
 Directive 77/388/EEC of 17 May 1977 on the                              and sale of intervention beef, the German authorities did
  harmonization of the laws of the Member States relating                not carry out suitable and adequate inspections, and that,
  to turnover taxes — Common system of value added tax:                  in particular, no documentary evidence was provided that
  uniform basis of assessment ( OJ No L 145, 13 . 6 . 1977,              all prescribed entry inspections were carried out by
  p. 1 ) — the Court ( Sixth Chamber ), composed of: G. F.                officials  of the     Bundesanstalt fur      Landwirtschaftliche
  Mancini, President of the Chamber, J. L. Murray, C. N.                  Marktordnung (Federal Office for the Organization of
  Kakouris ( Rapporteur ), P. J. G. Kapteyn and G. Hirsch,                Agricultural Markets). It also complained that inventory
  Judges; N. Fennelly, Advocate-General, L. Hewlett,                      controls were not carried out in accordance with Articles 3
  Administrator, for the Registrar, gave a judgment on                    and 4 of Regulation (EEC) No 618/90 . However, the
  6 March 1997, the operative part of which is as follows :               Commission was unable sufficiently to demonstrate, either