CELEX: C1999/020/20
Language: en
Date: 1999-01-23 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 3 December 1998 in Case C-233/97 (reference for a preliminary ruling from the Uudenmaan Lääninoikeus (Finland)): Proceedings brought by KappAhl Oy (Free movement of goods - Products in free circulation - Act of Accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden - Derogations - Article 99)

23.1.1999             EN                  Official Journal of the European Communities                                      C 20/13
of: J.-P. Puissochet, President of the Chamber, J. C.                of new Member States to the European Union (OJ L 1,
Moitinho de Almeida, C. Gulmann, L. Sevón (Rapporteur)               1.1.1995, p. 1) Ð the Court (First Chamber), composed
and M. Wathelet, Judges; N. Fennelly, Advocate-General;              of: D. A. O. Edward (Rapporteur), acting as President of
H. von Holstein, Registrar, has given a judgment on                  the Chamber, L. Sevón and M. Wathelet, Judges; G.
3 December 1998 in which it has ruled:                               Cosmas, Advocate-General; H. von Holstein, Deputy
                                                                     Registrar, has given a judgment on 3 December 1998 in
                                                                     which it has ruled:
1. A national legislative measure prohibiting the keeping
     on an island such as Lñsù of any species of bee other
     than the subspecies Apis mellifera mellifera (Lñsù              Article 99 of the Act concerning the conditions of
     brown bee) constitutes a measure having an effect               accession of the Republic of Austria, the Republic of
     equivalent to a quantitative restriction within the             Finland and the Kingdom of Sweden and the adjustments
     meaning of Article 30 of the EC Treaty.                         to the Treaties on which the European Union is founded,
                                                                     as amended by Council Decision 95/1/EC, Euratom,
                                                                     ECSC of 1 January 1995 adjusting the instruments
2. A national legislative measure prohibiting the keeping            concerning the accession of new Member States to the
     on an island such as Lñsù of any species of bee other           European Union, is to be interpreted as not having
     than the subspecies Apis mellifera mellifera (Lñsù              permitted the Republic of Finland to levy, for a period of
     brown bee) must be regarded as justified, under                 three years from its accession to the Community on
     Article 36 of the Treaty, on the ground of the                  1 January 1995, customs duties on imports of products
     protection of the health and life of animals.                   which had already been released into free circulation in
                                                                     another Member State.
(1) OJ C 108, 5.4.1997.
                                                                     (1) OJ C 252, 16.8.1997.
               JUDGMENT OF THE COURT
                        (First Chamber)                                            JUDGMENT OF THE COURT
                     of 3 December 1998                                                     (First Chamber)
in Case C-233/97 (reference for a preliminary ruling from                                 of 3 December 1998
the Uudenmaan Lääninoikeus (Finland)): Proceedings                   in Case C-247/97 (reference for a preliminary ruling from
                  brought by KappAhl Oy (1)                          the Cour de Cassation): Marcel Schoonbroodt, Marc
(Free movement of goods Ð Products in free circulation               Schoonbroodt, Transports A. M. Schoonbroodt SPRL v.
Ð Act of Accession of the Republic of Austria, the                                           Belgian State (1)
Republic of Finland and the Kingdom of Sweden Ð                      (Article 177 of the EC Treaty Ð Jurisdiction of the Court
                  Derogations Ð Article 99)                          Ð National legislation reproducing Community provisions
                        (1999/C 20/20)                               Ð Relief from customs duties Ð Fuel on board motorised
                                                                            road vehicles Ð Definition of standard tanks')
                                                                                             (1999/C 20/21)
                (Language of the case: Finnish)
                                                                                    (Language of the case: French)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-233/97: reference to the Court under Article 177                    published in the European Court Reports)
of the EC Treaty by the Uudenmaan Lääninoikeus
(Finland) for a preliminary ruling in the proceedings
brought before that court by KappAhl Oy Ð on the                     In Case C-247/97, reference to the Court under Article 177
interpretation of Article 99 of the Act concerning the               of the EC Treaty by the Cour de Cassation (Belgium) for a
conditions of accession of the Republic of Austria, the              preliminary ruling in the proceedings pending before that
Republic of Finland and the Kingdom of Sweden and the                court between Marcel Schoonbroodt, Marc Schoonbroodt,
adjustments to the Treaties on which the European Union              Transports A. M. Schoonbroodt SPRL and Belgian State
is founded (OJ C 241, 29.8.1994, p. 21), as amended by               Ð on the interpretation of Article 112 of Council
Council Decision 95/1/EC, Euratom, ECSC of 1 January                 Regulation (EEC) No 918/83 of 28 March 1983 setting up
1995 adjusting the instruments concerning the accession              a Community system of reliefs from customs duty (OJ