CELEX: C1998/137/06
Language: en
Date: 1998-05-02 00:00:00
Title: JUDGMENT OF THE COURT of 10 March 1998 in Joined Cases C-364/95 and C-365/95 (references for a preliminary ruling from the Finanzgericht Hamburg): T. Port GmbH & Co. v. Hauptzollamt Hamburg-Jonas (Bananas - Common organisation of the market - Import regime - Framework Agreement on bananas - GATT - Article 234 of the EC Treaty)

2.5.98                 EN                     Official Journal of the European Communities                                      C 137/3
(Rapporteur), President of the Chamber, R. Schintgen,                    the Court (Fifth Chamber), composed of: C. Gulmann,
G. F. Mancini, P. J. G. Kapteyn and G. Hirsch, Judges; G.                President of the Chamber, M. Wathelet, J. C. Moitinho de
Tesauro, Advocate-General; L. Hewlett, Administrator, for                Almeida (Rapporteur), D.A.O. Edward and J.-P.
the Registrar, has given a judgment on 5 March 1998, in                  Puissochet, Judges; A. La Pergola, Advocate-General; R.
which it has ruled:                                                      Grass, Registrar, has given a judgment on 5 March 1998,
                                                                         in which it:
1. properly construed, Article 10 of Council Directive 69/
     335/EEC of 17 July 1969 concerning indirect taxes on                1. declares that, by failing to adopt within the prescribed
     the raising of capital, as amended by Directive 85/303/                  time limit the laws, regulations and administrative
     EEC, precludes the levying of 0,5 % duty on the                          provisions necessary to comply with Council Directive
     notarial deed recording the contribution of part of the                  93/89/EEC of 25 October 1993 on the application by
     share capital paid up after the formation of a capital                   Member States of taxes on certain vehicles used for
     company, where duty of 1 % has already been charged                      the carriage of goods by road and tolls and charges for
     on the whole of the nominal value of the share capital.                  the use of certain infrastructures, the French Republic
                                                                              has failed to fulfil its obligations within the meaning
                                                                              of the first subparagraph of Article 13(1) of that
2. Article 10 of Directive 69/335/EEC, as amended, gives                      Directive;
     rise to rights on which individuals may rely before
     national courts. Those courts are obliged to leave                  2. orders the French Republic to pay the costs.
     unapplied provisions of national law incompatible
     therewith.
                                                                         (1) OJ C 199, 28.6.1997.
                                                                         (2) OJ L 279, 12.11.1993, p. 32.
(1) OJ C 370, 7.12.1996.
(2) OJ, English Special Edition 1969 (II), p. 412.
(3) OJ L 156, 15.6.1985, p. 23.
                                                                                        JUDGMENT OF THE COURT
                                                                                               of 10 March 1998
                JUDGMENT OF THE COURT                                    in Joined Cases C-364/95 and C-365/95 (references for
                                                                         a preliminary ruling from the Finanzgericht Hamburg):
                         (Fifth Chamber)                                  T. Port GmbH & Co. v. Hauptzollamt Hamburg-Jonas (1)
                        of 5 March 1998                                  (Bananas Ð Common organisation of the market Ð
in    Case    C-175/97: Commission of the European                       Import regime Ð Framework Agreement on bananas Ð
              Communities v. French Republic (1)                                    GATT Ð Article 234 of the EC Treaty)
(Directive 93/89/EEC on the application by Member                                                 (98/C 137/06)
States of taxes on certain vehicles used for the carriage of
goods by road and tolls and charges for the use of certain                              (Language of the case: German)
             infrastructures Ð Non-transposition)
                          (98/C 137/05)                                    (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
                 (Language of the case: French)
                                                                         In Joined Cases C-364/95 and C-365/95: references to the
                                                                         Court pursuant to Article 177 of the EC Treaty from the
  (Provisional translation; the definitive translation will be           Finanzgericht (Finance Court), Hamburg, Germany, for a
          published in the European Court Reports)                       preliminary ruling in the proceedings pending before that
                                                                         court between T. Port GmbH & Co. and Hauptzollamt
                                                                         Hamburg-Jonas Ð on the interpretation of Article 234 of
In Case C-175/97: Commission of the European                             the EC Treaty, on the validity of Commission Regulation
Communities (Agents: Michel Nolin and Laura Pignataro)                   (EC) No 478/95 of 1 March 1995 on additional rules for
v. French Republic (Agents: Kareen Rispal-Bellanger and                  the application of Council Regulation (EEC) No 404/93 as
Gautier Mignot) Ð application for a declaration that, by                 regards the tariff quota arrangements for imports of
failing to adopt, or in any event failing to notify, within              bananas into the Community and amending Regulation
the prescribed time limit, the laws, regulations and                     (EEC) No 1442/93 (2) and on the direct effect of the
administrative provisions necessary to comply with                       provisions of the General Agreement on Tariffs and Trade
Council Directive 93/89/EEC of 25 October 1993 on the                    (GATT) Ð the Court, composed of: G. C. Rodríguez
application by Member States of taxes on certain vehicles                Iglesias, President, C. Gulmann, M. Wathelet, R.
used for the carriage of goods by road and tolls and                     Schintgen (Rapporteur), (Presidents of Chambers), G. F.
charges for the use of certain infrastructures (2), the                  Mancini, P. J. G. Kapteyn, J. L. Murray, D. A. O. Edward,
French Republic has failed to fulfil its obligations within              J.-P. Puissochet, G. Hirsch and P. Jann, Judges; M. B.
the meaning of the EC Treaty and under that Directive Ð                  Elmer, Advocate-General; H.A. Rühl, Principal Admini-
 ---pagebreak--- C 137/4               EN                  Official Journal of the European Communities                                       2.5.98
strator, for the Registrar, has given a judgment on                  composed of: C. Gulmann, President of the Chamber, M.
10 March 1998, in which it has ruled:                                Wathelet, D. A. O. Edward (Rapporteur), P. Jann and L.
                                                                     Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate-
1. the first paragraph of Article 234 of the EC Treaty               General; H. von Holstein, Deputy Registrar, for the
     must be interpreted as not applying to cases involving          Registrar, has given a judgment on 12 March 1998, in
     imports of bananas from a third country which is not            which it:
     a party to an international agreement concluded by
     Member States before the entry into force of the                1. declares that by excluding, by regulation or
     Treaty.                                                              administrative practice, the taking into account of
                                                                          previous employment in the public service of another
2. Commission Regulation (EC) No 478/95 of 1 March                        Member State for the purposes of granting to an
     1995 on additional rules for the application of Council              employee in Greek public service a seniority increment
     Regulation (EEC) No 404/93 as regards the tariff                     and of grading him on the salary scale, on the sole
     quota arrangements for imports of bananas into the                   ground that the previous employment was not
     Community and amending Regulation (EEC) No 1442/                     performed in Greek public service, the Hellenic
     93 is invalid to the extent to which Article 3(2) thereof            Republic is in breach of its obligations under
     imposes only on category A and C operators the                       Community law, in particular within the meaning of
     obligation to obtain export licences for bananas from                Article 48 of the EC Treaty and Article 7(1) of
     Colombia, Costa Rica or Nicaragua.                                   Council Regulation (EEC) No 1612/68 of 15 October
                                                                          1968 on freedom of movement for workers within the
                                                                          Community;
(1) OJ C 16, 20.1.1996.
(2) OJ L 49, 4.3.1995, p. 13.
                                                                     2. orders the Hellenic Republic to pay the costs.
                                                                     (1) OJ C 210, 20.7.1996.
                                                                     (2) OJ, English Special Edition 1968 (II), p. 475.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)
                       of 12 March 1998
      in Case C-187/96: Commission of the European                                  JUDGMENT OF THE COURT
             Communities v. Hellenic Republic (1)                                            (Fourth Chamber)
(Failure of a Member State to fulfil its obligations Ð                                      of 12 March 1998
Freedom of movement for workers Ð Article 48 of the EC
                                                                     in Case C-270/96 (reference for a preliminary ruling from
Treaty Ð Article 7 of Regulation (EEC) No 1612/68 Ð
                                                                     the Tribunal Administratif, Paris): Laboratoires Sarget SA
Person working in the public service of a Member State Ð
                                                                     v. Fonds d'intervention et de reÂgularisation du marcheÂ du
Mutual recognition of periods of employment in the
                                                                                               sucre (FIRS) (1)
           public service of another Member State)
                                                                     (Refund for use of sugar in the manufacture of certain
                         (98/C 137/07)
                                                                     chemical products Ð Anti-asthenia products Ð Tariff
                                                                                                classification)
                (Language of the case: Greek)
                                                                                                (98/C 137/08)
  (Provisional translation; the definitive translation will be                       (Language of the case: French)
          published in the European Court Reports)
In Case C-187/96: Commission of the European                           (Provisional translation; the definitive translation will be
Communities (Agent: Maria Patakia) v. Hellenic Republic                        published in the European Court Reports)
(Agents: Ioanna Galani-Maragkoudaki and Stamatina
Vodina) Ð application for a declaration that by excluding,           In Case C-270/96: reference to the Court pursuant to
by regulation or administrative practice, the taking into            Article 177 of the EC Treaty from the Tribunal
account of previous employment in the public service of              Administratif (Administrative Court), Paris, for a
another Member State for the purposes of granting to an              preliminary ruling in the proceedings pending before that
employee in Greek public service a seniority increment               court between Laboratoires Sarget SA and Fonds
and of grading him on the salary scale, on the sole ground           d'intervention et de reÂgularisation du marcheÂ du sucre
that that previous employment was not performed in                   (FIRS) Ð on the interpretation of Council Regulation
Greek public service, the Hellenic Republic is in breach of          (EEC) No 1010/86 of 25 March 1986 laying down
its obligations under Community law, in particular within            general rules for the production refund on certain sugar
the meaning of Articles 5 and 48 of the EC Treaty and                products used in the chemical industry (2), as amended by
Article 7(1) of Council Regulation (EEC) No 1612/68 of               Article 9 of Commission Regulation (EEC) No 1714/88
15 October 1968 on freedom of movement for workers                   of 13 June 1988 amending certain regulations concerning
within the Community (2) Ð the Court (Fifth Chamber),                the application of the common market organisation for