CELEX: C1996/046/22
Language: en
Date: 1996-02-17 00:00:00
Title: Reference for a preliminary ruling by the Tribunal de Commerce, Nice, by judgment of that court of 1 February 1995 in the case of Société des Grands Garages Méditerranéens SA and Nissan France against Société Nice Ouest Automobiles (Case C-410/95)

No C 46/12          | EN 1                     Official Journal of the European Communities                                         17. 2 . 96
which in official sectors in which fewer women than men are               against the Minister of Agriculture, Fisheries and Food, ex
employed in the relevant higher grade post in a career group,             parte: The Royal Society for the Prevention of Cruelty to
where men and women promotion candidates are equally                      Animals and Compassion in World Farming Ltd, on the
qualified ( suitability, competence and professional                      following questions:
performance ) women must be given priority unless reasons
specific to a male candidate predominate ?
                                                                          'Where :
(') OJ No L 39, 14 . 2 . 1976 , p . 40 .
                                                                          ( a ) all of the Member States have become parties to the
                                                                                 European Convention for the Protection of Animals
                                                                                 Kept for Farming Purposes 1976 ('the Convention')
                                                                                 and the Convention has been approved by EC Decision
                                                                                 78/923/EEC (*) of 18 June 1978 ( OJ L 323 , 1978 ,
                                                                                 p. 12 );
Reference for a preliminary ruling by the Tribunal de
Commerce, Nice, by judgment of that court of 1 February
1995 in the case of Societe des Grands Garages                            ( b ) the 1988 Recommendation concerning cattle ('the
Mediterraneens SA and Nissan France against Societe Nice                         Recommendation') has been adopted by the Standing
                      Quest Automobiles                                          Committee established pursuant to the Convention and
                                                                                 has    become    effective   under    the   terms    of   the
                        ( Case C-4 10/95 )                                       Convention;
                           ( 96/C 46/22 )
                                                                          (c ) the standards laid down by and pursuant to the
Reference has been made to the Court of Justice of the                           Convention contain stipulations as to the minimum
European Communities by judgment of the 7th Chamber of                           width of veal crates and the composition of veal calves '
the Tribunal de Commerce ( Commercial Court), Nice, of                           diets;
1 February 1995 , which was received at the Court Registry
on 27 December 1995 , for a preliminary ruling in the case of
Societe des Grands Garages Mediterraneens SA and Nissan                   ( d ) Council Directive 91 /629/EEC ( 2 ) lays down obligatory
France against Societe Nice Ouest Automobiles on the                             minimum standards for the protection of calves which
following question :                                                             are lower than the standards laid down by and pursuant
                                                                                 to the Convention in certain respects, including the
Must Regulation No 123/85 (*) of the European Economic                           width of veal crates and the composition of calves '
Community be interpreted as prohibiting professional                             diets;
resellers of vehicles who are not party to an exclusive
distribution network from obtaining supplies from an agent                (e ) the Directive permits Member States to maintain or
for the same manufacturer in another Member State ?
                                                                                 apply within their territories stricter provisions for the
                                                                                 protection of calves than those laid down in this
(') Commission Regulation ( EEC ) No 123/85 of 12 December                       Directive;
    1984 on the application of Article 85 ( 3 ) of the Treaty to certain
    categories of motor vehicle distribution and servicing
    agreements ( OJ 1985 L 15 , p. 16 ).                                  ( f) veal calves are exported from a Member State
                                                                                 ('Member State A') to certain other Member States
                                                                                 ('Member States B') which have implemented and/or
                                                                                 complied with the Directive but have not implemented
                                                                                 and/or complied with the standards indicated at
                                                                                 paragraph (c ) above although Member State A has
                                                                                 implemented and complied with those standards;
Reference for a preliminary ruling by the High Court of
Justice, Queen's Bench Division, by order of that court of                 ( g) the export of calves to face rearing contrary to the
 12 December 1995 , in the case of The Queen against the                         Convention is considered to be cruel and immoral by
Minister of Agriculture, Fisheries and Food, ex parte: The                       animal welfare organizations and a considerable body
Royal Society for the Prevention of Cruelty to Animals and                       of public opinion, supported by authoritative scientific
             Compassion in World Farming Ltd.                                    veterinary opinion, in the Member State from which
                            Case C-l /96 )                                       exports occur.'
                            ( 96/C 46/23 )
                                                                           1 . In the circumstances set out above, may Member State A
 Reference has been made to the Court of Justice of the                         rely on Article 36 of the EC Treaty and, in particular, the
 European Communities by an order of the High Court of                          grounds of public morality and/or public policy and/or
Justice, Queen's Bench Division, of 12 December 1995 ,                          the protection of the health or life of animals contained
 which was received at the Court Registry on 2 January                          therein, to justify any restriction in relation to the export
 1996, for a preliminary ruling in the case of The Queen                        of live calves from Member State A with a view to