CELEX: C1996/180/14
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT of 26 March 1996 in Case C-392/93 (reference for a preliminary ruling from the High Court of Justice, Queen's Bench Division, Divisional Court): The Queen v. H. M. Treasury, ex parte: British Telecommunications plc (Reference for a preliminary ruling - Interpretation of Directive 90/531/EEC - Telecommunications - Transposition into national law - Obligation to pay compensation in the event of incorrect implementation)

22 . 6 . 96           EN                    Official Journal of the European Communities                                 No C 180/7
2 . In areas not covered by Regulation (EEC) No 3820/85,                              JUDGMENT OF THE COURT
     Member States remain competent to adopt rules on                                        of 26 March 1996
     driving periods.
                                                                       in Case C-3 92/93 ( reference for a preliminary ruling from
                                                                       the High Court of Justice, Queen's Bench Division,
0 ) OJ No C 392, 31 . 12 . 1994 .                                      Divisional Court ): The Queen v. H. M. Treasury, ex parte:
                                                                                     British Telecommunications plc (')
                                                                       (Reference for a preliminary ruling — Interpretation of
                                                                       Directive      90/531/EEC     —     Telecommunications       —
                                                                        Transposition into national law — Obligation to pay
                                                                         compensation in the event of incorrect implementation)
                                                                                                 96/C 180/ 14 )
              JUDGMENT OF THE COURT
                         ( First Chamber)
                       of 21 March 1996
                                                                                       (Language of the case: Englisb)
in Case C-39/95 ( reference for a preliminary ruling from the
Tribunal de Police, La Rochelle ): Criminal proceedings
                   against Pierre Goupil f 1 )
(Social legislation relating to road transport — Derogation
                        for refuse vehicles)                           In Case C-3 92/93 : reference to the Court under Article 177
                           ( 96/C 180/ 13 )                            of the EC Treaty by the High Court of Justice, Queen's
                                                                       Bench Division, Divisional Court, for a preliminary ruling
                                                                       in the proceedings pending before that court between
                (Language of tbe case: Frencb)                         the Queen and H. M. Treasury, ex parte British
                                                                       Telecommunications pic, on the interpretation of
                                                                       Article 8 ( 1 ) of Council Directive 90/531 /EEC of
(Provisional translation; the definitive translation will be            17 September 1990 on the procurement procedures of
          published in the European Court Reports)                     entities operating in the water, energy, transport and
                                                                       telecommunications sectors ( OJ No L 297, 1990 , p . 1 ) —
                                                                       the Court, composed of G. C. Rodriguez Iglesias, President,
In Case C-39/95 : reference to the Court under Article 177 of           C. N. Kakouris, D. A. O. Edward and J. -P. Puissochet,
the EC Treaty from the Tribunal de Police ( Local Criminal              Presidents of Chambers , G. F. Mancini, F. A. Schockweiler,
Court ), La Rochelle, for a preliminary ruling in the criminal         J. C. Moitinho de Almeida ( Rapporteur ), C. Gulmann and
proceedings pending before that court against Pierre Goupil            J. L. Murray, Judges; G. Tesauro, Advocate-General ; L.
on the interpretation of Article 4 ( 6 ) of Council Regulation          Hewlett, Administrator, for the Registrar, has given a
( EEC ) No 3820/85 of 20 December 1985 on the                           judgment on 26 March 1996 , in which it rules :
harmonization of certain social legislation relating to road
transport ( OJ No L 370, 1985 , p . 1 ) — the Court ( First
Chamber), composed of D. A. O. Edward ( President of the
Chamber ), P. Jann ( Rapporteur ) and L. Sevon, Judges; P.
Léger, Advocate-General; H. von Holstein , Deputy
Registrar, for the Registrar, has given a judgment on                   1 . It is not open to a Member State, when transposing into
21 March 1996 in which it rules :                                           national law Council Directive 90/531 /EEC of
                                                                            1 7 September 1 990 on the procurement procedures of
                                                                            entities operating in the water, energy, transport and
The words 'vehicles used in connection with . . . refuse                    telecommunications      sectors,    to determine     which
collection and disposal ' in Article 4 (6) of Council                       telecommunications services are to be excluded from its
Regulation (EEC) No 3820/85 of20 December 1985 on the                       scope in implementation of Article 8 (1 ), since that
harmonization of certain social legislation relating to road                power is vested in the contracting entities themselves.
transport must be interpreted as covering vehicles used for
the collection of waste of all kinds which is not subject to
more specific rules and for the transportation of such waste
over short distances, within the context of a general service
in the public interest provided directly by the public                  2 . The criterion laid down by Article 8 (1 ) of Directive
authorities or by private undertakings under their                          90/531 , namely that 'other entities are free to offer the
control.                                                                    same services in the same geographical area and under
                                                                            substantially the same conditions ', is to be verified as a
                                                                            matter of law and of fact, having regard in particular to
 (') OJ No C 87, 8 . 4 . 1995 .                                             all the characteristics of the services concerned, the
                                                                            existence of alternative services, price factors, the
                                                                            dominance or otherwise of the contracting entity's
                                                                            position on the market and any legal constraints.
 ---pagebreak---  No C 180/8            EN                  Official Journal of the European Communities                                   22 . 6 . 96
 3 . Community law does not require a Member State which,             and 88/357/EEC (third non-life insurance Directive) must
     in transposing Directive 90/531 /EEC into national law,          be interpreted as meaning that social security schemes such
     has itself determined which services of a contracting            as those in issue in the main proceedings are excluded from
     entity are to be excluded from its scope in                      the scope of the Directive.
     implementation of Article 8, to compensate that entity
     for any loss suffered by it as a result of the error
     committed by the State.                                          f 1 ) OJ No C 304 , 29 . 10 . 1994 .
 (') OJ No C 287, 23 . 10 . 1993 .
                                                                                      JUDGMENT OF THE COURT
                                                                                              of 26 March 1996
               JUDGMENT OF THE COURT
                                                                      in Case C-271/94: European Parliament v. Council of the
                                                                                              European Union ( l )
                       of 26 March 1996
                                                                      (Council Decision 94/445/EC — Edicom — Telematic
 in Case C-238/94 ( reference for a preliminary ruling from                                networks — Legal basis)
 the   Tribunal    des   affaires   de   sécurité   sociale for
                                                                                                 { 96/ C 180/16 )
 Tarn-et-Garonne ): José Garcia and Others v. Mutuelle de
        prévoyance sociale d'Aquitaine and Others ( 1 )
 (Non-life insurance — Council Directive 92/49/EEC —                                   (Language of the case: French)
                              Scope)
                         ( 96/C 180/15 )
                                                                      (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
                (Language of the case: French)
                                                                     In Case C-271/94 , European Parliament ( Agents : Gregorio
 (Provisional translation; the definitive translation will be        Garzón Clariana, Johann Schoo and José Luis Rufas
          published in the European Court Reports)                   Quintana ), supported by the Commission of the European
                                                                     Communities ( Agent: Georgios Kremlis ) v. Council of the
                                                                     European Union ( Agents: Antonio Sacchettini and Amadeu
In Case C-238/94 : reference to the Court under Article 177          Lopes Sabino ) — application for the annulment of Council
of the EC Treaty from the Tribunal des affaires de sécurité          Decision 94/445/EC of 11 July 1994 on interadministration
sociale ( Social Security Tribunal ) for Tarn-et-Garonne for a       telematic networks for statistics relating to the trading of
preliminary ruling in the proceedings pending before that            goods between Member States ( Edicom ) ( OJ No L 183 ,
court between José Garcia and Others v . Mutuelle de                  1994 , p . 42 ) — the Court, composed of G. C. Rodriguez
prévoyance sociale d'Aquitaine and Others — on the                   Iglesias, President, C. N. Kakouris and G. Hirsch ( Presidents
interpretation of Article 2 ( 2 ) of Council Directive               of Chambers ), G. F. Mancini, F. A. Schockweiler, J. C.
92/49/EEC of 18 June 1992 on the coordination of laws,               Moitinho de Almeida, C. Gulmann, J. L. Murray, P. Jann,
regulations and administrative provisions relating to direct         H. Ragnemalm and L. Sevón ( Rapporteur), Judges,
insurance other than life assurance and amending Directives          Advocate-General : A. La Pergola, Registrar: H. von
73/239/EEC and 88/357/EEC ( third non-life insurance                 Holstein, Deputy Registrar, gave a judgment on 26 March
Directive ) ( OJ No L 228 , 1992 , p . 1 ) — the Court,              1996 in which it :
composed of G. C. Rodriguez Iglesias, President, D. A. O.
Edward, J. -P. Puissochet and G. Hirsch ( Presidents of
Chambers ), F. A. Schockweiler, J. C. Moitinho de Almeida            1 . Annuls Council Decision 94/445/EC of 11 July 1 994 on
( Rapporteur ), P. J. G. Kapteyn, C. Gulmann, J. L. Murray,                 interadministration telematic networks for statistics
P. Jann and H. Ragnemalm, Judges; G. Tesauro,                               relating to the trading ofgoods between Member States
Advocate-General; D. Louterman-Hubeau, Principal                            (Edicom).
Administrator, for the Registrar, gave a judgment on
26 March 1996 , the operative part of which is as
follows :                                                            2 . Maintains the effects of the Commission decisions
                                                                            already adopted pursuant to the annulled decision until
                                                                            such time as a decision adopted on the appropriate legal
Article 2 (2) of Council Directive 92/49/EEC of 18 June                     basis enters into force.
1992 on the coordination of laws, regulations and
administrative provisions relating to direct insurance other
than life assurance and amending Directives 73/239/EEC               3 . Orders the Council to pay the costs.