CELEX: C1996/031/21
Language: en
Date: 1996-02-03 00:00:00
Title: Reference for a preliminary ruling by the Industrial Tribunal, Southampton (United Kingdom), by order of that court of 23 November 1995, in the case of James Paul Barker against Service Children's Schools (Case C-374/95)

3 . 2 . 96                  EN |                 Official Journal of the European Communities                                  No C 31 / 11
Ministero delle Finanze ( Ministry of Finance ) and the                     Reference for a preliminary ruling by the Industrial
Ministero del Commercio con l'Estero ( Ministry of Foreign                  Tribunal, Southampton ( United Kingdom ), by order of that
Trade ) on the following questions :                                        court of 23 November 1995 , in the case of James Paul
                                                                                        Barker against Service Children's Schools
                                                                                                     ( Case C-3 74/95
1 . Should that part of Council Regulation ( EEC ) No                                                   ( 96/C 31 /21 )
       404/93 (') which limits the right to import Somali
       bananas — the so-called right of access, as recognized by
       the Lome Convention of 15 December 1989 , Protocol 5                 Reference has been made to the Court of Justice of the
       thereto and the Joint Declaration contained in                       European Communities by an order of the Industrial
       Annex LXXIV to the Convention — be considered                        Tribunal,        Southampton          ( United Kingdom ),    of
       valid , in particular inasmuch as it:                                23 November 1995 , which was received at the Court
                                                                            Registry on 30 November 1995 , for a preliminary ruling in
                                                                            the case of James Paul Barker against Service Children 's
       ( a ) establishes different import arrangements for                  Schools, on the following questions :
              traditional bananas, non-traditional bananas and
              bananas in excess of the quota set for that purpose           1 . Do the provisions of Council Directive 76/207/EEC of
              and thus imposes quantitative restrictions;                        9 February 1976 on the implementation of the principle
                                                                                 of equal treatment for men and women as regards access
       ( b ) imposes the requirement to obtain an import                         to employment, vocational training and promotion, and
              document and to lodge a security for that purpose                  working conditions ( l ) permit a Member State to
              — a document which is not purely for statistical                   exclude from the measures required by Article 3 of the
              purposes and is subject to conditions that are                     said Directive, equal treatment ( as regards access to
              onerous and difficult to satisfy;                                  employment ) where the employment in question is to be
                                                                                 at an establishment outside the territory of the Member
                                                                                 State ?
       ( c ) imposes a customs duty of ECU 750 per tonne for
              bananas in excess of the tariff quota ?                       2 . If so, does that permit such exclusion where the
                                                                                 prospective employer is the Member State itself?
2 . Should those parts of Commission Regulations ( EEC )                    3 . Also, if so, does that permit such exclusion where the
       Nos 1442/93 ( 2 ) and 1443/93 ( 3 ), as amended and                       prospective employment is in another Member State ?
       supplemented by later regulations, which limit, reduce
       or restrict unnecessarily and in a disproportionate                  (') OJ No L 39 , 14 . 2 . 1976 , p . 40 .
       manner in relation to the objective pursued the right of
       access of Somali bananas, as guaranteed by the
       Convention referred to in Question 1 and by Council
       Regulation ( EEC ) No 404/93 , be considered valid, in
       particular inasmuch as they :
                                                                            Action brought on 30 November 1995 by the Commission
                                                                            of the European Communities against the Hellenic
        ( a ) set the final date for the submission of applications                                         Republic
              for import licences up to three months and three                                         Case C-375/95 )
              weeks before the transaction and limit the period
              for submitting applications to one ( full ) week on                                        ( 96/C 31 /22
              only four occasions a year;
                                                                            An action against the Hellenic Republic was brought before
                                                                            the Court of Justice on 30 November 1995 by the
        ( b ) provide, in the event of non-compliance with the              Commission of the European Communities, represented by
              deadline , for forfeiture , in all cases, of the right to     Dimitrios Gouloussis, Legal Adviser to the Commission,
              import for an entire quarter, without laying down             with an address for service in Luxembourg at the office of
               specific rules or derogations for situations of force         Carlo Gomez de la Cruz, of the Commission's Legal Service,
              majeure, unforeseeable circumstances and similar              Wagner Centre .
               situations ;
                                                                            The applicant claims that the Court should:
        ( c ) make the issue of the licence subject to the prior
               deposit of a security ?                                       1 . declare that, by introducing and maintaining in force in
                                                                                  connection with the taxation of imported second-hand
                                                                                  cars
0 ) OJ No L 47, 25 . 2 . 1993 , p . 1 .
( 2 ) OJ No L 142 , 12 . 6 . 1993 , p . 6 .                                       ( a ) Article 1 of Law No 363/1976 ( as amended by Law
 ( 3 ) OJ No L 142 , 12 . 6 . 1993 , t5 . 16 .                                          No 1676/1986 ) on the calculation, in connection
                                                                                        with the special consumption tax, of the taxable
                                                                                        value, with a deduction of only 5 % for each year of
                                                                                        use, up to a maximum of 20% , from the selling
                                                                                        price of equivalent new vehicles; and