CELEX: C2000/163/03
Language: en
Date: 2000-06-10 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 30 March 2000 in Case C-178/97 (reference for a preliminary ruling from the Tribunal du Travail de Bruxelles): Barry Banks and Others v Théâtre Royal de la Monnaie (Social security for migrant workers — Determination of the legislation applicable — Scope of the E 101 Certificate)

C 163/2                  EN                     Official Journal of the European Communities                                          10.6.2000
                  JUDGMENT OF THE COURT                                                      JUDGMENT OF THE COURT
                           (First Chamber)                                                            (Fifth Chamber)
                          of 28 March 2000                                                          of 30 March 2000
in Case C-309/98 (reference for a preliminary ruling                       in Case C-178/97 (reference for a preliminary ruling from
from the Finanzgericht München): Holz Geenen GmbH v                        the Tribunal du Travail de Bruxelles): Barry Banks and
                Oberfinanzdirektion München (1)                                       Others v Théâtre Royal de la Monnaie (1)
(Common Customs Tariff — Tariff headings — Classifi-
cation in the combined nomenclature — Regulation (EC) No                   (Social security for migrant workers — Determination of the
1509/97 — Rectangular wood blocks used in the construc-                       legislation applicable — Scope of the E 101 Certificate)
                      tion of window frames)
                                                                                                      (2000/C 163/03)
                           (2000/C 163/02)
                                                                                                (Language of the case: French)
                   (Language of the case: German)
                                                                           (Provisional translation; the definitive translation will be published
(Provisional translation; the definitive translation will be published                         in the European Court Reports)
                    in the European Court Reports)
                                                                           In Case C-178/97: Reference to the Court under Article 177 of
In Case C-309/98: reference to the Court under Article 177 of              the EC Treaty (now Article 234 EC) by the Tribunal du
the EC Treaty (now Article 234 EC) from the Finanzgericht                  Travail de Bruxelles, Belgium, for a preliminary ruling in the
München, Germany, for a preliminary ruling in the proceedings              proceedings pending before that court between Barry Banks
pending before that court between Holz Geenen GmbH                         and Others and Théâtre Royal de la Monnaie — on the
and Oberfinanzdirektion München — on the validity of                       interpretation of Article 14a(1)(a) and Article 14c of Council
Commission Regulation (EC) No 1509/97 of 30 July 1997                      Regulation (EEC) No 1408/71 of 14 June 1971 on the
concerning the classification of certain goods in the combined             application of social security schemes to employed persons, to
nomenclature (OJ 1997 L 204, p. 8) — the Court (First                      self-employed persons and to members of their families
Chamber), composed of: L. Sevón (Rapporteur), President of                moving within the Community, and of Articles 11a and 12a(7)
the Chamber, P. Jann and M. Wathelet, Judges; F.G. Jacobs,                 of Council Regulation (EEC) No 574/72 of 21 March 1972,
Advocate General; D. Louterman-Hubeau, Principal Adminis-                  fixing the procedure for implementing Regulation (EEC) No
trator, for the Registrar, has given a judgment on 28 March                1408/71, as amended and updated by Council Regulation
2000, in which it has ruled:                                               (EEC) No 2001/83 of 2 June 1983 (OJ 1983 L 230, p. 6), and
                                                                           subsequently by Council Regulation (EEC) No 3811/86 of
                                                                           11 December 1986 (OJ 1986 L 355, p. 5) — the Court (Fifth
Commission Regulation (EC) No 1509/97 of 30 July 1997                      Chamber), composed of: D.A.O. Edward, President of the
concerning the classification of certain goods in the combined             Chamber, L. Sevón, C. Gulmann, J.-P. Puissochet (Rapporteur)
nomenclature is invalid in so far as point 2 of the Annex thereto          and P. Jann, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
classifies ‘Rectangular wood blocks, 48 or 85 mm wide x 72 mm              H. von Holstein, Deputy Registrar, for the Registrar, has given
high, used in the construction of window frames, consisting of layers      a judgment on 30 March 2000, in which it held:
of wood glued together with the grain running parallel and with
slightly rounded edges’ under subheading 4418 90 10 of the
combined nomenclature.                                                     1. The term ‘work’ in Article 14a(1)(a) of Council Regulation
                                                                                (EEC) No 1408/71 of 14 June 1971 on the application of
                                                                                social security schemes to employed persons, to self-employed
                                                                                persons and to members of their families moving within the
(1) OJ C 312 of 10.10.1998.
                                                                                Community, as amended and updated by Council Regulation
                                                                                (EEC) No 2001/83 of 2 June 1983, and subsequently by
                                                                                Council Regulation (EEC) No 3811/86 of 11 December 1986,
                                                                                covers any performance of work, whether in an employed or self-
                                                                                employed capacity.
 ---pagebreak--- 10.6.2000               EN                      Official Journal of the European Communities                                            C 163/3
2. So long as it has not been withdrawn or declared invalid, an E          B.J. Drijber) — the Court (Fifth Chamber), composed of:
    101 certificate, issued in accordance with Article 11a of Council      J.C. Moitinho de Almeida, President of the Sixth Chamber,
    Regulation (EEC) No 574/72 of 21 March 1972, fixing                    acting as President of the Fifth Chamber, L. Sevón,
    the procedure for implementing Regulation No 1408/71,                  J.-P. Puissochet, P. Jann (Rapporteur) and M. Wathelet, Judges;
    as amended and updated by Regulation No 2001/83 and                    A. Saggio, Advocate General; L. Hewlett, Administrator, for
    subsequently by Regulation No 3811/86, is binding both upon            the Registrar, has given a judgment on 30 March 2000, in
    the competent institution of the Member State to which a self-         which it:
    employed person goes in order to carry out a work assignment
    and the person who calls upon the services of that worker.             1. Dismisses the appeal;
3. The E 101 certificate, issued in accordance with Article 11a of         2. Orders Coöperatieve Vereniging De Verenigde Bloemenveilingen
    Regulation No 574/72, may have retroactive effect.                          Aalsmeer BA (VBA) to bear its own costs and to pay those of
                                                                                Florimex BV and Vereniging van Groothandelaren in Bloem-
                                                                                kwekerijprodukten (VGB) relating to the proceedings before the
(1) OJ C 212 of 12.7.1997.                                                      Court of Justice;
                                                                           3. Orders the Commission to bear its own costs.
                                                                           (1) OJ C 295 of 30.3.2000.
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)
                         of 30 March 2000                                                    JUDGMENT OF THE COURT
in Case C-265/97 P: Coöperatieve Vereniging De Verenig-                                               (Fifth Chamber)
de Bloemenveilingen Aalsmeer BA (VBA) v Florimex BV
                           and Others (1)
                                                                                                    of 30 March 2000
(Appeal — Competition — Decision rejecting a complaint
— Compatibility with Article 2 of Regulation No 26 of a                    in Case C-266/97 P: Coöperatieve Vereniging De Verenig-
fee charged to external suppliers on floricultural products                de Bloemenveilingen Aalsmeer BA (VBA) v Vereniging
supplied to wholesalers established on the premises of a                   van Groothandelaren in Bloemkwekerijproducten (VGB),
 cooperative society of auctioneers — Statement of reasons)                                            Florimex BV (1)
                          (2000/C 163/04)                                  (Appeal — Competition — Closure of procedure on a
                                                                           complaint in the absence of a response by the complainants
                                                                           within the time-limit notified to them — Compatibility with
                    (Language of the case: Dutch)                          Article 85(1) of the Treaty of a fee levied on suppliers
                                                                           who have concluded agreements relating to the delivery of
                                                                           floricultural products to undertakings established on the
(Provisional translation; the definitive translation will be published     premises of a cooperative auction society — Compatibility
                   in the European Court Reports)                          with Article 85(1) of the EC Treaty of an exclusive purchase
                                                                           obligation accepted by certain wholesalers reselling such
                                                                           products to retailers in a specific trading area forming part
In Case C-265/97 P: Coöperatieve Vereniging De Verenigde                   of the same premises — Discrimination — Effect on trade
Bloemenveilingen Aalsmeer BA (VBA), established in Aalsmeer                between Member States — Assessment by reference to a
(Netherlands), represented by G. van der Wal, of the Brussels              body of rules taken as a whole — Lack of appreciable effect)
Bar, with an address for service in Luxembourg at the
Chambers of A. May, 31 Grand-Rue — Appeal against the
judgment of the Court of First Instance of the European                                               (2000/C 163/05)
Communities (Second Chamber, Extended Composition) of
14 May 1997 in Joined Cases T-70/92 and T-71/92 Florimex
and VGB v Commission [1997] ECR II-693, seeking to have                                         (Language of the case: Dutch)
that judgment set aside, the other parties to be proceedings
being: Florimex BV and Others and Vereniging van Groothan-
delaren in Bloemkwekerijprodukten (VGB), established in                    (Provisional translation; the definitive translation will be published
Aalsmeer (Netherlands), represented by J.A.M.P. Keijser, of the                                in the European Court Reports)
Nijmegen Bar, with an address for service in Luxembourg at
the Chambers of A. Kronshagen, 22 Rue Marie-Adélaïde and                   In Case C-266/97 P: Coöperatieve Vereniging De Verenigde
Commission of the European Communities, (Agent:                            Bloemenveilingen Aalsmeer BA (VBA), established in Aalsmeer