CELEX: C1997/252/39
Language: en
Date: 1997-08-16 00:00:00
Title: Reference for a preliminary ruling by the Juzgado de lo Social No 4 of Madrid by order of that court of 30 May 1997 in the case of Teresa Fernández de Bobadilla against (1) Museo Nacional del Prado, (2) Ministerio Fiscal and (3) Comité de Empresa del Museo del Prado (Case C-234/97)

No C 252/20             EN                 Official Journal of the European Communities                                            16 . 8 . 97
Reference for a preliminary ruling by the Juzgado de lo                     — FF 103 286 730 eligible expenditure corresponding
Social No 4 of Madrid by order of that court of 30 May                           to intervention measures concerning the public
1997 in the case of Teresa Fernandez de Bobadilla against                         storage of cereals,
( 1 ) Museo Nacional del Prado, (2 ) Ministerio Fiscal and
          ( 3 ) Comite de Empresa del Museo del Prado                      — FF 720 720 eligible expenditure under the export
                                                                                 refund system in respect of an export operation of
                         ( Case C-234/97)                                         73,5 tonnes of processed cheese for Saudi Arabia ,
                           ( 97/C 252/39 )
                                                                      — in         the  alternative,    consider    the   correction        of
                                                                            FF 103 286 730 concerning the public storage of
Reference has been made to the Court of Justice of the                      cereals to be disproportionate in amount,
European Communities by order of the Juzgado de lo
Social No 4 ( Social Court No 4 ) of Madrid of 30 May                 — order the defendant to pay the costs.
1997, received at the Court Registry on 26 June 1997, for
a preliminary ruling in the case of Teresa Fernandez de               Pleas in law and main arguments adduced in support:
Bobadilla against ( 1 ) Museo Nacional del Prado, ( 2 )
Ministerio Fiscal and ( 3 ) Comite de Empresa del Museo               ( As regards expenditure in the cereal sector )
del Prado on the following question:
                                                                      — France would put forward the same pleas as it did in
                                                                            Case C-232/96 ( 2 ).
Does the provision contained in the Collective Agreement
of an Autonomous Organization of the Spanish State                    ( As regards the application of the export refund system in
which requires, for pursuit of the profession of restorer (a          respect of consignment of processed cheese exported to
non-regulated profession), prior validation of the academic           Saudi Arabia )
qualification obtained in another Community country —
such validation involving a comparison of the study                   — Breach of Council Regulation ( EEC ) No 729/70 of
programmes in Spain and in the other country and the                        21 April 1970 on the financing of the common
passing of theoretical and practical tests in the subjects in               agricultural policy ( 3 ): the export operation took place
the Spanish programme of studies which do not appear in                     in accordance with the Community rules in force, in
the programme of studies of the other Community country                     particular in compliance with Articles 5 and 13 of
in question — infringe the right to freedom of movement                     Commission Regulation ( EEC) No 3665/87 of
for workers ?                                                               27 November 1987 laying down common detailed
                                                                            rules for the application of the system of export
                                                                            refunds on agricultural products (4 ). In the absence of
                                                                            Community standards, the Member States are
                                                                            competent to define the ' sound and fair marketable
                                                                            quality' of products . The French Commission
                                                                            Interministerielle     de   Coordination     des      Controles
Action brought on 27 June 1997 by the French Republic                       ( Interministerial Commission for Coordinating
    against the Commission of the European Communities                      Controls ) considered that the criteria for determining
                           Case C-235/97 )                                  that the product in question was not of sound and fair
                                                                            marketable quality were not satisfied. The cheese was
                           ( 97/C 252/40 )                                  destroyed in order to preserve the product's brand
                                                                            image after the customs formalities had been
                                                                            completed and despite the fact that the Saudi
An action against the Commission of the European                            authorities had not expressed any reservations on
Communities was brought before the Court of Justice on                      importation.
27 June 1997 by the French Republic, represented by
Kareen Rispal-Bellanger, Deputy Director of the Legal                 H OJ No L 139, 30 . 5 . 1997, p . 30 .
Affairs Directorate at the Ministry of Foreign Affairs, and           (2 ) OJ No C 269, 14 . 9 . 1996 , p. 9 .
Frederic Pascal, Attache from the Central Administration              (3 ) Official Journal, English Special Edition 1970 ( 1 ), p. 218 .
                                                                      (4 ) OJ No L 351 , 14 . 12 . 1987, p. 1 .
in the same Department, acting as Agents, with an address
for service in Luxembourg at the French Embassy, 8B
Boulevard Joseph II.
The French Republic claims that the Court should :
                                                                      Reference for a preliminary ruling by the 0stre Landsret
                                                                      by order of 24 June 1997 in the case of Skatteministeriet
— declare null and void Commission Decision 97/333/EC                            v. Aktieselskabet Forsikringsselskabet Codan
      of 23 April 1997 (') on the clearance of the accounts                                     ( Case C-236/97)
      presented by the Member States in respect of the
                                                                                                  ( 97/C 252/41 )
      expenditure for 1993 on the Guarantee Section of the
      European Agricultural Guidance and Guarantee Fund
      ( EAGGF), inasmuch as that decision disallows for               Reference has been made to the Court of Justice of the
      France :                                                        European Communities by order of 24 June 1997 from