CELEX: C2000/335/19
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 26 September 2000 in Case C-205/98: Commission of the European Communities v Republic of Austria (Failure of a Member State to fulfil obligations — Directive 93/89/EEC — Tolls — Brenner motorway — Prohibition of discrimination — Obligation to set toll rates by reference to the costs of the infrastructure network concerned)

C 335/10                 EN                     Official Journal of the European Communities                                        25.11.2000
The principle of equal treatment, as laid down in Article 3(1) of          The Combined Nomenclature as set out in Annex 1 of Commission
Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on              Regulation (EEC) No 3174/88 of 21 September 1988 amending
the application of social security schemes to employed persons, to self-   Annex I to Council Regulation (EEC) No 2658/87 on the tariff and
employed persons and to members of their families moving within            statistical nomenclature and on the Common Customs Tariff is to be
the Community, as amended by Council Regulation (EEC) No                   interpreted as meaning that a product made by adding rennet to
1945/93 of 30 June 1993, precludes national legislation which              skimmed milk and made up of 54 % water, 0,9 % fat, 5,7 %
fixes the minimum amount of a cash benefit that can be paid to a           phosphorous and 2 % salt and casein must be classified under tariff
Community national residing in another Member State at a higher            subheading 0406 90 11‘Other cheese: — For processing’.
level than that required where that payment is made within the same
Member State, in circumstances where the payment to be sent to
another Member State does not involve expenses higher than those           (1) OJ C 100 of 10.4.1999.
incurred in respect of the payment of the same benefit within the first
Member State.
(1) OJ C 174 of 19.6.1999.
                                                                                            JUDGMENT OF THE COURT
                                                                                                  of 26 September 2000
                  JUDGMENT OF THE COURT
                           (Fifth Chamber)                                 in Case C-205/98: Commission of the European Communi-
                                                                                             ties v Republic of Austria (1)
                      of 26 September 2000
                                                                           (Failure of a Member State to fulfil obligations — Directive
in Case C-42/99 (reference for a preliminary ruling from                   93/89/EEC — Tolls — Brenner motorway — Prohibition of
the Supremo Tribunal Administrativo, Portugal): Fábrica                   discrimination — Obligation to set toll rates by reference to
de Queijo Eru Portuguesa Ld.a v Tribunal Técnico                                  the costs of the infrastructure network concerned)
              Aduaneiro de Segunda Instância (1)
                                                                                                     (2000/C 335/19)
(Free movement of goods — Common Customs Tariff —
Tariff heading — Cheese or casein — Regulation (EEC) No
                               3174/88)                                                        (Language of the case: Dutch)
                           (2000/C 335/18)
                                                                           (Provisional translation; the definitive translation will be published
                  (Language of the case: Portuguese)                                          in the European Court Reports)
                                                                           In Case C-205/98: Commission of the European Communities
(Provisional translation; the definitive translation will be published     (Agents: L. Pignataro and A. Buschmann) v Republic of Austria
                    in the European Court Reports)                         (Agents: H. Dossi) — application for a declaration that, by
                                                                           raising from 1 July 1995 and from 1 February 1996 the tolls
In Case C-42/99: reference to the Court under Article 177 of               for the whole Brenner motorway, a transit route through
the EC Treaty (now Article 234 EC) from the Supremo                        Austria used predominantly by goods vehicles of over 12
Tribunal Administrativo (Supreme Administrative Court) for a               tonnes from other Member States, and by not imposing the
preliminary ruling in the proceedings pending before that                  said tolls only to cover the costs of constructing, operating
court between Fábrica de Queijo Eru Portuguesa Ld.a and                   and developing the Brenner motorway, the Republic of Austria
Tribunal Técnico Aduaneiro de Segunda Instância in the                     has failed to fulfil its obligations under Article 7(b) and Article
presence of: Ministério Público — on the interpretation of the            7(h) of Council Directive 93/89/EEC of 25 October 1993 on
Combined Nomenclature as set out in Annex I of Commission                  the application by Member States of taxes on certain vehicles
Regulation (EEC) No 3174/88 of 21 September 1988                           used for the carriage of goods by road and tolls and charges
amending Annex I to Council Regulation (EEC) No 2658/87                    for the use of certain infrastructures (OJ 1993 L 279, p. 32) —
on the tariff and statistical nomenclature and on the Common               the Court, composed of: G.C. Rodrı́guez Iglesias, President,
Customs Tariff (OJ 1988 L 298 p. 1) — the Court (Fifth                     J.C. Moitinho de Almeida (Rapporteur), L. Sevón, R. Schintgen
Chamber), composed of: D.A.O. Edward, President of the                     (Presidents of Chambers), P.J.G. Kapteyn, C. Gulmann,
Chamber, L. Sevón, P.J.G. Kapteyn, H. Ragnemalm (Rappor-                  J.-P. Puissochet, P. Jann, M. Wathelet, V. Skouris and F. Macken,
teur) and M. Wathelet, Judges; N. Fennelly, Advocate General;              Judges; A. Saggio, Advocate General; H.A. Rühl, Principal
H.A. Rühl, Principal Administrator, for the Registrar, has given           Administrator, for the Registrar, has given a judgment on
a judgment on 26 September 2000, in which it has ruled:                    26 September 2000, in which it:
 ---pagebreak--- 25.11.2000                 EN                      Official Journal of the European Communities                                           C 335/11
1.    Declares that, by raising, on 1 July 1995 and 1 February                for the award of public works contracts (OJ, English Special
      1996, the tolls for the full itinerary on the Brenner motorway,         Edition 1971 (II), p. 682), as amended by Council Directive
      a transit route through Austria used predominantly by goods             89/440/EEC of 18 July 1989 (OJ 1989 L 210, p. 1), in
      vehicles of a maximum permissible gross laden weight of not             particular under Articles 12, 26 and 29 thereof, and under
      less than 12 tonnes registered in other Member States, but not          Council Directive 93/37/EEC of 14 June 1993 concerning the
      for partial itineraries on that motorway, the great majority of         coordination of procedures for the award of public works
      the users of which are vehicles of a maximum permissible gross          contracts (OJ 1993 L 199, p. 54), in particular under Articles
      laden weight of not less than 12 tonnes used for the same type          8, 11, 22 and 30 thereof — the Court, composed of:
      of transport and registered in Austria, and, second, by not             G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida,
      applying the abovementioned tolls only in order to cover the            D.A.O. Edward, L. Sevón and R. Schintgen (Presidents of
      costs linked with the construction, operation and development           Chambers), J.-P. Puissochet, P. Jann, H. Ragnemalm and
      of the Brenner motorway, the Republic of Austria has failed to          V. Skouris (Rapporteur), Judges; S. Alber, Advocate General;
      fulfil its obligations under, respectively, Article 7(b) and Article    D. Louterman-Hubeau, Principal Administrator, for the Regis-
      7(h) of Council Directive 93/89/EEC on the application by               trar, has given a judgment on 26 September 2000, in which it:
      Member States of taxes on certain vehicles used for the carriage
      of goods by road and tolls and charges for the use of certain           1.    Declares that, in the course of the various procedures for the
      infrastructures;                                                              award of public works contracts for the construction and
                                                                                    maintenance of school buildings conducted by the Nord-Pas-
2.    Orders the Republic of Austria to pay the costs.                              de-Calais Région and the Département du Nord over a period
                                                                                    of three years, the French Republic has failed to fulfil its
                                                                                    obligations under Article 59 of the EC Treaty (now, after
(1) OJ C 234 of 25.7.1998.                                                          amendment, Article 49 EC) as well as under Articles 12(5),
                                                                                    26 and 29(2) of Council Directive 71/305/EEC of 26 July
                                                                                    1971 concerning the coordination of procedures for the award
                                                                                    of public works contracts, as amended by Council Directive
                                                                                    89/440/EEC of 18 July 1989, and under Articles 8(3),
                                                                                    11(5), 22(2) and 30(2) of Council Directive 93/37/EEC of
                                                                                    14 June 1993 concerning the coordination of procedures for
                                                                                    the award of public works contracts;
                   JUDGMENT OF THE COURT                                      2.    Dismisses the application as to the remainder;
                          of 26 September 2000                                3.    Orders the French Republic and the Commission of the
                                                                                    European Communities to bear their own costs.
in Case C-225/98: Commission of the European Communi-
                        ties v French Republic (1)                            (1) OJ C 258 of 15.8.1998.
(Failure of a Member State to fulfil its obligations — Public
works contracts — Directives 71/305/EEC, as amended by
Directive 89/440/EEC, and 93/37/EEC — Construction and
maintenance of school buildings by the Nord-Pas-de-Calais                                      JUDGMENT OF THE COURT
               Région and the Département du Nord)
                                                                                                        (Fifth Chamber)
                             (2000/C 335/20)
                                                                                                    of 26 September 2000
                       (Language of the case: French)                         in Case C-322/98 (reference for a preliminary ruling from
                                                                              Landesarbeitsgericht Hamburg): Bärbel Kachelmann v
                                                                                             Bankhaus Hermann Lampe KG (1)
(Provisional translation; the definitive translation will be published
                                                                              (Social policy — Male and female workers — Access to
                      in the European Court Reports)
                                                                              employment and working conditions — Equal treatment —
                                                                                              Conditions governing dismissal)
In Case C-225/98: Commission of the European Communities
(Agent: M. Nolin) v French Republic (Agents: K. Rispal-                                                 (2000/C 335/21)
Bellanger and A. Viéville-Bréville) application for a declaration
that, in the course of the various procedures for the award of
                                                                                                 (Language of the case: German)
public works contracts for the construction and maintenance
of school buildings conducted by the Nord-Pas-de-Calais
Région and the Département du Nord over a period of three                     (Provisional translation; the definitive translation will be published
years, the French Republic has failed to fulfil its obligations                                  in the European Court Reports)
under Article 59 of the EC Treaty (now, after amendment,
Article 49 EC) as well as under Council Directive 71/305/EEC                  In Case C-322/98: reference to the Court under Article 177 of
of 26 July 1971 concerning the coordination of procedures                     the EC Treaty (now Article 234 EC) by the Audiencia Provincial