CELEX: C1997/252/24
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT of 9 July 1997 in Case C-222/95 (reference for a preliminary ruling made by the French Cour de Cassation): Société Civile Immobilière Parodi v. Banque H. Albert de Bary et Cie (Free movement of capital - Freedom to provide services - Credit institutions - Grant of a mortgage loan - Authorization requirement in the Member State in which the service is provided)

16 . 8 . 97             EN                  Official Journal of the European Communities                                 No C 252/ 13
2 . On a proper construction of Article 30 of the EC                   preliminary ruling in the proceedings pending before that
     Treaty, a Member State is not precluded from taking,              court between Societe Civile Immobiliere Parodi and
     on the basis of provisions of its domestic legislation,           Banque H. Albert de Bary et Cie — on the interpretation
     measures against an advertiser in relation to television          of Articles 59 and 61 (2 ) of the EEC Treaty — the Court,
     advertising, provided that those provisions affect in             composed of: G. F. Mancini, President of the Second and
     the same way, in law and in fact, the marketing of                Sixth Chambers, acting for the President, J. C. Moitinho
     domestic products and of those from other Member                  de Almeida, J. L. Murray and L. Sevon ( Presidents of
     States, are necessary for meeting overriding                      Chambers ), C. N. Kakouris, C. Gulmann, D. A. O.
     requirements of general public importance or one of               Edward, J.-P. Puissochet, P. Jann, H. Ragnemalm
     the aims laid down in Article 36 of the EC Treaty, are            ( Rapporteur ) and M. Wathelet, Judges; M. B. Elmer,
     proportionate for that purpose, and those aims or                 Advocate-General ; H. von Holstein, Deputy Registrar, for
     overriding requirements could not be met by measures              the Registrar, has given a judgment on 9 July 1997, the
     less restrictive of intra-Community trade.                        operative part of which is as follows :
3 . On a proper construction of Article 59 of the EC                    With regard to the period preceding the entry into force of
      Treaty, a Member State is not precluded from taking,             Second Council Directive 89/646/EEC of 15 December
     on the basis of provisions of its domestic legislation,           1989 on the coordination of laws, regulations and
     measures against an advertiser in relation to television          administrative provisions relating to the taking up and
     advertising. However, it is for the national court to             pursuit of the business of credit institutions and amending
     determine whether those provisions are necessary for              Directive 77/780/EEC, Article 59 of the EEC Treaty must
     meeting overriding requirements of general public                 be construed as precluding a Member State from requiring
     importance or one of the aims stated in Article 56 of             a credit institution already authorized in another Member
                                                                       State to obtain an authorization in order to be able to
     the EC Treaty, whether they are proportionate for that
     purpose and whether those aims or overriding                      grant a mortgage loan to a person resident within its
     requirements could be met by measures less restrictive            territory, unless that authorization:
     of intra-Community trade.
                                                                       — is required of every person or company pursuing such
                                                                            an activity within the territory of the Member State of
4 . Directive 89/552/EEC is to be interpreted as                            destination,
     precluding the application to television broadcasts
     from other Member States of a provision of a domestic             — is justified on grounds of public interest, such as
      broadcasting law which provides that advertisements                   consumer protection, and
      broadcast in commercial breaks on television must not
      be designed to attract the attention of children under
      12 years of age.                                                 — is objectively necessary to ensure compliance with the
                                                                            rules applicable in the sector under consideration and
                                                                            to protect the interests which those rules are intended
H OJ No C 101 , 22 . 4 . 1995 .                                             to safeguard, and the same result cannot be achieved
                                                                            by less restrictive rules.
                                                                       (') OJ No C 208 , 2 . 9 . 1995 .
                JUDGMENT OF THE COURT
                          of 9 July 1997
in Case C-222/95 (reference for a preliminary ruling made                                 ORDER OF THE COURT
by the French Cour de Cassation ): Société Civile                                                of 30 June 1997
 Immobilière Parodi v. Banque H. Albert de Bary et Cie (')
                                                                       in Case C-66/97 ( reference for a preliminary ruling from
(Free movement of capital — Freedom to provide services                the Tribunal Cível da Comarca de Lisboa): Banco de
— Credit institutions — Grant of a mortgage loan —                     Fomento e Exterior SA v. Amândio Maurício Martins
Authorization requirement in the Member State in which                 Pechim, Maria da Luz Lima Barros Raposo Pechim and
                      the service is provided)                                  Confecções Têxteis de Vouzela Ld? ( CTV) (')
                           ( 97/C 252/24 )                                   (Reference for a preliminary ruling — Inadmissible)
                                                                                                  ( 97/C 252/25 )
                  (Language of the case: French)
                                                                                     (Language of the case: Portuguese)
   (Provisional translation; the definitive translation will be           (Provisional translation; the definitive translation will be
           published in the European Court Reports)                               published in the European Court Reports)
In Case C-222/95 : reference to the Court under Article 177             In Case C- 66/97: reference to the Court under Article 177
of the EC Treaty by the French Cour de Cassation for a                  of the EC Treaty from the Tribunal Civel da Comarca de