CELEX: C1997/252/17
Language: en
Date: 1997-08-16 00:00:00
Title: JUDGMENT OF THE COURT of 26 June 1997 in Case C-368/95 (reference for a preliminary ruling from the Handelsgericht Wien): Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v. Heinrich Bauer Verlag (Measures having equivalent effect - Distribution of periodicals - Competition games - National prohibition)

16 . 8 . 97          I EN I                Official Journal of the European Communities                                  No C 252/9
                JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                        (Sixth Chamber)                                                          of 26 June 1997
                        of 25 June 1997                               in Case C-368/95 (reference for a preliminary ruling
                                                                      from the Handelsgericht Wien): Vereinigte Familiapress
in Case C- 13 1/96 (reference for a preliminary ruling                Zeitungsverlags- und Vertriebs GmbH v. Heinrich Bauer
from the Bundessozialgericht): Carlos Mora Romero v.                                                 Verlag (')
          Landesversicherungsanstalt Rheinprovinz (')                 (Measures having equivalent effect — Distribution of
                                                                      periodicals — Competition games — National
(Workers — Equal treatment — Orphan 's benefits —
                                                                                                    prohibition)
                        Military service)
                                                                                                  ( 97/C 252/ 17 )
                           ( 97/C 252/16 )
                                                                                      (Language of the case: German)
                 (Language of the case: German)
                                                                        (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)                   In Case C-368/95 : reference to the Court under Article 177
                                                                      of the EC Treaty from the Handelsgericht Wien for a
                                                                      preliminary ruling in the proceedings pending before that
                                                                      court between Vereinigte Familiapress Zeitungsverlags­
In Case C-131 /96 : reference to the Court under Article 177          und vertriebs GmbH and Heinrich Bauer Verlag — on the
of the EC Treaty by the Bundessozialgericht for a                     interpretation of Article 30 of the EC Treaty — the Court,
preliminary ruling in the proceedings pending before that             composed of: G. C. Rodriguez Iglesias, President, G. F.
court between Carlos Mora Romero and Landesversiche­                  Mancini, J. C. Moitinho de Almeida and L. Sevón,
rungsanstalt Rheinprovinz — on the interpretation of                  Presidents of Chamber, C. N. Kakouris, P. J. G. Kapteyn,
Articles 6, 48 and 51 of the EC Treaty and Article 7 of               C. Gulmann, P. Jann, H. Ragnemalm, M. Wathelet
Regulation ( EEC ) No 1612/68 of the Council of                       ( Rapporteur ) and R. Schintgen, Judges; M. G. Tesauro,
 15 October 1968 1612/68 on freedom of movement for                   Advocate-General; H. von Holstein, Deputy Registrar, has
workers within the Community ( OJ, English Special                    given a judgment on 26 June 1997, in which it has ruled
                                                                      as follows :
Edition 1968 ( II ), p. 475 ) — the Court ( Sixth Chamber),
composed of: G. F. Mancini , President of the Chamber,
J. L. Murray, P. J. G. Kapteyn ( Rapporteur), G. Hirsch
and H. Ragnemalm, Judges; D. Ruiz-Jarabo Colomer,                     Article 30 of the EC Treaty is to be interpreted as not
Advocate-General; L. Hewlett, Administrator, for the                  precluding application of legislation of a Member State the
 Registrar, has given a judgment on 25 June 1997, in which            effect of which is to prohibit the distribution on its
 it has ruled :                                                       territory by an undertaking established in another Member
                                                                      State of a periodical produced in that latter State
                                                                       containing prize puzzles or competitions which are
                                                                       lawfully organized in that State, provided that that
Article 3 (1 ) of Regulation (EEC) No 1408/71 of the
                                                                      prohibition is proportionate to maintenance of press
                                                                      diversity and that that objective cannot be achieved by less
 Council of 14 June 1971 on the application of social
                                                                       restrictive means. This assumes, inter alia, that the
 security schemes to employed persons, to self-employed
                                                                       newspapers offering the chance of winning a prize in
persons and to members of their families moving within                games, puzzles or competitions are in competition with
 the Community, as amended and updated by Council
                                                                      small newspaper publishers who are deemed to be unable
 Regulation (EEC) No 2001 /83 of 2 June 1983, must be
 interpreted as meaning that where the legislation of a                to offer comparable prizes and the prospect of winning is
                                                                       liable to bring about a shift in demand. Furthermore, the
 Member State provides for extension of the right to
                                                                       national prohibition must not constitute an obstacle to the
 orphan 's benefit beyond the age of 25 for recipients of
                                                                       marketing of newspapers which, albeit containing prize
 benefits whose tranining has been interrupted by their
                                                                      games, puzzles or competitions, do not give readers
 military service, that State is required to assimilate
 military service in another Member State to military                  residing in the Member State concerned the opportunity to
                                                                       win a prize. It is for the national court to determine
 service under its own legislation.
                                                                       whether those conditions are satisfied on the basis of a
                                                                       study of the national press market concerned.
 (') OJ No C 180, 22 . 6 . 1996 .
                                                                       (') OJ No C 16 , 20 . 1 . 1996 .