CELEX: C1997/142/02
Language: en
Date: 1997-05-10 00:00:00
Title: JUDGMENT OF THE COURT (First Chamber) of 13 March 1997 in Case C-358/95 (reference for a preliminary ruling from the Pretura di Pordenone): Tommaso Morellato v. Unità Sanitaria Locale (USL) No 11, Pordenone (Articles 30 and 36 of the Treaty - Composition of bread - Maximum moisture content, minimum ash content and prohibition of certain ingredients)

10 . 5 . 97            EN                 Official Journal of the European Communities                                   No C 142/ 1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  schemes to employed persons, to self-employed persons
                         (Fifth Chamber)                              and to members of their families moving within the
                                                                      Community, as amended and updated by Council
                        of 13 March 1997                              Regulation (EEC) No 2001 /83 of 2 June 1983 relating to
in Case C-131/95 ( reference for a preliminary ruling from            unemployment benefit, and in particular Article 71 (1 )
the Nederlandse Raad van State ): P. J. Huijbrechts v.                (a) (ii), read in conjunction with Article 13, are to be
Commissie voor de Behandeling van Administratieve Ge­                 interpreted as meaning that where, in the State of last
schillen ingevolge Artikel 41 der Algemene Bijstandswet in            employment, the grant of an allowance following on from
                de Provincie Noord-Brabant (M                         an unemployment benefit is made subject to the condition
                                                                      that the frontier worker concerned has received
(Social security — Wholly unemployed frontier worker —                unemployment benefit for a given period, that State is
 Unemployment benefits in the competent Member State —                required to take into account unemployment benefit
                Regulation (EEC) No 1408/71)                          received by that worker in the State in which he resides in
                          ( 97/C 142/01 )
                                                                      accordance with Article 71 (1 ) (a) (ii), as though that
                                                                      benefit had been received in the former State.
                 (Language of the case: Dutch)                        (') OJ No C 159, 24 . 6 . 1995 .
  (Provisional translation; the definitive translation will be
           published in the European Court Reports)
In Case C- 13 1 /95 : reference to the Court under Article 177
of the EC Treaty from the Nederlandse Raad van State                                 JUDGMENT OF THE COURT
( State Council, Netherlands), for a preliminary ruling in                                     ( First Chamber)
the proceedings pending before that court between P. J.
                                                                                             of 13 March 1997
Huijbrechts and Commissie voor de Behandeling van Ad­
ministratieve Geschillen ingevolge Artikel 41 der Algemene            in Case C-358/95 (reference for a preliminary ruling from
Bijstandswet in de Provincie Noord-Brabant — on the                   the Pretura di Pordenone ): Tommaso Morellato v. Unità
interpretation of Article 67 of Council Regulation ( EEC )                     Sanitaria Locale (USL) No 11 , Pordenone (')
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons, to self-employed                (Articles 30 and 36 of the Treaty — Composition of bread
persons and to members of their families moving within                — Maximum moisture content, minimum ash content and
the Community, as amended and updated by Council                                    prohibition of certain ingredients)
Regulation ( EEC ) No 2001/83 of 2 June 1983 ( OJ No                                             ( 97/C 142/02 )
L 230, 22 . 8 . 1983 , p. 6 ), and Article 6 of the EC Treaty
— the Court ( Fifth Chamber ), composed of: J. C.
Moitinho de Almeida , President of the Chamber, D. A. O.                               (Language of the case: Italian)
Edward ( Rapporteur), J. -P. Puissochet, P. Jann and M.
Wathelet, Judges; A. La Pergola, Advocate-General; L.
Hewlett, Administrator, for the Registrar, has given a                  (Provisional translation; the definitive translation will be
judgment on 13 March 1997, in which it has ruled:                               published in the European Court Reports)
 The provisions of Council Regulation (EEC) No 1408/71                In Case C-358/95 : reference to the Court under Article 177
of 14 June 1971 on the application of social security                 of the EC Treaty from the Pretura di Pordenone ( Italy ) for
 ---pagebreak--- No C 142/2               EN                  Official Journal of the European Communities                                     10 . 5 . 97
a preliminary ruling in the proceedings pending before                  provisions for the implementation of Regulation ( EEC )
that court between Tommaso Morellato and Unità Sanita­                  No 1999/85 on inward processing relief arrangements ( OJ
ria    Locale    (USL )     No    11 ,  Pordenone    —   on   the       No L 351 , 12 . 12 . 1986 , p. 1 ) — the Court ( Fifth
interpretation of Articles 30 and 36 of the EC Treaty —                 Chamber ), composed of: J. C. Moitinho de Almeida,
the Court ( First Chamber ), composed of: L. Sevón,                     President of the Chamber, C. Gulmann ( Rapporteur ),
President of the Chamber, D. A. O. Edward ( Rapporteur )                D. A. O. Edward, J. -P. Puissochet and M. Wathelet,
and P. Jann, Judges; D. Ruiz-Jarabo Colomer, Advocate­                  Judges; D. Ruiz-Jarabo Colomer, Advocate-General; L.
General ; R. Grass, Registrar, has given a judgment on                  Hewlett, Administrator, for the Registrar, has given a
 13 March 1997, in which it has ruled:                                  judgment on 13 March 1997, in which it has ruled :
 1 . The application to products lawfully manufactured                  Consideration of Council Regulation (EEC) No 3677/86
     and marketed in other Member States of national                    of 24 November 1986 laying down provisions for the
     legislation prohibiting the marketing of bread with a              implementation of Regulation (EEC) No 1999/85 on
     moisture content exceeding 34% or an ash content                   inward processing relief arrangements has not, in the light
     lower than 1,40% or containing bran constitutes a                  of the order for reference, disclosed any factor of such a
     measure having an effect equivalent to a quantitative              kind as to affect its validity.
     restriction within the meaning of Article 30 of the EC
     Treaty and is not justified under Article 36 of the                (') OJ No C 158 , 1 . 6 . 1996 .
     Treaty by the need to protect public health.
2 . The national court is under a duty to give full effect to
     Article 30 of the Treaty by disapplying on its own
     initiative provisions of national law conflicting with it.
                                                                                      JUDGMENT OF THE COURT
(') OJ No C 16 , 20 . 1 . 1996 .                                                                  (Fifth Chamber)
                                                                                                 of 13 March 1997
                                                                        in   Case   C-197/96: Commission of the European
                                                                                    Communities v. French Republic (')
                                                                        (Failure of a Member State to fulfil its obligations —
                                                                        Equal treatment for men and women — Prohibition of
                JUDGMENT OF THE COURT                                                                 nightwork)
                          ( Fifth Chamber)
                                                                                                   ( 97/C 142/04 )
                         of 13 March 1997
in Case C-103/96 (reference for a preliminary ruling from                               (Language of the case: French)
the Tribunal d'Instance, Lille ): Directeur Général des
  Douanes et Droits Indirects v. Eridania Beghin-Say SA (')
(Customs duties — Inward processing arrangements —                        (Provisional translation; the definitive translation will be
Equivalent compensation system — Cane sugar and beet                             published in the European Court Reports)
                                 sugar)
                            ( 97/C 142/03 )
                                                                        In Case C-197/96 : Commission of the European
                                                                        Communities ( Agent: Marie Wolfcarius ) v. French
                                                                        Republic ( Agents : Catherine de Salins and Claude
                 (Language of the case: French)                         Chavance ) — application for a declaration that by
                                                                        maintaining in force Article L 213-1 of the Code du
                                                                        Travail prohibiting nightwork by women in industry
                                                                        whereas no such prohibition exists in relation to men, the
  (Provisional translation; the definitive translation will be          French Republic has failed to fulfil its obligations under
          published in the European Court Reports)                      Article   5  (1)   of Council       Directive 76/207/EEC of
                                                                        9 February 1976 on the implementation of the principle of
                                                                        equal treatment for men and women as regards access to
In Case C-103/96 : reference to the Court under Article 177             employment, vocational training and promotion, and
of the EC Treaty from the Tribunal d'Instance ( District                working conditions ( OJ No L 39 , 14 . 2 . 1976 , p. 40 ) —
Court), Lille, for a preliminary ruling in the proceedings              the Court ( Fifth Chamber ), composed of: J. C. Moitinho
pending before that court between Directeur General des                 de Almeida, President of the Chamber, L. Sevón, D. A. O.
Douanes et Droits Indirects and Eridania Beghin-Say SA                  Edward ( Rapporteur), J. -P. Puissochet and P. Jann, Judges;
— on the validity of Article 9 of Council Regulation                    G. Tesauro, Advocate-General; R. Grass, Registrar, has
( EEC ) No 3677/86 of 24 November 1986 laying down                      given a judgment on 13 March 1997, in which it: