CELEX: C2003/124/05
Language: en
Date: 2003-05-24 00:00:00
Title: Case C-96/03: Reference for a preliminary ruling by the College van Beroep voor het Bedrĳfsleven by judgment of that Court of 7 January 2003 in the proceedings between A. Tempelman and Directeur van de Rĳksdienst voor de keuring van Vee en Vlees

24.5.2003               EN                         Official Journal of the European Union                                        C 124/3
2.     Order the Kingdom of Spain to pay the costs.                        2.    Does Directive 85/511/EEC (1), as amended by Directive
                                                                                 90/423/EEC (2), afford the Member States scope to (order
                                                                                 or) take supplementary national measures to control foot-
                                                                                 and-mouth disease?
Pleas in law and main arguments
                                                                           3.    What limits does Community law place on a Member
—      Incorrect implementation of Article 5 of the Directive.                   State with regard to taking supplementary national
       The Law transposing Article 5 of Directive 93/13/EEC                      measures other than those provided for in Directive 85/
       into Spanish law fails to mention that the rule that the                  511/EEC, as amended by Directive 90/423/EEC?
       interpretation that is the most favourable to the consumer
       is to prevail is not to apply in the context of the
       procedures laid down in Article 7(2) of the Directive               (1 ) OJ L 315 [1985], p. 11.
       (prohibitory actions). Thus a situation is created in which         (2 ) OJ L 224 [1990], p. 13.
       consumers run the risk that the interpretation rule may
       go counter to their interests, inasmuch as it will be an
       obstacle to the removal from contracts with consumers,
       by means of a prohibitory action, unclear terms which,
       according to a ‘normal’ interpretation, are unfair;
—      incorrect implementation of Article 6(2) of the Directive:
       by referring to the provision ‘in Article 5 of the 1980
       Rome Convention on the Law applicable to Contractual                Reference for a preliminary ruling by the College van
       Obligations’, the Spanish Law limits the protection offered         Beroep voor het Bedrijfsleven by judgment of that Court
       by the Directive to consumers, by introducing a twofold             of 7 January 2003 in the proceedings between Mr and
       restriction. Thus, the Directive provides for the protection        Mrs T.H.J.M. van Schajk and Directeur van de Rijksdienst
       of all consumers in all contracts concluded with a seller                          voor de keuring van Vee en Vlees
       or supplier, whereas the Spanish Law provides such
       protection only for certain types of contract and only
                                                                                                      (Case C-97/03)
       where certain conditions are satisfied, a twofold restric-
       tion prohibited by the Directive.
                                                                                                     (2003/C 124/06)
( 1) Council Directive 93/13/EEC of 5 April 1993 on unfair terms in
     consumer contracts (OJ L 95 of 21.4.1993, p. 29).
                                                                           Reference has been made to the Court of Justice of the
                                                                           European Communities by judgment of the College van Beroep
                                                                           voor het Bedrijfsleven (Administrative Court for Trade and
                                                                           Industry) of 7 January 2003, received at the Court Registry on
                                                                           4 March 2003, for a preliminary ruling in the proceedings
                                                                           between Mr and Mrs T.H.J.M. van Schajk and Directeur van de
Reference for a preliminary ruling by the College van                      Rijksdienst voor de keuring van Vee en Vlees on the following
Beroep voor het Bedrijfsleven by judgment of that Court                    questions:
of 7 January 2003 in the proceedings between A. Tempel-
man and Directeur van de Rijksdienst voor de keuring
                         van Vee en Vlees                                  1.    May a Member State derive from Community law the
                                                                                 power to decide to kill animals which are suspected of
                                                                                 being infected or contaminated with the foot-and-mouth
                           (Case C-96/03)                                        virus?
                          (2003/C 124/05)                                  2.    Does Directive 85/511/EEC (1), as amended by Directive
                                                                                 90/423/EEC (2), afford the Member States scope to (order
                                                                                 or) take supplementary national measures to control foot-
                                                                                 and-mouth disease?
Reference has been made to the Court of Justice of the
European Communities by judgment of the College van Beroep
voor het Bedrijfsleven (Administrative Court for Trade and                 3.    What limits does Community law place on a Member
                                                                                 State with regard to taking supplementary national
Industry) of 7 January 2003, received at the Court Registry on
                                                                                 measures other than those provided for in Directive 85/
4 March 2003, for a preliminary ruling in the proceedings
between A. Tempelman and Directeur van de Rijksdienst voor                       511/EEC, as amended by Directive 90/423/EEC?
de keuring van Vee en Vlees on the following questions:
                                                                           (1 ) OJ L 315 [1985], p. 11.
1.     May a Member State derive from Community law the                    (2 ) OJ L 224 [1990], p. 13.
       power to decide to kill animals which are suspected of
       being infected or contaminated with the foot-and-mouth
       virus?