CELEX: C1996/046/01
Language: en
Date: 1996-02-17 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 7 December 1995 in Case C-17/94 (reference for a preliminary ruling from the investigating magistrate of the Tribunal de Grande Instance, Bergerac): criminal proceedings against Denis Gervais and Others (Artificial insemination of animals of the bovine species - Territorial monopoly - Restrictions on activities of veterinary surgeons)

17 . 2 . 96            EN                 Official Journal of the European Communities                                  No C 46/ 1
                                                                  I
                                                           (Information)
                                              COURT OF JUSTICE
                                                        COURT OF JUSTICE
                JUDGMENT OF THE COURT                                Gulmann, P. Jann and L. Sevon, Judges; M. B. Elmer,
                        (Fifth Chamber)                              Advocate General; D. Louterman-Hubeau, Principal
                                                                     Administrator, for the Registrar, has given a judgment on
                      of 7 December 1995                             7 December 1995 , in which it rules :
in Case C-17/94 (reference for a preliminary ruling from the
investigating magistrate of the Tribunal de Grande Instance,
Bergerac): criminal proceedings against Denis Gervais and            1 . Articles 52 and 59 of the EC Treaty, Council Directive
                             Others ( J )                                78/1026/EEC of 18 December 1978 concerning the
                                                                         mutual recognition of diplomas, certificates and other
(Artificial insemination of animals of the bovine species —              evidence offormal qualifications in veterinary medicine,
 Territorial monopoly — Restrictions on activities of                    including measures to facilitate the effective exercise of
                      veterinary surgeons)                               the right of establishment and freedom to provide
                          ( 96/C 46/01 )                                 services, and Council Directive 78/1027/EEC of
                                                                         18 December 1978 concerning the coordination of
                 (Language of the case: French)                          provisions laid down by law, regulation or
                                                                         administrative action in respect of the activities of
(Provisional translation; the definitive translation will be             veterinary surgeons do not apply to situations which are
          published in the European Court Reports)                       purely internal to a Member State such as those of
                                                                         nationals of a Member State wishing to carry out the
In Case C-17/94 : reference to the Court under Article 177 of
                                                                         activity of artificial insemination within that State
                                                                         without having previously trained for or carried out that
the EC Treaty from the investigating magistrate of the                   activity in another Member State.
Tribunal de Grande Instance, Bergerac ( France ), for a
preliminary ruling in the criminal proceedings pending
before that court against Denis Gervais, Jean-Louis                  2 . Council Directive 77/504/EEC of 25 July 1977 on
Nougaillon, Christian Carrard and Bernard Horgue — on                    pure-bred breeding animals of the bovine species and
the interpretation of Articles 37, 52 and 59 of the EC Treaty            Council Directive 87/328/EEC of 18 June 1987 on the
and Council Directives 77/504/EEC of 25 July 1977 on                     acceptance for breeding purposes ofpure-bred breeding
pure-bred breeding animals of the bovine species ( OJ 1977               animals of the bovine species do not preclude national
L 206 , p. 8 ), 78/1026/EEC of 18 December 1978 concerning               legislation which gives insemination centres a territorial
the mutual recognition of diplomas, certificates and other               monopoly to practise artificial insemination while
evidence of formal qualifications in veterinary medicine,                making practice as an inseminator conditional upon the
including measures to facilitate the effective exercise of the           issue of a licence as head ofan insemination centre or as
right of establishment and freedom to provide services ( OJ              an inseminator and the issue of such a licence
 1978 L 362 , p. 1 ), 78/1027/EEC of 18 December 1978                    conditional upon the production of a certificate from a
concerning the coordination of provisions laid down by law,              director of an authorized artificial-insemination
regulation or administrative action in respect of the                    centre .
activities of veterinary surgeons ( OJ 1978 L 362 , p. 7) and
87/328/EEC of 18 June 1987 on the acceptance for breeding
purposes of pure-bred breeding animals of the bovine                 3 . Article 37 of the EC Treaty does not apply to a
species ( OJ 1987 L 167, p. 54 ) — the Court ( Fifth                     monopoly in the provision of services, even if such a
Chamber ), composed of D. A. O. Edward ( Rapporteur ),                   monopoly prohibits insemination by persons, even
President of the Chamber, J. C. Moitinho de Almeida, C.                  those duly qualified and with the relevant capacity,
 ---pagebreak--- No C 46/2           1 EN 1                 Official Journal of the European Communities                                   17 . 2 . 96
    other than the staff of the artificial-insemination centres       certain categories ofthose products, to the exclusion oflocal
    which enjoy the monopoly, provided that it does not               products in the same category.
    contravene the principle of the free movement of goods
    by discriminating against imported products to the
                                                                      (') OJ No C 90 , 26 . 3 . 1994 .
    advantage of products of domestic origin.
(') OJ No C 59 , 26 . 2 . 1994 .
                                                                                    JUDGMENT OF THE COURT
                                                                                           of 7 December 1995
               JUDGMENT OF THE COURT                                  in Case C-41/95 : Council of the European Union v.
                     of 7 December 1995                                                  European Parliament (*)
in Case C-45/94 (reference for a preliminary ruling from the                                        (Budget)
Tribunal Superior de Justicia, Andalusia ): Cámara de                                            ( 96/C 46/03 )
Comercio, Industria y Navegación, Ceuta v. Municipality of
                              Ceuta ( 1 )
(Free movement of goods — Act of Accession of the                                    (Language of the case: French)
Kingdom of Spain — Provisions applicable to Ceuta and
Melilla — Charge having an effect equivalent to a customs             (Provisional translation; the definitive translation will he
                                duty)                                         published in the European Court Reports)
                           ( 96/C 46/02 )
                                                                      In Case C-41 /95 : Council of the European Union ( Agents :
                (Language of the case: Spanish)                      Jean-Paul Jacqué, Felix van Craeyenest and Yves Crétien ) v.
                                                                     European Parliament (Agents : Gregorio Garzón Clariana,
(Provisional translation; the definitive translation will be          Christian Pennera and Peter Dyrberg) — application for the
          published in the European Court Reports)                    annulment of the act of the President of the European
                                                                      Parliament of 15 December 1994 declaring the final
                                                                      adoption of the general budget of the European Union for
In Case C-45/94 : reference to the Court under Article 177 of        the financial year 1995 ( OJ 1994 L 369 , p. 1 ) — the Court,
the EEC Treaty from the Tribunal Superior de Justicia ( High         composed of G. C. Rodriguez Iglesias, President, C. N.
Court of Justice ), Andalusia ( Spain ) for a preliminary ruling     Kakouris and G. Hirsch ( Presidents of Chambers ), F. A.
in the proceedings pending before that court between                  Schockweiler, J. C. Moitinho de Almeida, P. J. G. Kapteyn
Cámara de Comercio, Industria y Navegación, Ceuta and                 ( Rapporteur ), C. Gulmann, P. Jann, H. Ragnemalm, L.
municipality of Ceuta — on the interpretation of Article 25           Sevón and M. Wathelet, Judges; A. La Pergola, Advocate
of the Act concerning the conditions of accession of the              General; D. Louterman-Hubeau, Principal Administrator,
Kingdom of Spain and the Republic of Portugal and the                 for the Registrar, has given a judgment on 7 December
adjustments to the Treaties of 12 June 1985 ( OJ 1985 L 302,          1995, in which it:
p. 23 ), and of Protocol No 2 thereto, in conjunction with the
provisions of the EEC, now the EC, and ECSC Treaties
concerning the free movement of goods — the Court ( Fifth             1 . annuls the act of the President of the European
Chamber), composed of D. A. O. Edward ( Rapporteur),                      Parliament of 15 December 1994 declaring the final
President of the Chamber, J. -P. Puissochet, J. C. Moitinho               adoption of the general budget of the European Union
de Almeida, C. Gulmann and L. Sevón, Judges; G. Tesauro,                  for the financial year 1 995;
Advocate General; H. A. Rühl, Principal Administrator, for
the Registrar, gave a judgment on 7 December 1995 , the              2 . preserves the effects of the 1 995 budget, as published in
operative part of which is as follows :                                   the Official Journal of the European Communities, until
                                                                          the date of the final adoption of the budget;
The provisions of the Act concerning the conditions of
accession of the Kingdom of Spain and the Republic of
Portugal and the adjustments to the Treaties of 12 June               3 . dismisses the remainder of the action;
1 985 and of Protocol No 2 thereto, in conjunction with
Articles 9 and 12 of the EC Treaty or Article 4(a) of the             4 . orders the Parliament to pay the costs.
ECSC Treaty, or with Article 95 of the EC Treaty, preclude
the levying by a Member State of a charge which, although
having the appearance of internal taxation, is, either by             (') OJ No C 87, 8 . 4 . 1995 .
reason of the wording of the provisions imposing it or by
reason of the manner in which the administrative authority
applies it, such as to be levied upon imported products or