CELEX: C1997/054/03
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Case C-3/95 (reference for a preliminary ruling from the Landgericht Dortmund): Reisebüro Broede v. Gerd Sandker (Freedom to provide services - Judicial recovery of debts - Authorization - Article 59 of the EC Treaty)

No C 54/2             EN                    Official Journal of the European Communities                                     22 . 2 . 97
Bench Division) for a preliminary ruling in the                                      JUDGMENT OF THE COURT
proceedings pending before that court between the Queen                                          (Fifth Chamber)
and Secretary of State for Trade and Industry, Ex parte:
                                                                                             of 12 December 1996
British Telecommunications pic — on the interpretation
of Council Directive 90/387/EEC of 28 June                 1990        in Case C-3/95 (reference for a preliminary ruling from
on     the   establishment    of    the  internal   market    for      the Landgericht Dortmund ): Reisebiiro Broede v. Gerd
telecommunications services through the implementation                                                Sandker ( 1 )
of open network provision ( OJ No L 192, 24 . 7. 1990,
p. 1 ) and on the interpretation and validity of Council               (Freedom to provide services — Judicial recovery of debts
Directive 92/44/EEC of 5 June 1992 on the application of                     — Authorization — Article 59 of the EC Treaty)
open network provision to leased lines ( OJ No L 165 ,                                              ( 97/C 54/03 )
19 . 6 . 1992 , p. 27 ) — the Court, composed of: G. C.
Rodriguez Iglesias, President, G. F. Mancini and J. C.                                (Language of the case: German)
Moitinho de Almeida ( Presidents of Chambers ), C. N.
Kakouris, C. Gulmann, D. A. O. Edward, J. -P. Puissochet
( Rapporteur ), P. Jann and H. Ragnemalm, Judges; G.                     (Provisional translation; the definitive translation will be
Tesauro, Advocate-General; L. Hewlett, Administrator, for                       published in the European Court Reports)
the Registrar, gave a judgment on 12 December 1996 , the
operative part of which is as follows:                                 In Case C-3/95 : reference to the Court under Article 177
                                                                       of the EC Treaty by the Landgericht ( Regional Court )
                                                                       Dortmund ( Germany ), for a preliminary ruling in the
                                                                       proceedings pending before that court between Reisebiiro
                                                                       Broede and Gerd Sandker on the interpretation of the
1 . Council Directive 92/44/EEC of 5 June 1992 on the                  provisions of the EC Treaty relating to freedom to provide
     application of open network provision to leased lines             services, in particular Article 59 — the Court ( Fifth
     applies to telecomunications organizations within the             Chamber), composed of: J. C. Moitinho de Almeida,
     meaning of Article 2 (1 ) of Council Directive 90/387/            President of the Chamber, L. Sevon, D. A. O. Edward
     EEC of 28 June 1990 on the establishment of the                   ( Rapporteur ), P. Jann and M. Wathelet, Judges; N. Fenelly,
     internal market for telecommunications services
                                                                       Advocate-General ; H. A. Riihl , Principal Administrator,
     through the implementation of open network                        for the Registrar, has given a judgment on 12 December
    provision. Inter alia, the two undertakings to which a             1996 , in which it has ruled :
     Member State has reserved, otherwise than according
     to objective, proportional and non-discriminatory
     criteria, the operation of international and in                   Article 59 of the EC Treaty does not preclude a national
    particular intra- Community telecommunications lines               rule which prohibits an undertaking established in another
     and likewise the undertaking to which a Member State              Member State from securing judicial recovery of debts
     has reserved, on the same terms, the operation of a               owed to others on the ground that the exercise of that
    public telecommunications network in part of its                   activity in a professional capacity is reserved to the legal
     territory constitute telecommunications organizations             profession.
     within the meaning of that provision. A Member State
     is entitled to impose the obligations laid down in                (') OJ No C 54, 4 . 3 . 1995 .
    Article 7 of Directive 92/44/EEC on only some
     telecommunications          organizations,     since    the
     imposition of those obligations is sufficient to make
    available to users throughout the national territory a
     minimum number of leased lines complying with the
    specifications laid down by that Directive. In                                   JUDGMENT OF THE COURT
    particular, a Member State is entitled to impose the                                          ( First Chamber)
     obligations laid down in that provision on only those
     telecommunications organizations which are the                                          of 12 December 1996
    principal operators of telecommuncations lines in each             in Case C-38/95 (reference for a preliminary ruling from
     of the geographical areas comprising its territory.               the Corte d'Appello di Ancona ): Ministero delle Finanze v.
                                                                                              Foods Import Srl ( ] )
                                                                       (Common Customs Tariff — Tariff headings — Fish of
                                                                                            the Molva molva kind)
2 . Examination of the questions referred for a
    preliminary ruling has disclosed no factor capable of                                           ( 97/C 54/04 )
    affecting the validity of Directive 92/44/EEC.
                                                                                       (Language of the case: Italian)
(') OJ No C 380, 31 . 12 . 1994 .                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
                                                                       In Case C-38/95 : reference to the Court under Article 177
                                                                       of the EC Treaty by the Corte d'Appello di Ancona, for a