CELEX: C1995/087/02
Language: en
Date: 1995-04-08 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 23 February 1995 in Case C-334/93 (reference for a preliminary ruling from the Finanzgericht Düsseldorf): Bonapharma Arzneimittel GmbH v. Hauptzollamt Krefeld (EEC - Austria free-trade agreement - Concept of originating product - Protocol 3 - Methods of administrative cooperation - EUR.1 certificate)

8 . 4. 95           LEN                   Official Journal of the European Communities                                 No C 87/1
                                                                  I
                                                            (Information)
                                              COURT OF JUSTICE
                                                         COURT OF JUSTICE
               JUDGMENT OF THE COURT                                  interpreted as not precluding national rules which require
                       (Fourth Chamber)                               that nationals of that Member State hold a diploma in order
                                                                      to operate a hairdressing salon, while permitting
                     of 16 February 1995                              hairdressers who are nationals of other Member States to
in Joined Cases C-29/94, C-30/94, C-31/94, C-32/94,                   operate a hairdressing salon without holding such a diploma
C-33/94, C-34/94 and C-35/94 (reference for a preliminary             and without being obliged to entrust its operation to a
ruling from the Tribunal de Grande Instance de                        manager holding that diploma.
Charleville-Mézières (France)): Criminal proceedings
against Jean-Louis Aubertin, Bernard Collignon, Guy                   (!) OJ No C 76, 12 . 3 . 1993 .
Creusot, Isabelle Diblanc, Gilles Josse, Jacqueline Martin,           (2 ) OJ No L 218 , 27. 7. 1982, p. 24 .
                     Claudie Normand ( 1 )
       (Hairdressers — Council Directive 82/489/EEC)
                          ( 95/C 87/01 )
                (Language of the case: French)                                      JUDGMENT OF THE COURT
                                                                                              (Fifth Chamber)
(Provisional translation; the definitive translation will be                               of 23 February 1995
          published in the European Court Reports)
                                                                      in Case C-334/93 (reference for a preliminary ruling from
                                                                      the Finanzgericht Diisseldorf): Bonapharma Arzneimittel
In Joined Cases C-29/94, C-30/94, C-31/94, C-32/94,                                GmbH v. Hauptzollamt Krefeld ( ! )
C-33/94, C-34/94 and C-35/94: reference to the Court                  (EEC — Austria free-trade agreement — Concept of
under Article 177 of the EC Treaty from the Tribunal de               originating product — Protocol 3 — Methods of
Grande Instance (Regional Court), Charleville-Mezieres                      administrative cooperation — EUR.l certificate)
( France ), for a preliminary ruling in the criminal
                                                                                                ( 95/C 87/02
proceedings pending before that court against Jean-Louis
Aubertin, Bernard Collignon, Guy Creusot, Isabelle
Diblanc, Gilles Josse, Jacqueline Martin, Claudie Normand                            (Language of the case: German)
— on the interpretation of Council Directive 82/489/EEC of
 19 July 1982 laying down measures to facilitate the effective        (Provisional translation; the definitive translation will be
exercise of the right of establishment and freedom to                          published in the European Court Reports)
provide services in hairdressing (2 ) — the Court (Fourth
Chamber), composed of P.J.G. Kapteyn, President of the                In Case C-334/93 : reference to the Court under Article 177
Chamber, C.N. Kakouris ( Rapporteur), and J.L. Murray,
Judges; C.O. Lenz, Advocate-General; R.Grass, Registrar,              of the EEC Treaty by the Finanzgericht (Finance Court),
gave a judgment on 16 February 1995 , the operative part of           Diisseldorf, Germany for a preliminary ruling in the
which is as follows :                                                 proceedings pending before that court between
                                                                      Bonapharma Arzneimittel GmbH and Hauptzollamt
                                                                      Krefeld, on the interpretation of the Agreement between the
Community law, in particular Council Directive                        European Economic Community and the Republic of
 82/489/EEC of 19 July 1982 laying down measures to                   Austria, signed in Brussels on 22 July 1972 and approved by
facilitate the effective exercise of the right of establishment       Council Regulation (EEC) No 2836/72 of 19 December
and freedom to provide services in hairdressing, must be               1972 concluding an Agreement between the European
 ---pagebreak---  No C 87/2              EN                 Official Journal of the European Communities                                   8 . 4 . 95
 Economic Community and the Republic of Austria and                   obligations under the EEC Treaty and in particular under
 adopting provisions for their implementation (2), in                 Commission Decision 90/224/EEC of 24 May 1989 on aid
 particular Protocol 3 annexed thereto concerning the                 granted by the Italian Government to Aluminia and Comsal,
 definition of the concept of 'originating products' and              two State-owned undertakings in the aluminium
 methods of administrative cooperation — the Court (Fifth             industry (2) — the Court ( Sixth Chamber), composed of
 Chamber), composed of C. Gulmann, President of the                   F.A. Schockweiler (Rapporteur), President of the Chamber,
 Chamber, J.C. Moitinho de Almeida and D.A.O. Edward                  G.F. Mancini, C.N. Kakouris, J.L. Murray and G. Hirsch,
 ( Rapporteur), Judges; C.O. Lenz, Advocate-General; H. von          Judges; F.G. Jacobs, Advocate-General; R. Grass, Registrar,
 Holstein, Deputy Registrar, for the Registrar, gave a                gave a judgment on 23 February 1995, in which it:
judgment on 23 February 1995, the operative part of which
 is as follows:
                                                                      1 . declares that by not ordering the recovery of aid
                                                                             improperly paid in 1987 to the Aluminia undertaking
It is permissible to dispense with production of the                         and the Comsal undertaking, part of the EFIM group,
 documents mentioned in Title II of Protocol 3 to the                        the Italian Republic has failed to comply with its
EEC-Austria Agreement in the version contained in Council                    obligations under the EEC Treaty and in particular
Regulation (EEC) No 1598/88 of 24 May 1988 on the                            under Commission Decision 90/224/EEC of 24 May
application of Decision No 1 /88 of the EEC-Austria Joint                    1989 on aid granted by the Italian Government to
 Committee amending Protocol 3 concerning the definition                     Aluminia and Comsal, two State-owned undertakings in
of the concept of 'originating products ' and methods of                     the aluminium industry;
administrative cooperation, where the origin ofthe goods in
issue has been established beyond doubt on the basis of
objective evidence which could not have been manipulated              2. orders the Italian Republic to pay the costs.
or falsified by those involved, where both the importer and
the exporter concerned took the steps necessary to obtain             i 1 ) OJ No C 231 , 27. 8 . 1993 .
the documents referred to in the Protocol, and where it was           (2) OJ No L 118, 9. 5 . 1990, p. 42.
for reasons beyond their control, such as anticompetitive
conduct by other persons concerned contrary both to the
objective and the terms of the Agreement, that it was
impossible for them to produce those documents.
0 ) OJ No C 215, 10 . 8 . 1993 .
(2 ) OJ No L 300 , 31 . 12 . 1972, p. 1 .                                             JUDGMENT OF THE COURT
                                                                                            of 23 February 1995
                                                                     in Joined Cases C-358/93 and C-416/93 (references for a
                                                                     preliminary ruling from the Juzgado Central de lo Penal de
                                                                     la Audiencia Nacional): criminal proceedings against Aldo
                                                                     Bordessa and against Vicente Mari Mellado, Concepción
                                                                                             Barbero Maestre l 1 )
               JUDGMENT OF THE COURT                                  (Council Directive 88/361/EEC — National authorization
                         ( Sixth Chamber)                                   for the transfer of money in the form of banknotes)
                     of 23 February 1995                                                          ( 95/C 87/04 )
in    Case   C-349/93 : Commission of the European
             Communities v. Italian Republic (*)                                       (Language of the case: Spanish)
(State aid — Commission decision ordering recovery ofaid
                      — Non-compliance)
                                                                     (Provisional translation: the definitive translation will be
                            ( 95/C 87/03 )
                                                                                 published in the European Court Reports)
                (Language of the case: Italian)                      In Joined Cases C-358/93 and C-416/93 : references to the
                                                                     Court under Article 1 77 of the EEC Treaty from the Juzgado
(Provisional translation; the definitive translation will be         Central de lo Penal de la Audiencia Nacional (National High
         published in the European Court Reports)                    Court) for a preliminary ruling in the criminal proceedings
                                                                     pending before that court against Aldo Bordessa ( Case
                                                                     C-358/93 ) and Vicente Man Mellado, Conception Barbero
In Case C-349/93 : Commission of the European                        Maestre ( Case C-416/93 ) — on the interpretation of
Communities (Agents: Antonino Abate and Vittorio Di                  Articles 30 and 59 of the EEC Treaty, and Articles 1 and 4 of
Bucci ) v. Italian Republic (Agent: Luigi Ferrari Bravo) —           Council Directive 88/361/EEC of 24 June 1988 for the
application for a declaration that by not ordering the               implementation of Article 67 of the Treaty (2) — the Court,
repayment of aid improperly paid in 1987 to the Aluminia             composed of G.C. Rodriguez Iglesias, President, F.A.
undertaking and the Comsal undertaking, part of the EFIM             Schockweiler and P.J.G. Kapteyn ( Rapporteur), (Presidents
group, the Italian Republic has failed to comply with its            of Chambers ), G.F. Mancini, C.N. Kakouris, J.C. Moitinho