CELEX: C1995/101/02
Language: en
Date: 1995-04-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 9 March 1995 in Case C-345/93 (reference for a preliminary ruling from the Supremo Tribunal Administrativo): Fazenda Pública, Ministério Público v. Américo João Nunes Tadeu

22. 4. 95          | EN                 Official Journal of the European Communities                                No C 101 /1
                                                                I
                                                         (Information)
                                            COURT OF JUSTICE
                                                      COURT OF JUSTICE
             JUDGMENT OF THE COURT                                 2, orders the applicants to pay the costs.
                      of 7 March 1995
in Case C-130/91 REV: ISAE/VP (Instituto Social de Apoio           (!) OJ No C 165 , 25 . 6 . 1991 .
ao Emprego e à Valorização Profissional) and Interdata                 OJ No C 47, 21 . 2 . 1992 .
( Centro de Processamento de Dados Limidada) v.
       Commission of the European Communities ( a )
   (Application for revision — Manifest inadmissibility)
                        ( 95/C 101/01 )
                                                                                JUDGMENT OF THE COURT
            (Language of the case: Portuguese)                                             (Fifth Chamber)
                                                                                          of 9 March 1995
(Provisional translation; the definitive translation will be       in Case C-345/93 (reference for a preliminary ruling from
        published in the European Court Reports)                   the Supremo Tribunal Administrativo): Fazenda Pública,
                                                                      Ministério Público v. Américo João Nunes Tadeu ( J )
In Case C-130/91 REV: ISAE/VP (Instituto Social de Apoio                                     ( 95/C 101/02 )
ao Emprego e à Valorização Profissional ), a company
incorporated under Portuguese law and established in                           (Language of the case: Portuguese)
Lisbon, and Interdata ( Centro de Processamento de Dados
Limidada ), a company incorporated under Portuguese law
and established in Lisbon ( avocat: Agostinho Amado                (Provisional translation; the definitive translation will be
Rodrigues ) v. Commission of the European Communities                      published in the European Court Reports)
(Agent: Ana Maria Alves Vieira ) — application for revision
of the order of the Court of Justice of 14 January 1992 in         In Case C-345/93 : reference to the Court under Article 177
Case C-130/91 ISAE/VP and Interdata v. Commission
                                                                   of the EEC Treaty from the Tax Section of the Supremo
[ 1992] ECR 1-69 , — the Court, composed of: G. C.                 Tribunal Administrative ( Supreme Administrative Court),
Rodriguez Iglesias, President, F. A. Schockweiler, P. J. G.        Portugal, for a preliminary ruling in the proceedings
Kapteyn, C. Gulmann and P. Jann (Presidents of                     pending before that court between Fazenda Publica,
Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho          Ministério Público and Américo Joâo Nunes Tadeu — on
de Almeida, J. L. Murray (Rapporteur), D. A. O. Edward,            the interpretation of Articles 9, 12 and 95 of the EC Treaty
J.-P. Puissochet, G. Hirsch and H. Ragnemalm, Judges; P.           — the Court (Fifth Chamber), composed of: J. C. Moitinho
Léger, Advocate-General; R. Grass, Registrar, has given a          de Almeida, Judge, acting as President of the Fifth Chamber,
judgment in which it:                                              D. A. O. Edward and J.-P. Puissochet (Rapporteur), Judges;
                                                                   F. G. Jacobs, Advocate-General; L. Hewlett, Administrator,
                                                                   for the Registrar, has given a judgment on 9 March 1995 , in
1 , dismisses the application for revision as inadmissible;        which it rules :
 ---pagebreak--- No C 101/2             PEN                   Official Journal of the European Communities                                       22 . 4 . 95
1 , a motor vehicle tax applied without distinction to                        (a ) what if any temporal limitation is to be placed upon
      vehicles assembled or manufactured in the Member                              such invalidity and/or upon its effects ?
      State where it is levied and to both new and used
      imported vehicles is not a customs duty or a charge                     ( b) In the circumstances of this case, is a national
      having an effect equivalent thereto within the meaning                        competent authority prohibited by Community law
      of Articles 9 and 12 of the EC Treaty;                                        from enforcing a provision of domestic legislation
                                                                                    requiring health inspections at slaughterhouses to
                                                                                    be carried out by or under the supervision of
2, it is incompatible with Article 95 of the EC Treaty for a                        veterinary surgeons when that provision purports
      Member State to levy on second-hand cars from other                           to implement Directive 64/433/EEC as amended
      Member States a tax which, calculated without taking                          but which also has or purports to have another,
      the vehicle's actual depreciation into account, exceeds                       independent legal basis in national law ?
      the residual tax incorporated in the value of similar
      second-hand motor vehicles already registered in the
      national territory.                                               4. Is it contrary to Articles 39 and/or 40 ( 3 ) of the EC
                                                                              Treaty, or the general principles of equality and/or
                                                                              proportionality, for the costs of health inspections by
f 1 ) OJ No C 231 , 27. 8 . 1993 .                                            veterinary surgeons of animals intended for slaughter to
                                                                              be borne by the slaughterhouse at which the animals are
                                                                              to be slaughtered ?
                                                                        (!) OJ No L 121 , 29 . 7. 1964, p. 2012 .
                                                                        (2) OJ No L 268 , 24. 9 . 1991 , p. 69.
Reference for a preliminary ruling by the High Court of
Justice (England), Bristol Mercantile Court, by order of that
court of 20 January 1995 , in the case of Woodspring District
               Council against Bakers of Nailsea Ltd
                                                                        References for a preliminary ruling from the
                           (Case C-27/95 )                              Marknadsdomstolen by three decisions of that court of
                            ( 95/C 101/03 )                             7 February 1995 in the case of Konsumentombudsmannen
                                                                        v. De Agostini ( Svenska) Fôrlag AB and in the case of
                                                                             Konsumentombudsmannen v. TV-Shop i Sverige AB
Reference has been made to the Court of Justice of the
                                                                                     (Cases C-34/95 , C-35/95 and C-36/95 )
European Communities by an order of the High Court of
Justice ( England ), Bristol Mercantile Court, of 20 January                                      ( 95/C 101/04 )
1995 , which was received at the Court Registry on
6 February 1995 , for a preliminary ruling in the case of               References have been made to the Court of Justice of the
Woodspring District Council against Bakers of Nailsea Ltd,              European Communities by three decisions of the
on the following questions:                                             Marknadsdomstolen [Market Court] of 7 February 1994,
                                                                        which were received at the Court Registry on 1 3 February
                                                                        1995 , for a preliminary ruling in the case of
1 , is a private party in the circumstances of this case                Konsumentombudsmannen [Consumers' Ombudsman] v.
      entitled to rely in the national court upon Articles 39 and       De Agostini ( Svenska ) AB ( Case C-34/94 ) and in the cases of
      40 ( 3 ) of the EC Treaty, and/or the general principles of       Konsumentombudsmannen v,. TV-Shop i Sverige AB ( Cases
      proportionality and equal treatment, as grounds for               C-35/95 and C-36/95 ) on the following questions :
      challenging the validity of Community legislation ?
                                                                        are Article 30 or Article 59 of the Treaty or Directive
2. Is Council Directive 64/433/EEC of 26 June 1964 on                   89/552/EEC (*) of 3 October 1989 to be interpreted as:
      health problems affecting intra-Community trade in
      fresh meat (*) as amended and replaced by Council
      Directive 91 /497/EEC of 29 July 1991 amending and
                                                                        (a ) preventing a Member State from taking action against
      consolidating Directive 64/433/EEC on health problems
                                                                               television advertisements which an advertiser arranges
                                                                               to have broadcast from another Member State (in all
      affecting intra-Community trade in fresh meat to extend                  three cases );
      it to the production and marketing of fresh meat ( 2)
      invalid, having regard to Articles 39 and 40 ( 3 ) of the EC
      Treaty and the general principle of proportionality, in so        ( b ) precluding application of Article 11 ( 1 ) of the Radiolag
      far as it requires and/or permits Member States to                        ( 1966:755 ) prohibiting advertisements directed at
      require health inspections at slaughterhouses to be                      children (in Case C-34/95 only)?
      carried out by veterinary surgeons and/or in so far as it
      requires ante-mortem inspections to be carried out?               (!) OJ No L 298 , 17. 10 . 1989, p . 23 .
3 . If the answer to question 2 is in the affirmative: