CELEX: C1996/064/21
Language: en
Date: 1996-03-02 00:00:00
Title: Reference for a preliminary ruling by the Conseil d'Etat du Royaume de Belgique by judgment of that court of 4 December 1995 in the case of Bic Benelux SA v. Belgian State in the person of the Finance Minister (Case C-13/96)

No C 64/ 10 .            EN                   Official Journal of the European Communities                                        2 . 3 . 96
Reference for a preliminary ruling by the Conseil d'Etat du                    large, but variable, proportion of the material which it
Royaume de Belgique by judgment of that court of                               broadcasts is of non-European origin if the national
4 December 1995 in the case of Bic Benelux SA v. Belgian                       court also finds that the body in question is based in the
          State in the person of the Finance Minister                          territory of the Member State in question and that the
                              Case C-13 /96 )                                  actual activities of programme management,
                                                                               composition and assembly are carried out there ?
                              ( 96/C 64/21
                                                                         2 . Assuming that broadcasts emanating from a television
Reference has been made to the Court of Justice of the                         broadcaster authorized by a Member State are not to be
European Communities by judgment of the Conseil d'Etat                         regarded as broadcasts transmitted by a broadcaster
( Council of State ) of the Kingdom of Belgium of 4 December                   under the jurisdiction of a Member State within the
1995 , which was received at the Court Registry on                             meaning of Directive 89/552/EEC, is another Member
19 January 1996 , for a preliminary ruling in the case of Bic                  State entitled — and, if so, on what conditions , regard
Benelux SA against Belgian State in the person of the Finance                  being had in particular to Article 59 et seq. of the Treaty
Minister on the following question :                                           — to prohibit or restrict their retransmission in a
                                                                               particular area ?
'Do the obligation to affix a particular distinctive sign on
products subject to a tax payable by reason of the ecological            3 . Should Article 2 of that Directive be interpreted as
damage they are deemed to cause, prior to the release of such                  meaning that, if a television broadcaster comes under
products on to the market, and the obligation to affix                         the jurisdiction of a Member State, another Member
another distinctive sign on products of the same type if they                  State is not entitled to oppose the retransmission in its
are exempt from that tax by virtue of diplomatic privilege,                    territory of television broadcasts transmitted by that
constitute " technical specifications " within the meaning of                  broadcaster even in the event that the rules laid down in
Article 1 ( 1 ) of Council Directive 83/ 189/EEC of 28 March                   Articles 4 and 5 of the Directive are not complied
1983 ( 1 ) laying down a procedure for the provision of                        with ?
information in the field of technical standards and
regulations, as amended by Council Directive 88/ 182/EEC                 ( 1 ) OJ No L 298 , p . 23 .
of 22 March 1988 ( 2 ), or " technical regulations " within the
meaning of Article 1 ( 5 ) of that Directive ?'
(') OJ No L 109 , p . 8 .
( 2 ) OJ No L 81 , p . 75 .
                                                                         Reference for a preliminary ruling from the Arbeitsgericht
                                                                         Hamburg by order of that court of 1 December 1995 in the
                                                                         case of Dr Kalliope Schoning-Kougebetopoulou v. Freie und
                                                                                                Hansestadt Hamburg
                                                                                                    ( Case C-15/96 )
Reference for a preliminary ruling from the Tribunal de                                                96 /C 64/23 )
Premiere Instance de Bruxelles by judgment of that court of
16 January 1996 in the criminal case of Procurateur du Roi,              Reference has been made to the Court of Justice of the
civil party: the Belgian State, in the persons of the Deputy             European Communities by order of the Arbeitsgericht
Prime Minister and the Minister for Communications and                   ( Labour Court ) Hamburg — Third Chamber — of
Public Undertakings and the Minister for Scientific Policy v.            1 December 1995 , received at the Court Registry on
                                Paul Denuit                              19 January 1996 , for a preliminary ruling in the case of Dr
                            ( Case C-14/96 )                             Kalliope Schoning-Kougebetopoulou v. Freie und
                                                                         Hansestadt Hamburg on the following questions :
                               ( 96/C 64/22 )
                                                                          1 . is there an infringement of Article 48 of the EC Treaty
Reference has been made to the Court of Justice of the                         and Article 7 ( 1 ) and ( 4 ) of Regulation ( EEC )
European Communities by judgment of the Tribunal de                            No 1612/68 of the Council on freedom of movement for
Premiere Instance de Bruxelles ( Court of First Instance,                      workers within the Community ( J ) where a collective
Brussels ) of 16 January 1996 , received at the Court Registry                 agreement for the public service provides for promotion
on 19 January 1996 , for a preliminary ruling in the criminal                  on grounds of seniority after eight years' service only in a
case of Procurateur du Roi, civil party: the Belgian State, in                 particular salary bracket provided for by the collective
the persons of the Deputy Prime Minister and the Minister                      wage agreement in force for all employees in the public
for Communications and Public Undertakings and the                             service of the Federal Republic of Germany ('the BAT')
Minister for Scientific Policy v. Paul Denuit on the following                 and therefore does not take account of comparable
questions :                                                                    activities carried out in the public service of another
                                                                               Member State of the EC ?
 1 . What conditions have to be met for a television
      broadcaster to be regarded as coming under the                     2 . If the reply to question 1 is in the affirmative :
      jurisdiction of a Member State within the meaning of
      Article 2 ( 1 ) of Council Directive 89/552/EEC (') of                    does Article 48 together with Regulation ( EEC )
       3 October 1989 ? To what extent is it relevant that a                   No 1612/68 of the Council on freedom of movement for