CELEX: C1999/086/01
Language: en
Date: 1999-03-27 00:00:00
Title: JUDGMENT OF THE COURT of 19 January 1999 in Case C-348/96 (reference for a preliminary ruling from the Arios Pagos): criminal proceedings against Donatella Calfa (Public policy - Tourist from another Member State - Conviction for drug use - Exclusion for life from a Member State's territory)

27.3.1999            EN                  Official Journal of the European Communities                                        C 86/1
                                                                 I
                                                           (Information)
                                             COURT OF JUSTICE
                                                       COURT OF JUSTICE
              JUDGMENT OF THE COURT                                  justified on grounds of public policy, public security or
                    of 19 January 1999                               public health preclude legislation which, with certain
                                                                     exceptions, in particular where there are family reasons,
in Case C-348/96 (reference for a preliminary ruling from            requires a Member State's courts to order expulsion for
the Arios Pagos): criminal proceedings against Donatella             life from its territory of nationals of other Member States
                          Calfa (1)                                  found guilty on that territory of the offences of obtaining
                                                                     and being in posession of drugs for their own personal
(Public policy Ð Tourist from another Member State Ð                 use.
Conviction for drug use Ð Exclusion for life from a
                 Member State's territory)
                                                                     (1) OJ C 370, 7.12.1996.
                       (1999/C 86/01)
               (Language of the case: Greek)
 (Provisional translation; the definitive translation will be                      JUDGMENT OF THE COURT
         published in the European Court Reports)
                                                                                            (Sixth Chamber)
                                                                                           of 21 January 1999
In Case C-348/96: reference to the Court under Article 177
of the EC Treaty from the Arios Pagos (Supreme Court of              in Case C-54/95: Federal Republic of Germany v.
Cassation) (Greece) for a preliminary ruling in the                          Commission of the European Communities (1)
criminal proceedings pending before that court against
Donatella Calfa Ð on the interpretation of Articles 7, 8(1)          (Clearance of accounts Ð EAGGF Ð Disallowance of
and (2), 8a(1), 48, 52 and 59 of the EC Treaty and                                expenditure Ð 1991 financial year)
relevant Community directives relating to freedom of                                         (1999/C 86/02)
movement for persons and freedom to provide services Ð
the Court, composed of: G. C. Rodríguez Iglesias,
President, P. J. G. Kapteyn and P. Jann (Presidents of                              (Language of the case: German)
Chambers), C. Gulmann, J. L. Murray, D. A. O. Edward,
H. Ragnemalm (Rapporteur), L. Sevón, M. Wathelet, R.
Schintgen and K. M. Ioannou, Judges; A. La Pergola,
Advocate-General; H. von Holstein, Deputy Registrar, for               (Provisional translation; the definitive translation will be
the Registrar, has given a judgment on 19 January 1999,                       published in the European Court Reports)
in which it has ruled:
                                                                     In Case C-54/95: Federal Republic of Germany (Agents:
Articles 48, 52 and 59 of the EC Treaty and Article 3 of             Ernst Röder and Gereon Thiele) v. Commission of the
Council Directive 64/221/EEC of 25 February 1964 on                  European Communities (Agent: Klaus-Dieter Borchardt)
the coordination of special measures concerning the                  Ð application for annulment of Commission Decision
movement and residence of foreign nationals which are                94/871/EC of 21 December 1994 on the clearance of the