CELEX: C1995/286/01
Language: en
Date: 1995-10-28 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 September 1995 in Case C-396/93 P: Helmut Henrichs v. Commission of the European Communities (Appeal - Article 4 (4) and (6) of Regulation (Euratom, ECSC, EEC) No 2274/87 - Determination of the allowance provided for in Article 4 (1) - Exclusion from the Joint Sickness Insurance Scheme for Officials of the European Communities)

28 . 10 . 95           EN                  Official Journal of the European Communities                                 No C 286/ 1
                                                                   I
                                                            (Information)
                                              COURT OF JUSTICE
                                                         COURT OF JUSTICE
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                        ( Fifth Chamber)                                                     ( Fifth Chamber )
                     of 14 September 1995                                                 of 14 September 1995
in Case C-3 96/93 P: Helmut Henrichs v. Commission of the             in Joined Cases C-485/93 and C-486/93 (references for
                   European Communities (')                           a preliminary ruling from the Monomeles Diikitiko
                                                                      Protodikio of Rhodes and the Trimeles Diikitiko Protodikio
(Appeal — Article 4 (4) and (6) of Regulation (Euratom,
ECSC, EEC) No 2274/87 — Determination of the                                  of Rhodes ): Maria Simitzi v. Dimos Kos C )
allowance provided for in Article 4 (1) — Exclusion from              (Free movement ofgoods — Tax regime of the Dodecanese
the Joint Sickness Insurance Scheme for Officials of the              — Charge having an effect equivalent to a customs duty —
                    European Communities)                                       Temporal effects of a preliminary ruling)
                          ( 95/C 286/01 )                                                      ( 95/C 286/02 )
                (Language of the case: German)                                        (Language of the case: Greek)
(Provisional translation; the definitive translation will be
                                                                      (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                               published in the European Court Reports)
In Case C-396/93 P: Helmut Henrichs, a former member of
the temporary staff of the Commission of the European                 In Joined Cases C-485/93 and C-486/93 : references to
Communities, residing in Sankt Augustin ( Germany ),                  the Court under Article 177 of the EEC Treaty
represented by Frank Montag, of the Brussels Bar — appeal             by the Monomeles Diikitiko Protodikio ( Single-Judge
against the judgment of the Court of First Instance of the            Administrative Court of First Instance ) of Rhodes and the
European Communities (Third Chamber ) of 24 June 1993                 Trimeles Diikitiko Protodikio (Three-Judge Administrative
in Case T-92/91 , Henrichs v.             Commission [ 1993 ]         Court of First Instance ) of Rhodes for a preliminary ruling in
ECR 11-611 , seeking to have that judgment set aside, the             the proceedings pending before those courts between Maria
other party to the proceedings being Commission of the                Simitzi and Dimos Kos on the interpretation of the EEC
European Communities ( Agent: Gianluigi Valsesia, Legal               Treaty, in particular Articles 9 , 12, 13,16 and 95 , and on the
Adviser, assisted by Bertrand Wägenbaur, of the Brussels              interpretation of Article 33 of the Sixth Council Directive
Bar ) — the Court ( Fifth Chamber ), composed of C.                   ( 77/388/EEC ) of 17 May 1977 on the harmonization of the
Gulmann, President of the Chamber, P. Jann, J. C. Moitinho            laws of the Member States relating to turnover taxes —
de Almeida ( Rapporteur ), D. A. O. Edward and L. Sevón,              Common system of value added tax : uniform basis of
Judges; A. La Pergola, Advocate-General; L. Hewlett,                  assessment ( OJ 1977 L 145 , p. 1 ) — the Court ( Fifth
Administrator, for the Registrar, has given a judgment on             Chamber ), composed of C. Gulmann ( President of
 14 September 1995 , in which it:                                     Chamber ), J. C. Moitinho de Almeida, D. A. O. Edward
                                                                      ( Rapporteur ), J. -P. Puissochet and L. Sevón, Judges; G.
 1 . dismisses the appeal;                                            Tesauro, Advocate-General; H. A. Rühl, Registrar, has
                                                                      given a judgment on 14 September 1995 , in which it
                                                                      rules :
2 . orders the appellant to pay the costs.
( i ) OJ No C 274, 12 . 10 . 1993 .                                    1 . an ad valorem charge levied by a Member State on goods
                                                                           imported from another Member State by reason of their
                                                                           entry into a region of the first Member State 's territory