CELEX: C2000/335/09
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 14 September 2000 in Case C-384/98 (reference for a preliminary ruling from the Landesgericht St Pölten): D. v W. (Sixth VAT Directive — Exemption for medical care provided in the exercise of the medical and paramedical professions — Supply by a doctor approved as a court expert of an opinion in a paternity dispute)

25.11.2000               EN                       Official Journal of the European Communities                                               C 335/5
the Chamber, P.J.G. Kapteyn (Rapporteur) and H. Ragnemalm,                   of 17 May 1977 on the harmonisation of the laws of the
Judges; S. Alber, Advocate General; H. von Holstein, Deputy                  Member States relating to turnover taxes — Common system
Registrar, for the Registrar, has given a judgment on 14 Sep-                of value added tax: uniform basis of assessment (OJ 1977
tember 2000, in which it has ruled:                                          L 145, p. 1) — the Court, composed of: L. Sevón (Rapporteur),
                                                                             President of the First Chamber, acting for the President of the
1.    Articles 3(1) and 9 of Council Regulation (EEC) No 3508/92             Fifth Chamber, P.J.G. Kapteyn, P. Jann, H. Ragnemalm and
      of 27 November 1992 establishing an integrated adminis-                M. Wathelet, Judges; A. Saggio, Advocate General; H.A. Rühl,
      tration and control system for certain Community aid schemes,          Principal Administrator, for the Registrar, has given a judgment
      coupled with the general principles of Community law, allow            on 14 September 2000, in which it has ruled:
      the competent authority, after balancing the respective interests
      of the persons concerned, to disclose data relating to crops sown
      during the preceding years, and which have been supplied by or         Article 13A(1)(c) of the Sixth Council Directive (77/388/EEC) of
      on behalf of a former claimant for payment under the arable            17 May 1977 on the harmonisation of the laws of the Member
      area payment scheme, to a new farmer who has need of those             States relating to turnover taxes — Common system of value added
      data in order to be able to apply for such payments in respect of      tax: uniform basis of assessment is to be interpreted as meaning that
      the same fields and who is unable otherwise to obtain them.            it does not apply to services consisting, not in providing care to
                                                                             persons by diagnosing and treating a disease or any other health
2.    In the event of refusal to disclose the information requested, the     disorder, but in establishing the genetic affinity of individuals through
      competent authority cannot, on the basis of the information            biological tests. The fact that the doctor acting as expert was
      which it did not provide to the applicant at the time of the           instructed by a court is irrelevant in that regard.
      application, impose penalties on him under Article 9 of
      Commission Regulation (EEC) No 3887/92 of 23 December
                                                                             (1) OJ C 397 of 19.12.1998.
      1992 laying down detailed rules for applying the integrated
      administration and control system for certain Community aid
      schemes.
(1) OJ C 397 of 19.12.1998.
                                                                                               JUDGMENT OF THE COURT
                                                                                                        (Fifth Chamber)
                  JUDGMENT OF THE COURT
                                                                                                    of 14 September 2000
                           (Fifth Chamber)
                                                                             in Case C-16/99 (reference for a preliminary ruling from
                      of 14 September 2000
                                                                             the Cour Administrative): Ministre de la Santé v Jeff
                                                                                                           Erpelding (1)
in Case C-384/98 (reference for a preliminary ruling from
            the Landesgericht St Pölten): D. v W. (1)
                                                                             (Council Directive 93/16/EEC — Interpretation of Articles
                                                                             10 and 19 — Use of the title of specialist doctor in the host
(Sixth VAT Directive — Exemption for medical care provided
in the exercise of the medical and paramedical professions                   Member State by a doctor who has obtained in another
— Supply by a doctor approved as a court expert of an                        Member State a qualification not included as regards that
                                                                                       State on the list in Article 7 of the directive)
                  opinion in a paternity dispute)
                           (2000/C 335/09)                                                              (2000/C 335/10)
                   (Language of the case: German)                                                 (Language of the case: French)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)                           (Provisional translation; the definitive translation will be published
                                                                                                 in the European Court Reports)
In Case C-384/98: reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) from the Landesgericht St                 In Case C-16/99: reference to the Court under Article 177 of
Pölten (Austria) for a preliminary ruling in the proceedings                 the EC Treaty (now Article 234 EC) from the Cour Administrat-
pending before that court between D. and W., intervener:                     ive, Luxembourg, for a preliminary ruling in the proceedings
Osterreichischer Bundesschatz — on the interpretation of                     pending before that court between Ministre de la Santé and
Article 13A(1)(c) of the Sixth Council Directive (77/388/EEC)                Jeff Erpelding — on the interpretation of Council Directive