CELEX: C2001/200/37
Language: en
Date: 2001-07-14 00:00:00
Title: Judgment of the Court of 31 May 2001 in Joined Cases C-122/99 P and C-125/99 P: D and Kingdom of Sweden v Council of the European Union (Appeal — Official — Household allowance — Married official — Registered partnership under Swedish law)

14.7.2001                 EN                     Official Journal of the European Communities                                           C 200/21
                  JUDGMENT OF THE COURT                                     2.    That may be proved in accordance with the rules of the domestic
                                                                                  legal system of the Member State concerned, provided that those
                                                                                  rules are not less favourable than those governing similar
                           (Sixth Chamber)                                        domestic actions and do not render virtually impossible or
                                                                                  excessevely difficult the exercise of rights conferred by Com-
                                                                                  munity law.
                            of 17 May 2001
in Case C-340/99 (reference for a preliminary ruling from                   (1) OJ C 352 of 4.12.1999.
the Tribunale civile di Genova): TNT Traco SpA v Poste
                            Italiane SpA (1)
(Articles 86 and 90 of the EC Treaty (now Articles 82 EC
and 86 EC) — Postal services — National legislation making
the supply of express mail services by undertakings other
than the one responsible for operating the universal service
subject to payment of the postal dues normally applicable to
the universal service — Allocation of the proceeds of those
dues to the undertaking with the exclusive right to operate                                   JUDGMENT OF THE COURT
                         the universal service)
                                                                                                       of 31 May 2001
                           (2001/C 200/36)
                                                                            in Joined Cases C-122/99 P and C-125/99 P: D and
                                                                             Kingdom of Sweden v Council of the European Union (1)
                     (Language of the case: Italian)
                                                                            (Appeal — Official — Household allowance — Married
                                                                                official — Registered partnership under Swedish law)
(Provisional translation; the definitive translation will be published
                    in the European Court Reports)
                                                                                                       (2001/C 200/37)
In Case C-340/99: reference to the Court under Article 234
EC from the Tribunale civile di Genova (Civil District Court,
Genoa, Italy) for a preliminary ruling in the proceedings                                      (Language of the case: Swedish)
pending before that court between TNT Traco SpA and Poste
Italiane SpA, formerly Ente Poste Italiane, and Others — on
the interpretation of Articles 86 and 90 of the EC Treaty (now
Articles 82 EC and 86 EC) — the Court (Sixth Chamber),                      (Provisional translation; the definitive translation will be published
composed of: C. Gulmann, President of the Chamber, J.-                                          in the European Court Reports)
P. Puissochet, R. Schintgen (Rapporteur), F. Macken and
J.N. Cunha Rodrigues, Judges; S. Alber, Advocate General;
                                                                            In Joined Cases C-122/99 P and C-125/99 P: D, an official of
L. Hewlett, Administrator, for the Registrar, has given a
                                                                            the Council of the European Union, residing in Arvika
judgment on 17 May 2001, in which it has ruled:
                                                                            (Sweden), represented by J.-N. Louis, G.-F. Parmentier and
                                                                            V. Peere, avocats, Kingdom of Sweden (Agent: L. Nordling),
1.    In so far as trade between Member States may be affected,             supported by Kingdom of Denmark (Agent: J. Molde) and by
      Article 86 of the EC Treaty, read in conjunction with Article 90      Kingdom of the Netherlands (Agents: M.A. Fierstra and J. van
      thereof (now Articles 82 EC and 86 EC), precludes legislation         Bakel) — two appeals against the judgment of the Court of
      of a Member State which grants a private-law undertaking the          First Instance of the European Communities (Second Chamber)
      exclusive right to operate the universal postal service from          in Case T-264/97 D v Council [1999] ECR-SC I-A-1 and II-1,
      making the right, of any other economic operator to provide an        seeking to have that judgment set aside, the other party to the
      express mail service not forming part of the universal service        proceedings being: Council of the European Union (Agents:
      subject to payment of postal dues equivalent to the postage           M. Bauer and E. Karlsson) — the Court, composed of:
      charge normally payable to the undertaking responsible for the        G.C. Rodrı́guez Iglesias, President, C. Gulmann, A. La Pergola,
      universal service, unless it can be shown that the proceeds of        M. Wathelet and V. Skouris (Presidents of Chambers),
      such payment are necessary to enable the undertaking to operate       D.A.O. Edward, J.-P. Puissochet (Rapporteur), P. Jann, L. Sevón,
      the universal postal service in economically acceptable conditions    R. Schintgen, F. Macken, N. Colneric, S. von Bahr, J.N. Cunha
      and that the undertaking is required to pay the same dues when        Rodrigues and C.W.A. Timmermans, Judges; J. Mischo, Advo-
      itself providing an express mail service not forming part of the      cate General; H. von Holstein, Deputy Registrar, for the
      universal service.                                                    Registrar, has given a judgment on 31 May 2001, in which it:
 ---pagebreak--- C 200/22                 EN                      Official Journal of the European Communities                                          14.7.2001
1.    Dismisses the appeals;                                                the Italian Republic has failed to fulfil its obligations under
                                                                            Articles 48, 52 and 59 of the EC Treaty (now, after amendment,
2.    Orders D and the Kingdom of Sweden jointly and severally to           Articles 39 EC, 43 EC and 49 EC) — the Court (Fifth Chamber),
      pay the costs;                                                        composed of: A. La Pergola, President of the Chamber, P. Jann
                                                                            (Rapporteur), L. Sevón, S. von Bahr and C.W.A. Timmermans,
3.    Orders the Kingdom of Denmark and the Kingdom of the                  Judges; F.G. Jacobs, Advocate General; D. Louterman-Hubeau,
      Netherlands to bear their own costs.                                  Head of Division, for the Registrar, has given a judgment on
                                                                            31 May 2001, in which it:
(1) OJ C 188 of 3.7.1999.                                                   1.    Declares that, by providing that:
                                                                                  —    private security work (including surveillante or care-
                                                                                       taking of movable property and buildings) may be
                                                                                       carried out in Italy, subject to licence, only by private
                                                                                       security firms holding Italian nationality;
                                                                                  —    only Italian nationals possessing such a licence may
                                                                                       be employed as sworn private security guards, the
                                                                                       Italian Republic has failed to fulfil its obligations
                                                                                       under Articles 48, 52 and 59 of the EC Treaty (now,
                                                                                       after amendment, Articles 39 EC, 43 EC and 49 EC);
                 JUDGMENT OF THE COURT
                                                                            2.    Orders the Italian Republic to pay the costs.
                           (Fifth Chamber)
                                                                            (1) OJ C 281 of 2.10.1999.
                           of 31 May 2001
in Case C-283/99: Commission of the European Communi-
                      ties v Italian Republic (1)
                                                                                             JUDGMENT OF THE COURT
(Failure of a Member State to fulfil obligations — Free                                               (Fifth Chamber)
movement of workers — Freedom of establishment —
Freedom to provide services — Private security activities —                                            of 7 June 2001
Private security firms and private sworn security guards —
                       Nationality conditions)
                                                                            in Case C-479/99 (reference for a preliminary ruling from
                                                                            the Finanzgericht Düsseldorf): CBA Computer Handels-
                           (2001/C 200/38)                                  und Beteiligungs GmbH, formerly VOBIS Microcomputer
                                                                                             AG v Hauptzollamt Aachen (1)
                                                                            (Common Customs Tariff — Tariff headings — Tariff
                     (Language of the case: Italian)                        classification of computer ‘sound cards’ — Classification in
                                                                            the Combined Nomenclature — Validity of Regulations (EC)
                                                                                               Nos 1153/97 and 2086/97)
(Provisional translation; the definitive translation will be published
                                                                                                      (2001/C 200/39)
                    in the European Court Reports)
In Case C-283/99: Commission of the European Communities                                       (Language of the case: German)
(Agents: initially by A. Aresu and M. Patakia and subsequently
by E. Traversa and M. Patakia) v Italian Republic (Agents:
U. Leanza assisted initially by P.G. Ferri and subsequently by              (Provisional translation; the definitive translation will be published
F. Quadri) — application for a declaration that, by providing                                  in the European Court Reports)
that:
                                                                            In Case C-479/99: reference to the Court under Article
—     private security work (including surveillance or caretaking           234 EC from the Finanzgericht Düsseldorf (Germany) for a
      of movable property and buildings) may be carried out in              preliminary ruling in the proceedings pending before that
      Italy, subject to licence, only by ‘private security firms’           court between CBA Computer Handels- und Beteiligungs
      holding Italian nationality;                                          GmbH, formerly VOBIS Microcomputer AG and Hauptzollamt
                                                                            Aachen — on the interpretation of headings 8471, 8473 and
—     only Italian nationals possessing such a licence may be               8543 of the Combined Nomenclature of the Common Cus-
      employed as ‘sworn private security guards’,                          toms Tariff, set out in Annex I to Council Regulation (EEC)