CELEX: C1997/228/02
Language: en
Date: 1997-07-26 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-14/96 (reference for a preliminary ruling from the Tribunal de Première Instance, Brussels): criminal proceedings against Paul Denuit (Directive 89/552/EEC - Telecommunications - Television broadcasting - Jurisdiction over broadcasters)

26 . 7 . 97           EN                   Official Journal of the European Communities                                   No C 228/ 1
                                                                   I
                                                             (Information)
                                               COURT OF JUSTICE
                                                         COURT OF JUSTICE
                JUDGMENT OF THE COURT                                  2 . Article 3 of Directive 83/182/EEC has direct effect
                        ( Fifth Chamber)                                   and confers on individuals rights which they may
                                                                           assert against a Member State that has failed to
                        of 29 May 1997                                     transpose that Directive into domestic law, or has
in Case C-3 89/95 (reference for a preliminary ruling from                 transposed it incorrectly, and which the national
the Dioikitiko Protodikeio Thessaloniki ): Siegfried                       courts must safeguard.
                   Klattner v. Greek State (')
(Tax exemptions applicable to temporary and permanent                  3 . Article 3 of Directive 83/182/EEC must be interpreted
importation of means of transport — Directive 83/182/                      as precluding domestic legislation under which the
                               EEC)                                         customs duties and other taxes applicable together
                                                                            with additional duty equal to the amount of those
                          ( 97/C 228/01 )                                  duties and taxes are to be payable immediately where
                                                                           a second private vehicle is imported temporarily.
                 (Language of the case: Greek)
                                                                       (>) OJ No C 77, 16 . 3 . 1996 .
   (Provisional translation; the definitive translation will be
           published in the European Court Reports)
In Case C-389/95 : reference to the Court under Article 177
of the EC Treaty from the Dioikitiko Protodikeio                                     JUDGMENT OF THE COURT
( Administrative Court of First Instance ), Thessaloniki
( Greece ), for a preliminary ruling in the proceedings                                         ( Sixth Chamber)
pending before that court between Siegfried Klattner and                                        of 29 May 1997
Greek State — on the interpretation of Council Directive
83/182/EEC of 28 March 1983 on tax exemptions within                   in Case C-14/96 (reference for a preliminary ruling from
the Community for certain means of transport temporarily               the Tribunal de Premiere Instance, Brussels ): criminal
imported into one Member State from another ( OJ No                                 proceedings against Paul Denuit ( ! )
L 105 , 23 . 4 . 1983 , p. 59 ) — the Court ( Fifth Chamber),          (Directive 89/552ZEEC — Telecommunications —
composed of: J C. Moitinho de Almeida, President of the                 Television broadcasting — Jurisdiction over broadcasters)
Chamber, C. Gulmann, D. A. O. Edward, J. -P. Puissochet
( Rapporteur) and P. Jann, Judges; A. La Pergola,                                                 ( 97/C 228/02 )
Advocate-General; L. Hewlett, Administrator, for the
Registrar, has given a judgment on 29 May 1997, in                                     (Language of the case: French)
which it has ruled :
                                                                         (Provisional translation; the definitive translation will be
 1 . Article 3 of Council Directive 83/182/EEC of                                published in the European Court Reports)
      28 March 1983 on tax exemptions within the
      Community for certain means of transport temporarily
      imported into one Member State from another must                 In Case C-14/96 : reference to the Court under Article 177
      be interpreted as meaning that the exemption for                 of the EC Treaty by the Tribunal de Premiere Instance,
      which it provides may be granted in respect of more              Brussels, for a preliminary ruling in the criminal
      than one private vehicle per person.                             proceedings before that court against Paul Denuit — on
 ---pagebreak--- No C 228/2                EN                Official Journal of the European Communities                                     26 . 7 . 97
the interpretation of Article 2 ( 1 ) and ( 2 ) of Council             judgment set aside, the other party to the proceedings
Directive      89/552/EEC        of 3  October   1989    on   the      being Commission of the European Communities (Agent:
coordination of certain provisions laid down by law,                   Julian Currall ) — the Court ( Fifth Chamber ), composed
regulation or administrative action in Member States                   of: J. C. Moitinho de Almeida ( Rapporteur ), President of
concerning the pursuit of television broadcasting activities           the Chamber, C. Gulmann, D. A. O. Edward, J. -P.
( OJ No L 298 , 17. 10. 1989, p. 23 ), — the Court ( Sixth             Puissochet and M. Wathelet, Judges; P. Leger, Advocate­
Chamber ) composed of: G. E Mancini, President of the                  General; H. A. Riihl, Principal Administrator, for the
Chamber, J. L. Murray, C. N. Kakouris, P. J. G. Kapteyn                Registrar, has given a judgment on 29 May 1997, in
( Rapporteur ) and H. Ragnemalm, Judges; C. O. Lenz,                   which it :
Advocate-General; D. Louterman-Hubeau, Principal
Administrator, gave a judgment on 29 May 1997, in
which it ruled :                                                       1 . dismisses the appeal;
1 . Article 2 (1 ) of Council Directive 89/552/EEC of                  2 . orders the appellant to pay the costs.
      3 October 1989 on the coordination of certain
      provisions laid down by law, regulation or
                                                                       O OJ No C 197, 6 . 7. 1996 .
      administrative action in Member State concerning the
      pursuit of television broadcasting activities is to be
      interpreted as meaning that a television broadcaster
       comes under the jurisdiction of the Member State in
      which it is established. The origin of programmes
       broadcast by the television broadcaster or their
       conformity with Articles 4 and 5 of the Directive are                          JUDGMENT OF THE COURT
      irrelevant in determining the Member State having
      jurisdiction over such a broadcaster pursuant to                                        ( Sixth Chamber)
      Article 2 (1 ).                                                                           of 5 June 1997
                                                                       in Case C-285/95 (reference for a preliminary ruling from
2 . Article 2 (2) of Directive 89/552 is to be interpreted as          the Oberverwaltungsgericht Berlin): Suat Kol v. Land Ber­
       meaning that a Member State may not oppose the                                                lin H
       retransmission on its territory of broadcasts of a
       television broadcaster over which another Member                 (EEC-Turkey Association Agreement — Decision of the
      State has jurisdiction when those broadcasts do not              Council of Association — Free movement of workers —
       conform with the requirements of Articles 4 and 5 of            Legal employment — Periods of employment under a
       the Directive.                                                             residence permit fraudulently obtained)
                                                                                                ( 97/C 228/04 )
( ] ) OJ No C 64, 2 . 3 . 1996 .
                                                                                       (Language of the case: German)
                                                                         (Provisional translation; the definitive translation will be
                 JUDGMENT OF THE COURT                                           published in the European Court Reports)
                           (Fifth Chamber)
                           of 29 May 1997                              In Case C-285/95 : reference to the Court under Article 177
                                                                       of the EC Treaty from the Oberverwaltungsgericht
in Case C-153/96 P: Jan Robert de Rijk v. Commission of                ( Higher Administrative Court) Berlin for a preliminary
                  the European Communities (')                         ruling in the proceedings pending before that court
 (Appeal — Officials — Supplementary sickness insurance                between Suat Kol and Land Berlin — on the interpretation
scheme for officials posted outside the Community —                    of Articles 6 ( 1 ) and 14 ( 1 ) of Decision No 1/80 of
       Conditions for reimbursement of medical expenses)                19 September 1980 on the development of the
                                                                       Association, adopted by the Council of Association
                            ( 97/C 228/03                              established by the Association Agreement between the
                                                                       European Economic Community and Turkey — the Court
                  (Language of the case: French)                       ( Sixth Chamber ), composed of: G. F. Mancini, President
                                                                       of the Chamber, C. N. Kakouris, G. Hirsch, H.
    (Provisional translation; the definitive translation will be       Ragnemalm and R. Schintgen ( Rapporteur ), Judges;
            published in the European Court Reports)                   M. B. Elmer, Advocate-General; D. Louterman-Hubeau,
                                                                       Principal Administrator, for the Registrar, has given a
                                                                       judgment on 5 June 1997, in which it has ruled:
In Case C-153/96 P: Jan Robert de Rijk ( represented by
Nicolas Lhoest ) — appeal against the judgment of the
 Court of First Instance ( Fifth Chamber) of 7 March 1996              Article 6 (1 ) of Decision No 1 /80 of 19 September 1980
 in Case T-362/94 De Rijk v. Commission [ 1996] ECR-SC                 on the development of the Association, adopted by the
 11-365 ( English abstract at p. 117 ), seeking to have that            Council of Association established by the Association