CELEX: C1996/016/08
Language: en
Date: 1996-01-20 00:00:00
Title: JUDGMENT OF THE COURT (Second Chamber) of 16 November 1995 in Case C-152/94 (reference for a preliminary ruling from the Rechtbank van Eerste Aanleg, Ghent): criminal proceedings against Geert van Buynder (Freedom of establishment - Veterinary surgeons - Purely internal situation)

No C 16/4               EN                  Official Journal of the European Communities                                   20 . 1 . 96
G. Tesauro, Advocate-General, D. Louterman-Hubeau,                     Article 12 of Council Regulation (EEC) No 3820/85 of
Principal Administrator, for the Registrar, gave a judgment            20 December 1985 on the harmonization of certain social
on 9 November 1995 , the operative part is as follows:                 legislation relating to road transport does not authorize a
                                                                       driver to derogate from the provisions ofArticles 6, 7 or 8 of
                                                                       the Regulation for reasons known before the journey was
                                                                       commenced.
Article 6 of Commission Directive 88/301 /EEC of 16 May
1 988 on competition in the markets in telecommunications
terminal equipment must be interpreted as precluding the               (!) OJ No C 288 , 15 . 10 . 1994 .
application of national rules which prohibit economic
agents from, and penalize them for, manufacturing,
importing, stocking for sale, marketing, distributing or
advertising terminal equipment without furnishing proof, in
the form of a type-approval or another document regarded
as equivalent, that such equipment conforms to certain
essential requirements relating in particular to the safety of
users and the proper functioning ofthe network where there
is no guarantee that a test laboratory responsible for
technically monitoring the conformity of the equipment
with the technical specifications is independent from                                JUDGMENT OF THE COURT
economic agents offering goods or services in the                                             ( Second Chamber)
telecommunications sector.
                                                                                           of 16 November 1995
                                                                       in Case C-152/94 (reference for a preliminary ruling from
f 1 ) OJ No C 132 , 14 . 5 . 1994 .                                    the Rechtbank van Eerste Aanleg, Ghent): criminal
                                                                                proceedings against Geert van Buynder (*)
                                                                       (Freedom ofestablishment — Veterinary surgeons — Purely
                                                                                               internal situation)
                                                                                                   96/C 16/08
                                                                                       (Language of the case: Dutch)
               JUDGMENT OF THE COURT                                   (Provisional translation; the definitive translation will be
                          (First Chamber)                                       published in the European Court Reports)
                      of 9 November 1995
in Case C-235/94 (reference for a preliminary ruling from              In Case C-152/94 : reference to the Court under Article 177
the Crown Court, Bolton ): Criminal proceedings against                of the EC Treaty by the Rechtbank van Eerste Aanleg ( Court
                     Alan Geoffrey Bird ( 1 )                          of First Instance ), Ghent, for a preliminary ruling in the
 (Social legislation relating to road transport — Exceptions           criminal proceedings pending before that court against
                      for reasons of safety)                           Geert van Buynder — on the interpretation of Article 52 of
                             ( 96/C 16/07 )                            the EC Treaty — the Court ( Second Chamber), composed
                                                                       of: G. Hirsch, President of the Chamber, G. F. Mancini and
                                                                       F. A. Schockweiler ( Rapporteur ), Judges; M. B. Elmer,
                                                                       Advocate-General; H. von Holstein, Deputy Registrar, for
                (Language of the case: English)                        the Registrar, has given a judgment on 16 November 1995 ,
                                                                       the operative part of which is as follows :
In Case C-235/94 : reference to the Court under Article 177
 of the EC Treaty from the Crown Court, Bolton, United                 Article 52 of the EC Treaty does not apply to a purely
 Kingdom, for a preliminary ruling in the criminal                      internal situation in a Member State such as that in which a
 proceedings pending before that court against Alan                     national of a Member State engages within its territory in a
 Geoffrey Bird — on the interpretation of Article 12 of                self-employed activity in respect of which he cannot rely on
 Council Regulation ( EEC ) No 3820/85 of 20 December                   any previous training acquired in another Member State.
 1985 on the harmonization of certain social legislation
 relating to road transport ( OJ No L 370, p . 1 ) — the Court
 ( First Chamber ), composed of: D. A. O. Edward, President             (M OJ No C 202 , 23 . 7. 1994 .
 of the Chamber, P. Jann ( Rapporteur) and L. Sevôn, Judges;
 P. Léger, Advocate-General; L. Hewlett, Administrator, for
 the Registrar, gave a judgment on 9 November 1995 , the
 operative part of which is as follows :