CELEX: C1999/366/26
Language: en
Date: 1999-12-18 00:00:00
Title: Case C-368/99: Reference for a preliminary ruling by the Landesgericht Korneuburg (Austria) by order of that court of 1 September 1999 in the case of La Chemise Lacoste S.A. v Coalle FA-93

C 366/16               EN                    Official Journal of the European Communities                                     18.12.1999
Pleas in law and main arguments                                         Reference for a preliminary ruling from the French
                                                                        Conseil d’État (Council of State), by order of that court of
                                                                        28 July 1999 in the case of Joseph Griesmar v Minister
                                                                        for Economic Affairs, Finance and Industry and Minister
Portugal is appealing the decision to extend the restriction on
                                                                         for the Civil Service, State Reform and Decentralisation
exports, laid down in Article 4 of Decision 98/653/EC, to
1 February 2000, adopted by the Commission by Decision
99/517/EC, on the following grounds:                                                              (Case C-366/99)
                                                                                                  (1999/C 366/25)
— Lack of statement of reasons or facts: the Commission was
     required to show that the extension of the period was
     justified and that the facts justify a derogation from             Reference has been made to the Court of Justice of the
     Article 28 of the EC Treaty. In view of the findings of the        European Communities by an order of the French Conseil
     mission of 14 to 18 June 1999, the Commission failed to            d’État, of 28 July 1999, which was received at the Court
     do so.                                                             Registry on 4 October 1999, for a preliminary ruling in the
                                                                        case of Joseph Griesmar v Minister for Economic Affairs,
                                                                        Finance and Industry and Minister for the Civil Service, State
— The decision is contrary to the Animal Health Code of the             Reform and Decentralisation on the following questions. The
     International Office of Epizootic Diseases: the Commission         French Council of State asks the Court of Justice to rule on the
     disregarded the Code in decisions 98/653/EC and                    following questions:
     99/517/EC. Contrary to Article 3.2.13.8 Portuguese
     exports of meat and meat products are totally prohibited           1. Are the pensions provided by the French retirement
     until 1 February 2000 despite the fact that Portugal, which             pension scheme for civil servants pay within the meaning
     falls within the category of countries with a low incidence             of Article 119 of the Treaty of Rome (now Article 141 of
     of BSE, observed the conditions laid down in                            the Treaty establishing the European Community)?
     Article 3.2.13.8.
                                                                             If so, in the light of the requirements of paragraph 3 of
                                                                             Article 6 of the agreement annexed to Protocol No 14 on
— Breach of essential procedural requirements and of the                     social policy, is the principle of equal pay breached by the
     principle of sound administrative practice: the Standing                provisions of Article L. 12(b) of the civil and military
     Veterinary Committee did not have access to all the                     retirement pensions code?
     relevant and recent information (in particular the ‘draft’
     findings of the mission of the Food and Veterinary Office          2. If Article 119 of the Treaty of Rome is not applicable, do
     (FVO-DG XXIV) of 14 to 18 June 1999 and Portugal’s                      the provisions of Directive 79/7/EEC of 19 December
     comments) which were made available to the Commission                   1978 (1) prevent France from maintaining in force pro-
     and/or should have been made available before the Stand-                visions such as Article L. 12(b) of the civil and military
     ing Veterinary Committee was consulted and before the                   retirement pensions code?
     decision was adopted to extend the period prescribed by
     Article 4 of Decision 98/653/EC.                                   (1) On the progressive implementation of the principle of equal
                                                                            treatment for men and women in matters of social security (OJ
                                                                            1979 L 6 of 10.1.1979, p. 24).
— Breach of the principle of proportionality: extension of the
     period prescribed in Article 4 of Decision 98/653/EC
     exceeds the limits of what is appropriate and necessary in
     view of the grounds and objectives of Decision 98/653/EC,
     regard being had to the situation in Portugal, the level of
     its exports of beef and meat products, and the policy of
     the Commission and the Community vis-à-vis the United
     Kingdom and Switzerland.                                           Reference for a preliminary ruling by the Landesgericht
                                                                        Korneuburg (Austria) by order of that court of 1 Septemb-
                                                                        er 1999 in the case of La Chemise Lacoste S.A. v Coalle
                                                                                                       FA-93
(1) Commission Decision 99/517/EC of July 1999 amending Decision
    98/653/EC concerning emergency measures made necessary by                                     (Case C-368/99)
    the occurrence of bovine spongiform encephalopathy in Portugal
    — OJ 1999 L 197, p. 45.
 2
                                                                                                  (1999/C 366/26)
( ) Decision 98/653/EC concerning emergency measures made
    necessary by the occurrence of bovine spongiform encephalopa-
    thy in Portugal — OJ 1998 L 311, p. 23.                             Reference has been made to the Court of Justice of the
                                                                        European Communities by order of the Landesgericht
                                                                        (Regional Court) Korneuburg (Austria) of 1 September 1999,
                                                                        received at the Court Registry on 4 October 1999, for a
                                                                        preliminary ruling in the case of La Chemise Lacoste S.A. v
                                                                        Coalle FA-93 on the following question:
 ---pagebreak--- 18.12.1999             EN                    Official Journal of the European Communities                                         C 366/17
On a proper construction of Article 1 thereof, is Council                        lation; is it relevant whether in this operation there is
Regulation (EC) No 3295/94 of 22 December 1994 laying                            an intention to bring the goods — inter alia through
down measures to prohibit the release for free circulation,                      completion of the operation — into circulation within
export, re-export or entry for a suspensive procedure of                         the Community contrary to the Community pro-
counterfeit and pirated goods (Official Journal of the European                  visions; or
Communities L 341 of 30 December 1994) also applicable to
situations in which goods of the type specified therein are, in             (c) should the words ‘cease to be covered’ be construed as
the course of transit between two countries not belonging to                     referring to the totality of the operations which result
the European Community, temporarily detained by the cus-                         in the goods being brought into circulation within the
toms authorities in a Member State on the basis of that                          Community otherwise than in a regular manner?
regulation, at the request of a holder of rights who claims that
his rights have been infringed and whose undertaking has                2. If the answer to the first question is in accordance with
its registered office in a Member State of the European                     heading (c), where does this cessation occur: does it occur
Community?                                                                  in the place where the first irregular operation is carried
                                                                            out, or in the place where a subsequent operation is carried
                                                                            out, in particular the place where the goods — in the
                                                                            present case following breaking of the seals — are unloaded
                                                                            from the means of transport?
Reference for a preliminary ruling by the Hoge Raad der
Nederlanden by judgment of that court of 23 June 1999
in the case of Liberexim B.V. v Inspecteur Belasting-                   Action brought on 7 October 1999 by the Kingdom of
                dienst/Douane District Arnhem                           Spain against the Commission of the European Communi-
                                                                                                         ties
                         (Case C-371/99)
                                                                                                   (Case C-374/99)
                         (1999/C 366/27)                                                           (1999/C 366/28)
Reference has been made to the Court of Justice of the                  An action against the Commission of the European Communi-
European Communities by judgment of the Hoge Raad der                   ties was brought before the Court of Justice on 7 October
Nederlanden (Supreme Court of the Netherlands) of 23 June               1999 by the Kingdom of Spain, represented by Mónica
1999, received at the Court Registry on 4 October 1999, for a           López-Monı́s Gallego, Abogado del Estado, with an address for
preliminary ruling in the case of Liberexim B.V. v Inspecteur           service in Luxembourg at the Spanish Embassy, 4-6 Boulevard
Belastingdienst/Douane District Arnhem (Tax Inspector-                  E. Servais.
ate/Arnhem Customs District) on the following questions:
                                                                        The applicant claims that the Court of Justice should:
1. What is to be understood by the words ‘cease to be
    covered’ (‘onttrekken’) by the external transit arrangements        — Annul the Commission’s decision of 28 July 1999
    within the meaning of Article 7(3) of the Sixth Directive, if           amending Decision 99/187/EC (1) as regards the financial
    such cessation does not occur in a regular manner — that                adjustments imposed on the Kingdom of Spain and
    is to say, otherwise than by the goods being declared for               contested in the application, and
    free circulation:
                                                                        — order the defendant institution to pay the costs.
    (a) is this the first operation which, in relation to the
         goods, is carried out contrary to any provision connec-        Pleas in law and main arguments
         ted with those arrangements, and is it relevant whether
         in this operation there is an intention to bring the
         goods — inter alia through completion of the oper-             The Kingdom of Spain challenges the contested decision as
         ation — into circulation within the Community con-             regards the financial adjustments imposed in the following
         trary to that provision; or                                    sectors:
    (b) does such cessation occur (only) once the goods — in
         the present case following breaking of the seals —             1. A i d f o r t h e c o n s u m p t i o n o f o l i v e o i l
         have been unloaded from the means of transport
         without compliance with the obligation to produce the          PTE 6 206 113 141 corresponding to an adjustment of 10 %
         goods with documentation at the office of destination          of the expenditure incurred by Spain for the 1994 and 1995
         in accordance with Article 22(1) of the transit regu-          financial years.