CELEX: C2000/233/12
Language: en
Date: 2000-08-12 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 May 2000 in Case C-301/98 (reference for a preliminary ruling from the College van Beroep voor het Bedrĳfsleven): KVS International BV v Minister van Landbouw, Natuurbeheer en Visserĳ (Agriculture — Animal health in the veterinary sector in intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species — Certification of bovine semen intended for export to a Member State — Directives 88/407/EEC and 93/60/EEC — Scope ratione temporis)

C 233/6                 EN                      Official Journal of the European Communities                                          12.8.2000
assurance and amending Directives 73/239/EEC and                           laying down detailed rules governing imports of ‘baby-beef’
88/357/EEC (Third Non-life Insurance Directive) (OJ 1992                   originating in the Republics of Croatia and Slovenia and the
L 228, p. 1) and under the EC Treaty — the Court (Sixth                    Yugoslav Republics of Bosnia-Herzegovina, Macedonia and
Chamber), composed of: J.C. Moitinho de Almeida (Rappor-                   Montenegro (OJ 1992 L 89, p. 26) — the Court (Second
teur), President of the Chamber, C. Gulmann, J.-P. Puissochet,             Chamber), composed of: R. Schintgen (Rapporteur), President
G. Hirsch and F. Macken, Judges; A. Saggio, Advocate General;              of the Chamber, G. Hirsch and V. Skouris, Judges; D. Ruiz-
D. Louterman-Hubeau, Principal Administrator, for the Re-                  Jarabo Colomer, Advocate General; R. Grass, Registrar, has
gistrar, has given a judgment on 18 May 2000, in which it:                 given a judgment on 18 May 2000, in which it has ruled:
1.    Declares that, by adopting and maintaining in force Article 2        Article 7 of Council Regulation (EEC) No 545/92 of 3 February
      of the law of 9 July 1975 on the control of insurance                1992 concerning the arrangements applicable to the import into the
      undertakings, as amended by the Royal Decree of 12 August            Community of products originating in the Republics of Croatia
      1994, the Kingdom of Belgium has failed to fulfil its                and Slovenia and the Yugoslav Republics of Bosnia-Herzegovina,
      obligations under Council Directive 92/49/EEC of 18 June             Macedonia and Montenegro (OJ 1992 L 63, p. 1) and Commission
      1992 on the coordination of laws, regulations and administra-        Regulation (EEC) No 859/92 of 3 April 1992 laying down detailed
      tive provisions relating to direct insurance other than life         rules governing imports of ‘baby-beef’ originating in the Republics of
      assurance and amending Directives 73/239/EEC and                     Croatia and Slovenia and the Yugoslav Republics of Bosnia-
      88/357/EEC (Third Non-life Insurance Directive);                     Herzegovina, Macedonia and Montenegro (OJ 1992 L 89, p. 26)
                                                                           must be interpreted as meaning that the importation into the
2.    Orders the Kingdom of Belgium to pay the costs.                      Community in September and October 1992 of consignments of
                                                                           ‘baby-beef’ originating in and coming from the former Yugoslav
(1) OJ C 258 of 15.8.1998.                                                 Republic of Macedonia with certificates of origin issued by the
                                                                           Yugoslav body which was the competent authority prior to the
                                                                           denunciation by the Community of the EEC-Yugoslavia Cooperation
                                                                           Agreement was not capable of benefiting from the arrangements for
                                                                           reduced import levies provided for in Article 7 of Regulation
                                                                           No 545/92 even though a new competent body had not been
                                                                           designated for the former Yugoslav Republic of Macedonia at the
                 JUDGMENT OF THE COURT                                     time the import operations took place.
                        (Second Chamber)                                   (1) OJ C 278 of 5.9.1998.
                          of 18 May 2000
in Case C-230/98 (reference for a preliminary ruling from
the Tribunale Civile e Penale di Treviso): Amministrazio-
     ne delle Finanze dello Stato v Schiavon Silvano (1)                                    JUDGMENT OF THE COURT
(Common commercial policy — Regulation No 545/92 and                                                 (Fifth Chamber)
Regulation No 859/92 — Imports into the Community of
‘baby-beef’ originating in the former Yugoslav Republic of                                           of 18 May 2000
Macedonia — Body competent to issue certificates of origin)
                                                                           in Case C-301/98 (reference for a preliminary ruling from
                          (2000/C 233/11)                                  the College van Beroep voor het Bedrijfsleven): KVS
                                                                           International BV v Minister van Landbouw, Natuurbeheer
                                                                                                       en Visserij (1)
                    (Language of the case: Italian)
                                                                           (Agriculture — Animal health in the veterinary sector in
                                                                           intra-Community trade in and imports of deep-frozen semen
(Provisional translation; the definitive translation will be published     of domestic animals of the bovine species — Certification of
                   in the European Court Reports)                          bovine semen intended for export to a Member State —
                                                                           Directives 88/407/EEC and 93/60/EEC — Scope ratione
In Case C-230/98: reference to the Court under Article 177 of                                            temporis)
the EC Treaty (now Article 234 EC) from the Tribunale Civile
e Penale di Treviso (District Court, Treviso), Italy, for a                                          (2000/C 233/12)
preliminary ruling in the proceedings pending before that
court between Amministrazione delle Finanze dello Stato and
                                                                                               (Language of the case: Dutch)
Schiavon Silvano, an insolvent firm, on the interpretation of
Council Regulation (EEC) No 545/92 of 3 February 1992
concerning the arrangements applicable to the import into the              (Provisional translation; the definitive translation will be published
Community of products originating in the Republics of                                         in the European Court Reports)
Croatia and Slovenia and the Yugoslav Republics of Bosnia-
Herzegovina, Macedonia and Montenegro (OJ 1992 L 63, p. 1)                 In Case C-301/98: reference to the Court under Article 177 of
and Commission Regulation (EEC) No 859/92 of 3 April 1992                  the EC Treaty (now Article 234 EC) by the College van Beroep
 ---pagebreak--- 12.8.2000               EN                       Official Journal of the European Communities                                              C 233/7
voor het Bedrijfsleven (Netherlands) for a preliminary ruling in            Bellanger and C. Bergeot) — application for a declaration that,
the proceedings pending before that court between KVS                       by failing within the prescribed period to adopt, alternatively
International BV and Minister van Landbouw, Natuurbeheer                    to communicate to the Commission, the laws, regulations and
en Visserij — on the interpretation of Article 3 of Council                 administrative measures necessary in order to comply with
Directive 88/407/EEC of 14 June 1988 laying down the animal                 Council Directive 94/33/EC of 22 June 1994 on the protection
health requirements applicable to intra-Community trade in                  of young people at work (OJ 1994 L 216 p. 12), the French
and imports of deep-frozen semen of domestic animals of the                 Republic has failed to fulfil its obligations under the EC Treaty
bovine species (OJ 1988 L 194, p. 10) and paragraph 1(b) of                 and under that directive — the Court (Fourth Chamber),
Chapter I of Annex B to the same directive, both in its original            composed of: D.A.O. Edward, President of the Chamber,
version and as amended by Council Directive 93/60/EEC of                    P.J.G. Kapteyn (Rapporteur) and H. Ragnemalm, Judges; A. Sag-
30 June 1993 amending Directive 88/407/EEC and extending                    gio, Advocate General; R. Grass, Registrar, has given a judg-
it to cover fresh bovine semen (OJ 1993 L 186, p. 28), and the              ment on 18 May 2000, in which it:
validity of the latter directive — the Court (Fifth Chamber),
composed of: L. Sevón (Rapporteur), President of the First                 1.    Declares that, by failing to adopt, within the prescribed period,
Chamber, acting for the President of the Fifth Chamber,                           the laws, regulations and administrative measures necessary in
P.J.G. Kapteyn, P. Jann, H. Ragnemalm and M. Wathelet,                            order to comply with Council Directive 94/33/EC of 22 June
Judges; A. Saggio, Advocate General; L. Hewlett, Administrator,                   1994 on the protection of young people at work, the French
for the Registrar, has given a judgment on 18 May 2000, in                        Republic has failed to fulfil its obligations under the EC Treaty
which it has ruled:                                                               and under that directive;
Article 3(b) of Council Directive 88/407/EEC of 14 June 1988                2.    Orders the French Republic to pay the costs.
laying down the animal health requirements applicable to intra-
Community trade in and imports of deep-frozen semen of domestic
                                                                            (1) OJ C 100 of 10.4.1999.
animals of the bovine species, read in conjunction with paragraph 1(b)
of Chapter 1 of Annex B to that directive, in its original version and
as amended by Council Directive 93/60/EEC of 30 June 1993
amending Directive 88/407/EEC and extending it to cover fresh
bovine semen, must be interpreted as meaning that semen from a
bull which, before its admission to an approved semen collection
centre, belonged to a herd which was not officially brucellosis free is
precluded from intra-Community trade, if only on account of the                              JUDGMENT OF THE COURT
change in the health status of the herd in the period during which the
animal was kept in that herd.                                                                         of 23 May 2000
(1) OJ C 312 of 10.10.1998.                                                 in Case C-104/98 (reference for a preliminary ruling from
                                                                            the Oberster Gerichtshof): Johann Buchner and Others v
                                                                                       Sozialversicherungsanstalt der Bauern (1)
                                                                            (Directive 79/7/EEC — Equal treatment for men and women
                                                                            in matters of social security — Early old-age pension on
                 JUDGMENT OF THE COURT                                      account of incapacity for work — Pensionable age different
                                                                                                      according to sex)
                        (Fourth Chamber)
                                                                                                      (2000/C 233/14)
                          of 18 May 2000
in Case C-45/99: Commission of the European Communi-                                           (Language of the case: German)
                    ties v French Republic (1)
                                                                            (Provisional translation; the definitive translation will be published
(Failure to fulfil obligations — Failure to transpose Directive                                in the European Court Reports)
                             94/33/EC)
                                                                            In Case C-104/98: reference to the Court under Article 177 of
                          (2000/C 233/13)
                                                                            the EC Treaty (now Article 234 EC) from the Oberster
                                                                            Gerichtshof (Austria) for a preliminary ruling in the proce-
                    (Language of the case: French)                          edings pending before that court between Johann Buchner and
                                                                            Others and Sozialversicherungsanstalt der Bauern — on the
                                                                            interpretation of Article 7 of Council Directive 79/7/EEC of
(Provisional translation; the definitive translation will be published      19 December 1978 on the progressive implementation of the
                   in the European Court Reports)                           principle of equal treatment for men and women in matters of
                                                                            social security (OJ 1979 L 6, p. 24) — the Court, composed
In Case C-45/99: Commission of the European Communities                     of: G.C. Rodrı́guez Iglesias, President, D.A.O. Edward and
(Agent: D. Gouloussis) v French Republic (Agents: K. Rispal-                L. Sevón, (Presidents of Chambers), P.J.G. Kapteyn, C. Gul-