CELEX: C1999/204/28
Language: en
Date: 1999-07-17 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 11 May 1999 in Joined Cases C-425/97 to C-427/97 (references for a preliminary ruling from the Gerechtshof te 's-Hertogenbosch): Criminal proceedings against Adrianus Albers (C-425/97) Martinus Van den Berkmortel (C-426/97) and Leon Nuchelmans (C-427/97) (Directive 83/189/EEC - Technical regulations - Obligation to notify - Prohibition on growth promoters)

17.7.1999                EN                      Official Journal of the European Communities                                           C 204/15
L. Sevón (Rapporteur), Judges; P. Léger, Advocate General;                 A rule such as that in Article 3(1) of the Verordening Stoffen met
L. Hewlett, Administrator, for the Registrar, has given a                   sympathico mimetische werking (PVV) 1991, read in conjunction
judgment on 11 May 1999, in which it has ruled:                             with Article 2 of that Verordening, constitutes a technical regulation
                                                                            within the meaning of Council Directive 83/189/EEC of 28 March
On a correct interpretation of Articles 30, 34 and 36 of the EC             1983 laying down a procedure for the provision of information in
Treaty (now, after amendment, Articles 28, 29 and 30 EC), a                 the field of technical standards and regulations, as amended by
Member State is prevented from restricting the transport by road of         Council Directive 88/182/EEC of 22 March 1988, in respect of
animals for slaughter by requiring such transport to be carried out         which the Member State which adopted it is exempt, under Article
only as far as the nearest suitable abattoir within national territory      10 of that directive, from the obligation to notify the Commission
and under conditions such that, upon observance of the motor vehicle        laid down in Article 8 thereof.
and traffic regulations, a total journey time of six hours and a
distance of 130 kilometres are not exceeded, account being taken of         (1) OJ C 72 of 7.3.1998.
only half of the kilometres actually travelled on a motorway.
(1) OJ C 370 of 6.12.1997.
                                                                                             JUDGMENT OF THE COURT
                  JUDGMENT OF THE COURT                                                              (Sixth Chamber)
                           (Fifth Chamber)                                                            of 19 May 1999
                           of 11 May 1999                                   in Case C-6/97: Italian Republic v Commission of the
                                                                                               European Communities (1)
in Joined Cases C-425/97 to C 427/97 (references for a
preliminary ruling from the Gerechtshof te                                  (State aid — Definition — Tax credit — Recovery —
’s-Hertogenbosch): Criminal proceedings against Adrianus                                          Absolute impossibility)
Albers (C-425/97) Martinus Van den Berkmortel (C-
        426/97) and Leon Nuchelmans (C-427/97) (1)                                                    (1999/C 204/29)
(Directive 83/189/EEC — Technical regulations — Obli-
    gation to notify — Prohibition on growth promoters)                                         (Language of the case: Italian)
                           (1999/C 204/28)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                               in the European Court Reports)
                     (Language of the case: Dutch)
                                                                            In Case C-6/97: Italian Republic (Agent: Umberto Leanza,
                                                                            assisted by Oscar Fiumara) v Commission of the European
(Provisional translation; the definitive translation will be published      Communities (Agents: Laura Pignataro, Anders C. Jessen
                    in the European Court Reports)                          and Enrico Altieri) — application for the annulment of
                                                                            Commission Decision 97/270/EC of 22 October 1996 on a
In Joined Cases C-425/97 to C-427/97: references to the Court               tax credit scheme introduced by Italy for professional road
under Article 177 of the EC Treaty from the Gerechtshof                     hauliers (C 45/95 ex NN 48/95) (OJ 1997 L 106, p. 22) — the
(Regional Court of Appeal), ’s-Hertogenbosch (Netherlands),                 Court (Sixth Chamber), composed of: P.J.G. Kapteyn, President
for a preliminary ruling in the criminal proceedings pending                of the Chamber, G. Hirsch (Rapporteur), G.F. Mancini, H. Rag-
before that court against Adrianus Albers (C-425/97) Martinus               nemalm and R. Schintgen, Judges; Advocate General; D. Ruiz-
Van den Berkmortel (C-426/97) and Leon Nuchelmans (C-                       Jarabo Colomer; H.A. Rühl, Principal Administrator, for the
427/97) — on the interpretation of Council Directive                        Registrar, has given a judgment on 19 May 1999, in which it:
83/189/EEC of 28 March 1983 laying down a procedure for
the provision of information in the field of technical standards            1. Dismisses the application;
and regulations (OJ 1983 L 109, p. 8), as amended by Council
Directive 88/182/EEC of 22 March 1988 (OJ 1988 L 81, p. 75)                 2. Orders the Italian Republic to pay the costs.
— the Court (Fifth Chamber), composed of: J.-P. Puissochet,
President of the Chamber, J.C. Moitinho de Almeida, C. Gul-
mann (Rapporteur), L. Sevón and M. Wathelet, Judges; P. Léger,             (1) OJ C 94 of 22.3.1997.
Advocate General; H. von Holstein, Deputy Registrar, for the
Registrar, has given a judgment on 11 May 1999, in which it
has ruled: