CELEX: C1995/299/10
Language: en
Date: 1995-11-11 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 5 October 1995 in Case C-125/94 (reference for a preliminary ruling from the Giudice Conciliatore, Milan): Aprile Srl, in liquidation, v. Amministrazione delle Finanze dello Stato (Charges having equivalent effect - Prohibition - Whether applicable to trade with non-member countries)

11 . 11 . 95           tN                   Official Journal of the European Communities                                   No C 299/7
2 . Council Directive 92/106/EEC of 7 December 1992 on                        of Article 5 (1 ) (a), is not applicable to customs
      the establishment of common rules for certain types of                  transactions in respect of goods from non-member
      combined transport of goods between Member States                       countries , in particular members of EETA ;
      does not apply to combined transport of goods between
      third   countries   and    Member     States  and      Council
                                                                         2 . the Member States are not entitled unilaterally to impose
      Regulation (EEC) No 4055/86 of 22 December 1986                         charges having equivalent effect in trade with
      applying the principle of freedom to provide services                   non-member countries. Where the prohibition of such
      to maritime transport between Member States and                         charges is contained in bilateral or multilateral
      between Member States and third countries does not
                                                                              agreements concluded by the Community with one or
      apply to the transportation by road of goods unloaded                   more non-member countries with a view to eliminating
      from the vessel.                                                        obstacles to trade and in the Council Regulations
                                                                              providing for common organization of the markets in
(') O J No C 146 , 28 . 5 . 1994 .                                            various agricultural products regarding trade with
                                                                              non-member countries, the scope of that prohibition is
                                                                              the same as in the case of intra - Community trade.
                                                                         (') OJ No C : 174 , 25 . 6 . 1994 .
                JUDGMENT OF THE COURT
                         ( Sixth Chamber )
                        of 5 October 1995
in Case C-125 /94 ( reference for a preliminary ruling from                              JUDGMENT OF THE COURT
the Giudice Conciliatore, Milan ): Aprile Srl, in liquidation ,                                    ( Sixth Chamber )
        v. Amministrazione delle Finanze dello Stato (')
                                                                                                 of 12 October 1995
(Charges having equivalent effect — Prohibition —
 Whether applicable to trade with non-member countries)                  in    Case C-236/94 : Commission of the European
                           ( 95/C 299/ 10 )
                                                                                     Communities v. Kingdom of Belgium (')
                                                                         (Failure to fulfil obligations — Directive 91/339/EEC —
                                                                                                  Non-transposition)
                 (Language of the case: Italian)
                                                                                                     ( 95 /C 299/ 1 1 )
(Provisional translation; the definitive translation will be
           published in the European Court Reports)                                         (Language of the case: French)
In Case C - 125 /94 : reference to the Court under Article 177           (Provisional translation; the definitive translation will be
of the EEC Treaty from the Giudice Conciliatore                                     published in the European Court reports)
(Judge-Conciliator ), Milan , for a preliminary ruling in the
proceedings pending before that court between Aprile Sri , in            In Case C-236/94 : Commission of the European
liquidation , and Amministrazione delle Finanze dello Stato              Communities ( Agent: Hendrik van Eier ) v. Kingdom of
— on the interpretation of Articles 3 ( a ) and ( h ), 5 , 9 , 11 , 12 , Belgium ( Agent: Jan Devadder ) — application for a
13 , 16 and 189 of the EEC Treaty and Council Directive                  declaration that, by not adopting and, in the alternative, by
83 /643 /EEC of 1 December 1983 on the facilitation of                   not communicating to the Commission within the
physical inspections and administrative formalities in                   prescribed period the laws, regulations and administrative
respect of the carriage of goods between Member States ( OJ              provisions necessary to comply with Council Directive
 1983 L 359 , p. 8 ), as amended by Council Directive                    91 /339/EEC of 18 June 1991 amending for the 11th time
87/53/EEC of 15 December 1986 ( OJ 1987 L 24 , p. 33 ) —                 Directive 76/769/EEC on the approximation of the laws,
the Court ( Sixth Chamber ), composed of F. A. Schockweiler              regulations and administrative provisions of the Member
( Rapporteur ), President of the Chamber, C. N. Kakouris,                States relating to restrictions on the marketing and use of
J. L. Murray , G. Hirsch and H. Ragnemalm, Judges;                       certain dangerous substances and preparations ( OJ 1991
D. Ruiz-Jarabo Colomer, Advocate-General ; L. Hewlett,                    L 1 86 , p. 64 ), the Kingdom of Belgium has failed to fulfil its
Administrator, for the Registrar, has given a judgment on                obligations under the EC Treaty — the Court ( Sixth
5 October 1995 , in which it rules :                                     Chamber ), composed of C. N. Kakouris , President of the
                                                                         Chamber, G. Hirsch ( Rapporteur ), G. F. Mancini , F. A.
                                                                         Schockweiler and P. J. G. Kapteyn , Judges ; G. Tesauro,
 1 . without prejudice to the application of special                     Advocate-General ; R. Grass, Registrar, has given a
      Community provisions in force governing trade with                 judgment on 12 October 1995 , in which it:
      certain   non-member countries,         Council Directive
      83/643 /EEC of 1 December 1983 on the facilitation of
      physical inspections and administrative formalities in              1 . declares that, by not adopting within the prescribed
      respect of the carriage ofgoods between Member States,                  period the laws, regulations and administrative
      as amended by Council Directive 87/53/EEC of                            provisions necessary to comply with Council Directive
       15 December 1986 , in particular the second indent                      91 /339/EEC of 18 June 1991 amending for the 11th