CELEX: C1996/016/06
Language: en
Date: 1996-01-20 00:00:00
Title: JUDGMENT OF THE COURT of 9 November 1995 in Case C-91/94 (reference for a preliminary ruling from the Tribunal de Grande Instance, Paris): Criminal proceedings against Thierry Tranchant and Téléphone Store SARL, party liable in civil law (Commission Directive 88/301/EEC - Independence of bodies responsible for monitoring the application of technical specifications - Test laboratories)

20 . 1 . 96            EN                  Official Journal of the European Communities                                   No C 16/3
               JUDGMENT OF THE COURT                                       and (EEC) No 714/89, nor any general principle of
                        (Third Chamber)                                    Community law require Member States to introduce a
                                                                           mechanism for compensating detriment caused to
                     of 9 November 1995                                    owners of agricultural land by the introduction of a
in Case C-38/94 (reference for a preliminary ruling from the               system of premium rights linked to producers of
Divisional Court of the Queen's Bench Division of the High                 sheepmeat, goatmeat or beef and veal, even where
Court of Justice of England and Wales ): The Queen v.                      premium rights are transferred by producers who do not
Minister for Agriculture Fisheries and Food, ex parte                      own the land on which they farm.
            Country Landowners' Association (')
(Common organization of the markets in sheepmeat and
goatmeat and in beef and veal — Grant of transferable                 2 . Consideration of Articles 13 and 15 of Regulation
premium rights to producers — Compensation for                             (EEC) No 3567192, cited above, and of Articles 39 and
                           landowners)                                     55 of Regulation (EEC) No 3886/92, cited above, has
                          ( 96/C 16/05 )                                   disclosed no factor of such a kind as to affect their
                                                                           validity.
                                                                      (M OJ No C 76 , 12 . 3 . 1994 .
                (Language of the case: English)
In Case C-38/94 : reference to the Court under Article 177 of
the EC Treaty from the Divisional Court of the Queen's
Bench Division of the High Court of Justice of England and
Wales for a preliminary ruling in the proceedings pending
before that court between the Queen and the Minister for
Agriculture Fisheries and Food, ex parte Country
Landowners' Association — on the interpretation and                                  JUDGMENT OF THE COURT
validity of Articles 13 and 15 of Commission Regulation                                    of 9 November 1995
( EEC) No 3567/92 of 10 December 1992 laying down                     in Case C-91/94 ( reference for a preliminary ruling from the
detailed rules for the application of the individual limits,          Tribunal de Grande Instance, Paris ): Criminal proceedings
national reserves and transfer of rights provided for in              against Thierry Tranchant and Téléphone Store SARL,
Council Regulation ( EEC ) No 3013/89 on the common                                     party liable in civil law (*)
organization of the market in sheepmeat and goatmeat ( OJ
No L 362, p . 41 ), and Articles 39 and 55 of Commission              (Commission Directive 88/301/EEC — Independence of
Regulation ( EEC ) No 3886/92 of 23 December 1992 laying              bodies responsible for monitoring the application of
down detailed rules for the application of the premium                         technical specifications — Test laboratories)
schemes provided for in Council Regulation ( EEC )                                              ( 96/C 16/06 )
No 805/68 on the common organization of the market in
beef and repealing Regulations ( EEC ) No 1244/82 and
( EEC) No 714/89 ( OJ No L 391 , p . 20 ) — the Court (Third
Chamber ), composed of: J. C. Moitinho de Almeida                                     (Language of the case: French)
( Rapporteur), acting as President of Chamber, C. Gulmann
and H. Ragnemalm, Judges; G. Cosmas, Advocate-General;
L. Hewlett, Administrator, for the Registrar, gave a                  (Provisional translation; the definitive translation will be
judgment on 9 November 1 995 , in which it ruled:                               published in the European Court Reports)
                                                                      In Case C-91 /94 : reference to the Court under Article 177 of
1 . Neither Articles 13 and 15 of Commission Regulation               the EEC Treaty from the Tribunal de Grande Instance
     (EEC) No 3567/92 of 10 December 1992 laying down                 ( Regional Court), Paris, for a preliminary ruling in the
     detailed rules for the application of the individual limits,     criminal proceedings pending before that court against
     national reserves and transfer of rights provided for in         Thierry Tranchant and Téléphone Store SARL, party liable
     Council Regulation (EEC) No 3013/89 on the common                in civil law — on the interpretation of Commission Directive
     organization of the market in sheepmeat and goatmeat             88/301 /EEC of 16 May 1988 on competition in the markets
     nor Articles 39 and 55 of Commission Regulation                  in telecommunications terminal equipment ( OJ No L 131 ,
     (EEC) No 3886/92 of 23 December 1992 laying down                 p . 73 ) — the Court, composed of: G. C. Rodriguez Iglesias,
     detailed rules for the application of the premium                President, D. A. O. Edward, J.-P. Puissochet and G. Hirsch
    schemes provided for in Council Regulation (EEC)                  ( Rapporteur ) ( Presidents of Chambers ), F. A. Schockweiler,
     No 805/68 on the common organization of the market              J. C. Moitinho de Almeida, P. J. G. Kapteyn, C. Gulmann,
     in beef and repealing Regulations (EEC) No 1244/82              J. L. Murray, P. Jann and H. Ragnemalm, Judges;
 ---pagebreak--- 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 :