CELEX: C2000/335/25
Language: en
Date: 2000-11-25 00:00:00
Title: Judgment of the Court of 26 September 2000 in Case C-23/99: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Free movement of goods — Procedures for detention under customs control — Goods in transit — Industrial property right — Spare parts for the repair of motor vehicles)

25.11.2000              EN                       Official Journal of the European Communities                                             C 335/13
1.    Declares that, by prohibiting the acquisition by persons resident                        JUDGMENT OF THE COURT
      in Belgium of securities of a loan issued abroad, under the
      second paragraph of Article 3 of the Royal Decree of 4 October
      1994, the Kingdom of Belgium has failed to fulfil its                                         of 26 September 2000
      obligations under Article 73b of the EC Treaty (now Article 56
      EC);                                                                  in Case C-23/99: Commission of the European Communi-
                                                                                                  ties v French Republic (1)
2.    Orders the Kingdom of Belgium to pay the costs.
(1) OJ C 48 of 20.2.1999.
                                                                            (Failure by a Member State to fulfil its obligations — Free
                                                                            movement of goods — Procedures for detention under
                                                                            customs control — Goods in transit — Industrial property
                                                                                 right — Spare parts for the repair of motor vehicles)
                                                                                                        (2000/C 335/25)
                 JUDGMENT OF THE COURT
                          (Fifth Chamber)                                                         (Language of the case: French)
                      of 26 September 2000
                                                                            (Provisional translation; the definitive translation will be published
in Case C-22/99 (reference for a preliminary ruling from                                         in the European Court Reports)
the Pretura di Pinerolo): Cristoforo Bertinetto v Biraghi
                               SpA (1)
                                                                            In Case C-23/99: Commission of the European Communities
                                                                            (Agents: R.B. Wainwright and O. Couvert-Castéra) v French
(Agriculture — Common organisation of the markets —                         Republic (Agents: K. Rispal-Bellanger and R. Loosli-Surrans) —
Milk and milk products — Milk-price — Article 3 of                          application for a declaration that, by implementing, pursuant
                  Regulation (EEC) No 804/68)                               to the French Code de ]a Propriété Intellectuelle, procedures
                                                                            for the detention by the customs authorities of goods lawfully
                          (2000/C 335/24)                                   manufactured in a Member State of the European Community
                                                                            which are intended, following their transit through French
                                                                            territory, to be placed on the market in another Member State
                    (Language of the case: Italian)                         where they may be lawfully marketed, the French Republic has
                                                                            failed to fulfil its obligations under Article 30 of the EC Treaty
(Provisional translation; the definitive translation will be published      (now, after amendment, Article 28 EC) — the Court, composed
                   in the European Court Reports)                           of: G.C. Rodrı́guez Iglesias, President, J.C. Moitinho de Almeida
                                                                            and L. Sevón (Presidents of Chambers), P.J.G. Kapteyn,
In Case C-22/99: reference to the Court under Article 177 of                J.-P. Puissochet, P. Jann, H. Ragnemalm (Rapporteur),
the EC Treaty (now Article 234 EC) from the Pretura di                      M. Wathelet and V. Skouris, Judges; J. Mischo, Advocate
Pinerolo (Magistrate’s Court, Pinerolo), Italy for a preliminary            General; D. Louterman-Hubeau, Principal Administrator, for
ruling in the proceedings pending before that court between                 the Registrar, has given a judgment on 26 September 2000, in
Cristoforo Bertinetto and Biraghi SpA — on the interpretation               which it:
of Article 3 of Regulation (EEC) No 804/68 of the Council of
27 June 1968 on the common organisation of the market in                    1.    Declares that, by implementing, pursuant to the French Code
milk and milk products (OJ, English Special Edition 1968(1),                      de la Propriété Intellectuelle, procedures for the detention by the
p. 176) — the Court (Fifth Chamber), composed of:                                 customs authorities of goods lawfully manufactured in a
D.A.O. Edward, President of the Chamber, L. Sevón, P. Jann,                      Member State of the European Community which are intended,
H. Ragnemalm (Rapporteur) and M. Wathelet, Judges;                                following their transit through French territory, to be placed on
S. Alber, Advocate General; D. Louterman-Hubeau, Principal                        the market in another Member State where they may be lawfully
Administrator, for the Registrar, has given a judgment on                         marketed, the French Republic has failed to fulfil its obligations
26 September 2000, in which it has ruled:                                         under Article 30 of the EC Treaty (now, after amendment,
                                                                                  Article 28 EC);
Article 3 of Regulation (EEC) No 804/68 of the Council of 27 June
1968 on the common organisation of the market in milk and milk              2.    Orders the French Republic to pay the costs.
products precludes national legislation, such as that at issue in the
main proceedings, which is designed to promote and encourage the
establishment of a uniform producer price for milk.
                                                                            (1) OJ C 86 of 27.3.1999.
(1) OJ C 86 of 27.3.1999.