CELEX: C1996/031/08
Language: en
Date: 1996-02-03 00:00:00
Title: JUDGMENT OF THE COURT of 30 November 1995 in Case C-55/94 (reference for a preliminary ruling from the Consiglio Nazionale Forense): Reinhard Gebhard v. Consiglio dell'Ordine degli Avvocati e Procuratori di Milano (Directive 77/249/EEC - Freedom to provide services - Lawyers - Possibility of opening chambers - Articles 52 and 59 of the EC Treaty)

No C 31 /4             EN |               Official Journal of the European Communities                                       3 . 2 . 96
Arbeit ( Federal Labour Office ) — on the interpretation of          other party to the proceedings being the Commission of the
Article 1 ( 1 ) of Council Regulation ( EEC ) No 3427/89 of          European Communities ( Agents : Eugenio de March and
30 October 1989 amending Regulation ( EEC ) No 1408/71               Alberto Dal Ferro ) — the Court ( Third Chamber ),
on the application of social security schemes to employed            composed of J. -P. Puissochet ( Rapporteur ), President of the
persons, to self-employed persons and to members of their            Chamber, J. C. Moitinho de Almeida and C. Gulmann,
families moving within the Community and Regulation                  Judges; D. Ruiz-Jarabo Colomer, Advocate General ;
( EEC ) No 574/72 laying down the procedure for                      R. Grass, Registrar, has given a judgment on 23 November
implementing Regulation ( EEC ) No 1408/71 ( OJ 1989 No              1995 , in which it:
L 331 , p. 1 ) — the Court ( Sixth Chamber ), composed of
C. N. Kakouris, President of the Chamber, G. Hirsch ,                1 . dismisses the appeal;
G. F. Mancini, F. A. Schockweiler and J. L. Murray
( Rapporteur ), Judges; P. Leger, Advocate General ; H. A.           2 . orders the appellant to pay the costs.
Rühl, Principal Administrator, for the Registrar , has given a
judgment on 23 November 1995 , in which it rules :
                                                                     (') OJ No C 43 , 12 . 2 . 1994 .
Council Regulation (EEC) No 1408/71 of 14 June 1971 on
the application of social security schemes to employed
persons, to self-employed persons and to members of their
families moving within the Community, as amended by
Council Regulation (EEC) No 2001 /83 of 2 June 1983 , and                          JUDGMENT OF THE COURT
as subsequently amending Regulation (EEC) No 3427/89 of                                  of 30 November 1995
30 October 1989 amending Regulation (EEC) No 1408/71
on the application of social security schemes to employed            in Case C-55/94 ( reference for a preliminary ruling from
persons, to self-employed persons and to members of their            the Consiglio Nazionale Forense ): Reinhard Gebhard v.
families moving within the Community and Regulation                  Consiglio dell'Ordine degli Avvocati e Procuratori di
(EEC) No 574/72 laying down the procedure for                                                     Milano ( 1 )
implementing Regulation (EEC) No 1408/71 , does not                  (Directive 77/249/EEC — Freedom to provide services —
prevent a national provision limiting the retroactive effect of      Lawyers — Possibility of opening chambers — Articles 52
applications for family benefits to a period of six months                             and 59 of the EC Treaty)
from being applied to an application by a Spanish national                                      ( 96/C 31 /08 )
for payment as from IS January 1986 of family benefits in
respect of the members of his family resident in Spain.
                                                                                     (Language of the case: Italian)
(>) OJ No C 263 , 29 . 9 . 1993 .
                                                                     (Provisional translation• the definitive translation will be
                                                                              published in the European Courts Report)
                                                                     In Case C-55/94 : reference to the Court under Article 1 77 of
                                                                     the EC Treaty from the Consiglio Nazionale Forense
               JUDGMENT OF THE COURT                                 ( National Council of the Bar ), Italy, for a preliminary ruling
                        (Third Chamber )                             in the proceedings pending before that court between
                                                                     Reinhard Gebhard and Consiglio dell'Ordine degli Avvocati
                     of 23 November 1995                             e Procuratori di Milano — on the interpretation of Council
in Case C-476/93 P: Nutral SpA v. Commission of the                  Directive 77/249/EEC of 22 March 1977 to facilitate the
                   European Communities (')                          effective exercise by lawyers of freedom to provide services
      (Appeal — Action for annulment of measures —                   ( OJ 1977, No L 78 , p. 17 ) — the Court, composed of G. C.
                          Admissibility)                             Rodriguez Iglesias , President, C. N. Kakouris , D. A. O.
                                                                     Edward ( Rapporteur ) and G. Hirsch ( Presidents of
                           ( 96/C 31 /07                             Chambers ), G. F. Mancini , F. A. Schockweiler, J. C.
                                                                     Moitinho de Almeida , P. J. G. Kapteyn, C. Gulmann , J. L.
                 (Language of the case: Italian)                     Murray, P. Jann, H. Ragnemalm and L. Sevòn, Judges;
                                                                     P. Leger, Advocate General ; H. A. Rühl , Principal
(Provisional translation; the definitive translation will be         Administrator, for the Registrar, has given a judgment on
          published in the European Courts Report)                   30 November 1995 , in which it rules :
In Case C-476/93 P : Nutral SpA, established at                       1 . The temporary nature of the provision of services,
Casalbuttano, Cremona ( Italy ), represented by Emilio                    envisaged in the third paragraph of Article 60 of the EC
Cappelli and Paolo de Caterini, of the Rome Bar, and Mario                Treaty, is to be determined in the light of its duration,
de Bellis , of the Mantua Bar, with an address for service in             regularity, periodicity and continuity.
Luxembourg at the Chambers of Charles Turk, 1 3b Avenue
 Guillaume — appeal against the order of the Court of First           2 . The provider of services, within the meaning of the
Instance of the European Communities of 21 October 1993                   Treaty, may equip himselfin the host Member State with
in Cases T-492/93 and T-492/93 R Nutral v. Commission                     the infrastructure necessary for the purposes of
 [ 1993 ] ECR 11-1023 , seeking to have that order set aside, the         performing the services in question.
 ---pagebreak--- 3 . 2 . 96             EN 1                 Official Journal of the European Communities                                          No C 31 /5
3 . A national of a Member State who pursues a                         of Cassation ) for a preliminary ruling in the proceedings
     professional activity on a stable and continuous basis in         pending before that court between Elisabeth Jacquier, nee
     another Member State where he holds himself out from              Casarin and Directeur General des Impots — on the
     an established professional base to, amongst others,              interpretation of Article 95 of the EC Treaty — the Court
     nationals of that State comes under the provisions of the         ( Second Chamber ), composed of G. Hirsch, President of
     chapter relating to the right of establishment and not            the Chamber, G. F. Mancini and F. A. Schockweiler
     those of the chapter relating to services.                        ( Rapporteur ), Judges; F. G. Jacobs, Advocate General;
                                                                       L. Hewlett, Administrator, for the Registrar, has given a
4 . The possibility for a national of a Member State to                judgment on 30 November 1995 , in which it rules :
     exercise his right of establishment, and the conditions
     for the exercise of that right, must be determined in the         Article 95 of the EC Treaty does not preclude the
     light of the activities which he intends to pursue on the         application of national rules on motor vehicle taxation
     territory of the host Member State.                               which provide for an increase in the progression coefficient
                                                                       of the kind at issue in the main proceedings, in so far as that
5 . Where the taking-up of a specific activity is not subject          increase does not have the effect of favouring the sale of
     to any rules in the host State, a national of any other           vehicles of domestic manufacture over the sale of vehicles
     Member State will be entitled to establish himself on the         imported from other Member States.
     territory of the first State and pursue that activity there.
     On the other hand, where the taking-up or the pursuit of
                                                                       (') OJ No C 146 , 28 . 5 . 1994 .
     a specific activity is subject to certain conditions in the
     host Member State, a national ofanother Member State
     intending to pursue that activity must in principle
     comply with them .
6 . National measures liable to hinder or make less
     attractive the exercise of fundamental freedoms                                   JUDGMENT OF THE COURT
     guaranteed by the Treaty must fulfil four conditions:
     they must be applied in a non-discriminatory manner;                                          ( Sixth Chamber)
     they must be justified by imperative requirements in the                                   of 30 November 1995
     general interest; they must be suitable for securing the
     attainment of the objective which they pursue; and they           in Case C-134/94 ( reference for a preliminary ruling from
     must not go beyond what it necessary in order to                  the Tribunal Superior de Justicia de Canarias ): Esso
     attain it.                                                            Española SA v. Comunidad Autónoma de Canarias ( x )
                                                                       (Petroleum products — Obligation to supply a particular
7. Member States must take account of the equivalence of                                                   area)
     diplomas and, if necessary, proceed to a comparison of                                           ( 96/C 31 / 10 )
     the knowledge and qualifications required by their
     national rules and those of the person concerned.
                                                                                         (Language of the case: Spanish)
(') OJ No C 90 , 26 . 3 . 1994 .
                                                                       (Provisional translation; the definitive translation will be
                                                                                 published in the European Court Reports)
                                                                       In Case C-134/94 : reference to the Court under Article 177
                JUDGMENT OF THE COURT                                  of the EEC Treaty from the Tribunal Superior de Justicia de
                                                                        Canarias (High Court of Justice of the Canary Islands,
                        ( Second Chamber )
                                                                       Spain ) for a preliminary ruling in the proceedings pending
                     of 30 November 1995                                before that court between Esso Espanola SA and the
in Case C-l 13/94 ( reference for a preliminary ruling from             Comunidad Autonoma de Canarias on the interpretation of
the French Cour de Cassation ): Elisabeth Jacquier v.                   Articles 3 ( c ), 5 , 6 , 30, 36 , 52, 53 , 56 , 85 and 102 ( 1 ) of the
                Directeur Général des Impôts C )                        EC Treaty, the Court ( Sixth Chamber ), composed of
                                                                        G. Hirsch, acting as President of the Chamber,
 (Article 95 of the Treaty — Differential tax on motor                  G. F. Mancini, F. A. Schockweiler, P. J. G. Kapteyn
                               vehicles)                                ( Rapporteur ) and H. Ragnemalm, Judges ; G. Cosmas,
                            ( 96/C 31 /09 )                             Advocate General; R. Grass, Registrar, has given a judgment
                                                                        on 30 November 1995 , in which it rules as follows :
                 (Language of the case: French)
                                                                         1 . Articles 3 (c), 52 and 53 of the EC Treaty are not
 (Provisional translation; the definitive translation will be                applicable to circumstances wholly internal to a
           published in the European Court Reports)                          Member State, such as where a company which has its
                                                                             head office in a Member State and pursues its activities
 In Case C-l 13/94 : reference to the Court under Article 177                there is required to comply with rules whereby the
 of the EC Treaty from the French Cour de Cassation ( Court                  regional authorities of a Member State responsible for