CELEX: C1995/268/08
Language: en
Date: 1995-10-14 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 11 August 1995 in Joined Cases C-367/93 to C-377/93 (references for a preliminary ruling from the Tariefcommissie): F. G. Roders BV and Others v. Inspecteur der Invoerrechten en Accijnzen (Excise duties on wine - Discriminatory internal taxation - Benelux system)

No C 268/4              EN                   Official Journal of the European Communities                                   14 . 10 . 95
and women as regards access to employment, vocational                                 JUDGMENT OF THE COURT
training and promotion, and working conditions.                                                 ( Sixth Chamber)
                                                                                               of 11 August 1995
( 1 ) OJ No C 174 , 26 . 6 . 1994 .
                                                                        in Joined Cases C-367/93 to C-377/93 (references for a
                                                                        preliminary ruling from the Tariefcommissie): F. G. Roders
                                                                        BV and Others v. Inspecteur der Invoerrechten en
                                                                                                   Accijnzen (*)
                                                                        (Excise duties on wine — Discriminatory internal taxation
                                                                                               — Benelux system)
                JUDGMENT OF THE COURT                                                              95/C 268/08 )
                          ( Sixth Chamber)
                           of 13 July 1995                                              (Language of the case: Dutch)
in Case        C-216/94 : Commission of the             European
            Communities v. Kingdom of Belgium ( 1 )                     (Provisional translation; the definitive translation will be
(Failure to fulfil Treaty obligations — Directive 89/48/EEC                      published in the European Court Reports)
— Recognition of higher-education diplomas awarded on
completion ofprofessional education and training ofat least
                       three years ' duration)                          In Joined Cases C-367/93 to C-377/93 : references to the
                            ( 95/C 268/07 )
                                                                        Court under Article 177 of the EEC Treaty from the
                                                                        Tariefcommissie ( Administrative Court for Customs and
                                                                        Excise ), Netherlands, for a preliminary ruling in the
                 (Language of the case: Frencb)                         proceedings pending before that court between F. G. Roders
                                                                        BV ( C-367/93 to C-370/93 ), RSK Internationale
                                                                        Expeditieen Vervoeronderneming BV ( C-371/93 and
(Provisional translation; the definitive translation will be            C-372/93 ), Damco van Swieten BV ( C-373/93 and
           published in the European Court Reports)                     C-377/93 ), VGL Internationale Expeditie BV ( C-374/93
                                                                        and C-375/93 ), Zaans Veem BV ( C-376/93 ) and Inspecteur
In Case C-216/94 : Commission of the European                           der Invoerrechten en Accijnzen — on the interpretation of
Communities ( agent: Marie-José Jonczy ) v. Kingdom of                  Article 95 of the EEC Treaty — the Court ( Sixth Chamber ),
Belgium ( agent: Jan Devadder ) — application for a                     composed of: F. A. Schockweiler, President of the Chamber,
declaration that, by not adopting within the prescribed                 P. J. G. Kapteyn, G. F. Mancini, C. N. Kakouris and
period the measures necessary to comply with Council                    J. L. Murray ( Rapporteur ), Judges; G. Tesauro,
Directive 89/48/EEC of 21 December 1988 on a general                    Advocate-General; H. A. Rùhl , Principal Administrator, for
system for the recognition of higher-education diplomas                 the Registrar, has given a judgment on 11 August 1995 , in
                                                                        which it rules that :
awarded on completion of professional education and
training of at least three years' duration ( OJ No L 19 , p . 16 ),
and, in the alternative, by not notifying such measures to the          1 , a Member State may not rely on Article 233 of the EEC
Commission, the Kingdom of Belgium has failed to fulfil its                  Treaty in order to avoid its obligations under Article 95
obligations under the EC Treaty — the Court ( Sixth                          of that Treaty where this is not indispensable for the
 Chamber ), composed of: F. A. Schockweiler, President of                    good functioning of the Benelux system;
the Chamber, P. J. G. Kapteyn, G. F. Mancini, J. L. Murray
 ( Rapporteur ) and H. Ragnemalm, Judges; C. O. Lenz,
Advocate-General; R. Grass, Registrar, has given a                      2 , the first paragraph of Article 95 of the EEC Treaty is to
judgment on 13 July 1995 , in which it rules:                                be interpreted as meaning that it is for the national
                                                                             court, having regard to the criteria identified by the
                                                                             Court of Justice, to assess whether:
 1 , by not adopting within the prescribed period the
      measures necessary to comply with Council Directive                    — products such as, on the one hand, red table wine,
       89/48/EEC of 21 December 1988 on a general system                         quality red wines produced in specified regions,
      for the recognition of higher-education diplomas                           sherry, madeira and vermouth and, on the other
      awarded on completion of professional education and                        hand, still fruit wines whose alcoholic strength does
       training ofat least three years ' duration, the Kingdom of                not exceed 15% vol, are similar;
       Belgium has failed to fulfil its obligations under the EC
       Treaty;                                                               — products such as champagne and sparkling fruit
                                                                                 wines whose alcoholic strength does not exceed
 2 , the Kingdom of Belgium is ordered to pay the costs.                         15% vol are similar.
 (') OJ No C 275 , 1 . 10 . 1994 .                                       3 . The second paragraph of Article 95 is to be interpreted
                                                                             as meaning that, in order to assess the compatibility ofa
                                                                             fiscal charge, account must be taken of the impact of
                                                                             that charge on the competitive relationships between the
 ---pagebreak---  14 . 10 . 95           EN                  Official Journal of the European Communities                               No C 268/5
      products concerned, so that it is important in particular        Article 37 (2) and the first paragraph of Article 38 of the
      to ascertain whether the charge would have the effect,            Convention of 27 September 1968 on Jurisdiction and the
      on the market in question, of reducing potential                 Enforcement of Judgments in Civil and Commercial
      consumption of the imported products to the advantage            Matters, as amended by the Convention of 9 October 1978
      of competing domestic products. The national court               on the Accession of the Kingdom of Denmark, Ireland and
      must have regard here to the difference between the              the United Kingdom of Great Britain and Northern Ireland,
      selling prices of the products in question and the impact        are to be interpreted as meaning that a decision by which a
      of that difference on the consumer's choice, as well as to       court of a Contracting State, seised of an appeal against
      changes in the consumption of those products.                    authorization to enforce an enforceable judgment ofa court
                                                                       in another Contracting State, refuses a stay or lifts a stay
                                                                       previously ordered cannot be contested by an appeal in
4 . There are no grounds for limiting in time the effects of           cassation or similar form of appeal limited to the
      the present judgment.                                            examination of points of law only. Moreover, the court
                                                                       seised of such an appeal on a point of law under
(') OJ No C 251 , 15 . 9 . 1993 .
                                                                       Article 37 (2) ofthe Convention dies not have jurisdiction to
                                                                       impose or reimpose such a stay.
                                                                       (') OJ No C 338 , 15 . 12 . 1993 .
                JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                          ( Sixth Chamber)                                                   of 11 August 1995
                        of 11 August 1995                              in Case C-433/93 : Commission of the European
in Case C-432/93 (reference for a preliminary ruling from                   Communities v. Federal Republic of Germany ( 1 )
the Court of Appeal ( Civil Division )): Société                       (Actions against Member States for failure to fulfil
d'Informatique Service Réalisation Organisation ( SISRO )               obligations — Public works and public supply contracts)
                  v. Ampersand Software BV ( ] )                                                 95/C 268/ 10 )
(Brussels Convention — Articles 36, 37 and 38 —
Enforcement — Judgment given on an appeal against
authorization ofenforcement — Appeal on a point oflaw —                               (Language of the case: German)
                       Stay ofproceedings)
                            ( 95/C 268/09 )                            (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                 (Language of the case: English)                       In Case C-433/93 : Commission of the European
                                                                       Communities ( agents : Hendrik van Lier and Angela
                                                                       Bardenhewer ) v. Federal Republic of Germany ( agents : Kay
In Case C-432/93 : reference to the Court under the Protocol           Hailbronner, Professor at the University of Konstanz, and
of 3 June 1971 on the interpretation by the Court of Justice           Bernd Kloke ) — application for a declaration that, by failing
of the Convention of 27 September 1968 on Jurisdiction                 to adopt or notify within the prescribed period all the
and the Enforcement of Judgments in Civil and Commercial               measures necessary to comply with the requirements arising
Matters by the Court of Appeal ( Civil Division ), London,             under Council Directive 88/295/EEC of 22 March 1988
for a preliminary ruling in the proceedings pending before             amending Directive 77/62/EEC relating to the coordination
that court between Société d'Informatique Service                      of procedures on the award of public supply contracts and
Réalisation Organisation ( SISRO ) and Ampersand Software              repealing certain provisions of Directive 80/767/EEC ( OJ
BV — on the interpretation of Article 37 (2 ) and the first            No L 127, p. 1 ) and under Council Directive 89/440/EEC of
paragraph of Article 38 of the said Convention of                      18 July 1989 amending Directive 71/305/EEC concerning
27 September 1968 ( OJ No L 304 , p . 36 ) as amended by the           coordination of procedures for the award of public works
Convention of 9 October 1978 on the Accession of the                   contracts ( OJ No L 210, p . 1 ), the Federal Republic of
Kingdom of Denmark, Ireland and the United Kingdom of                  Germany has failed to fulfil its obligations under the EEC
Great Britain and Northern Ireland ( OJ No L 304, p . 1 and            Treaty, now the EC Treaty — the Court, composed of: G. C.
— as amended — p . 77 ) — the Court ( Sixth Chamber ),                 Rodriguez Iglesias , President, F. A. Schockweiler, P. J. G.
composed of: F. A. Schockweiler ( Rapporteur ), President of           Kapteyn ( Rapporteur ) and P. Jann ( Presidents of
the Chamber, G. F. Mancini, C. N. Kakouris, J. L. Murray               Chambers ), G. F. Mancini, C. N. Kakouris, J. C. Moitinho
and G. Hirsch, Judges, P. Léger, Advocate-General; D.                  de Almeida, J. L. Murray, G. Hirsch, H. Ragnemalm and L.
Louterman-Hubeau, Principal Administrator, for the                     Sevon, Judges; M. B. Elmer, Advocate-General; L. Hewlett,
Registrar, has given a judgment on 11 August 1995 , the                Administrator, for the Registrar, has given a judgment on
operative part of which is as follows:                                 11 August 1995 , in which it: