CELEX: C1995/229/10
Language: en
Date: 1995-09-02 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 June 1995 in Case C-456/93 (reference for a preliminary ruling from the Oberlandesgericht Frankfurt am Main): Zentrale zur Bekämpfung unlauteren Wettbewerbs eV v. Privatkellerei Franz Wilhelm Langguth Erben GmbH & Co. KG (Description of wines - Repetition on the label of the terms 'Kabinett', 'Spätlese', 'Auslese' and 'Weißherbst' as parts of a brand name)

2 . 9 . 95           I                         Official Journal of the European Communities                                  No C 229/5
Court, Germany ) for a preliminary ruling in the proceedings              Judges; G. Cosmas, Advocate-General; H. A. Riihl ,
pending before that court between Hauptzollamt Heilbronn                  Principal Administrator, for the Registrar, gave a judgment
and Temic Telefunken Microelectronic GmbH in the                          on 29 June 1995 , the operative part of which is as
presence of the Bundesministerium der Finanzen — on the                   follows :
interpretation of Article 18 ( 2 ) ( d ), the first subparagraph of
Article 18 ( 3 ) and the first indent of Article 21 ( 1 ) ( a ) of         1 . Article 71 (1 ) (b) (ii) of Council Regulation (EEC)
Council Regulation ( EEC ) No 1999/85 of 16 July 1985 on                         No 1408/71 on the application of social security
inward processing relief arrangements ( 2 ) — the Court                         schemes to employed persons, to self-employed persons
( Fourth Chamber), composed of: P. J. G. Kapteyn, President                     and to members of their families moving within the
of the Chamber, C. N. Kakouris and J. L. Murray                                  Community, as amended and updated by Council
( Rapporteur), Judges; G. Tesauro, Advocate-General ;                            Regulation (EEC) No 2001 /83 of 2 June 1983 must be
L. Hewlett, Administrator, for the Registrar, has given a                        interpreted as also applying to unemployed persons who
judgment on 29 June 1995 , in which it rules :                                   during their last employment resided in the Member
                                                                                State in which they worked, even where, in derogation
Article 18 (2) (d), the first subparagraph of Article 18 (3)                    from Article 13 (2) (a) of that Regulation, and pursuant
and the first indent of Article 21 ( 1 ) (a) of Council                          to Article 1 7, therein referred to, the competent
Regulation (EEC) No 1999/85 of 16 July 1985 on inward                           authorities of two Member States are in agreement that
processing relief arrangements are to be interpreted as                         the employed person is to remain subject to the social
meaning that a quantitative limitation may not be attached                      security legislation of one of those Member States, not
to an authorization to use the system of processing under                       being the one in whose territory the unemployed person
customs control as a way of discharging the inward                              was employed;
processing relief arrangements.
                                                                          2 . that article applies even where the agreement pursuant
( 1 ) OJ No C 332 , 8 . 12 . 1993 .                                             to Article 1 7 ofthe Regulation came into being when the
( 2 ) OJ No L 188 , 20 . 7 . 1985 , p . 1 .                                     employed person was already working and residing in
                                                                                the territory of one and the same Member State.
                                                                          (') OJ No C 1 , 4 . 1 . 1994 .
                                                                          ( 2 ) OJ No L 149 , 5 . 7. 1971 , p . 2 .
                                                                          (-1 ) OJ No L 230 , 22 . 8 . 1983 , p . 6 .
                JUDGMENT OF THE COURT
                          ( Sixth Chamber )
                          of 29 June 1995
     in Case C-454/93 ( reference for a preliminary ruling                                JUDGMENT OF THE COURT
        from the Arbeidshof, Brussels ): Rijksdienst voor
                                                                                                    ( Sixth Chamber )
            Arbeidsvoorziening v. Joop van Gestel ( ] )
(Social security for migrant workers — Designation of the                                           of 29 June 1995
competent State in accordance with Article 1 7 ofRegulation               in Case C-456/93 ( reference for a preliminary ruling from
(EEC) No 1408/71 — Residence and employment in a                          the Oberlandesgericht Frankfurt am Main ): Zentrale zur
Member State other than the competent State —                             Bekämpfung unlauteren Wettbewerbs eV v. Privatkellerei
          Unemployment benefits provided pursuant to                           Franz Wilhelm Langguth Erben GmbH & Co. KG ( 1 )
                       Article 71 (1) (b) (ii))                           (Description of wines — Repetition on the label ofthe terms
                            ( 95/C 229/09 )                                'Kabinett', Spatlese 'Auslese ' and 'WeiEherbst' as parts of
                                                                                                      a brand name)
                 (Language of the case: Dutch)                                                        ( 95/C 229/10 )
(Provisional translation; the definitive translation will be                               (Language of the case: German)
           published in the European Court Reports)
                                                                          (Provisional translation; the definitive translation will be
In Case C-454/93 : reference to the Court under Article 177                          published in the European Court Reports)
of the EC Treaty by the Arbeidshof ( Higher Labour Court),
Brussels, for a preliminary ruling in the proceedings                     In Case C-456/93 : reference to the Court under Article 177
pending before that court between Rijksdienst voor                        of the EC Treaty by the Oberlandesgericht ( Higher Regional
Arbeidsvoorziening and Joop van Gestel on the                             Court ) Frankfurt am Main ( Germany ) for a preliminary
interpretation of Articles 17 and 71 ( 1 ) ( b ) ( ii ) of Council        ruling in the proceedings pending before that court between
Regulation ( EEC ) No 1408/71 of 14 June 1971 on the                      Zentrale zur Bekampfung unlauteren Wettbewerbs eV and
application of social security schemes to employed persons,               Privatkellerei Franz Wilhelm Langguth Erben GmbH & Co .
to self-employed persons and to members of their families                 KG on the interpretation of Article 40 ( 3 ) of Council
moving within the Community ( 2 ), as amended and updated                 Regulation ( EEC ) No 2392/89 of 24 July 1989 laying down
by Council Regulation ( EEC ) No 2001 /83 of 2 June 1983 ( 3 )            general rules for the description and presentation of wines
— the Court ( Sixth Chamber), composed of: F. A.                          and grape musts ( 2 ) and Article 3 of Commission Regulation
Schockweiler, President of the Chamber, G. F. Mancini, C.                 ( EEC ) No 3201/90 of 16 October 1990 laying down
N. Kakouris ( Rapporteur ), J. L. Murray and G. Hirsch,                   detailed rules for the description and presentation of wines
 ---pagebreak--- No C 229/6               EN                    Official Journal of the European Communities                                        2 . 9 . 95
and grape musts ( 3 ) — the Court ( Sixth Chamber ),                      preliminary ruling in the proceedings pending before that
composed of F. A. Schockweiler, President of the Chamber,                 court between SCAC Sri and Associazione dei Produttori
G. F. Mancini, C. N. Kakouris, J. L. Murray ( Rapporteur )                Ortofrutticoli ( ASIPO ) — on the interpretation and validity
and G. Hirsch, Judges; P. Leger, Advocate-General; H.                     of Article 1 ( 2 ) of Council Regulation ( EEC ) No 668/93 of
A. Riihl, Principal Administrator, for the Registrar, gave a              1 7 March 1 993 on the introduction of a limit to the granting
judgment on 29 June 1995 , the operative part of which is as              of production aid for processed tomato products ( 2 ) — the
follows :                                                                 Court ( Sixth Chamber ), composed of: F. A. Schockweiler
                                                                          ( Rapporteur ), President of the Chamber, P. J. G. Kapteyn,
                                                                          G. F. Mancini, J. L. Murray and G. Hirsch, Judges;
1 . Article 3 (2) of Commission Regulation (EEC)
                                                                          D. Ruiz-Jarabo Colomer, Advocate-General; L. Hewlett,
       No 3201 /90 of 16 October 1990 laying down detailed
                                                                          Administrator, for the Registrar, has given a judgment on
       rules for the description and presentation of wines and
                                                                          29 June 1995 , in which it rules :
       grape musts must be interpreted as not precluding
       the labelling of quality wines ('Qualitatsweine mit
       Pradikat') from repeating the terms 'Kabinett',                    1 . Article 1 (2) of Council Regulation (EEC) No 668/93 of
       'Spatlese ' or 'Auslese ' — in addition to their prescribed              1 7 March 1 993 on the introduction of a limit to the
       use (in lettering of the same type and height as the name                granting of production aid for processed tomato
       of the specified region or of a geographical unit smaller                products must be interpreted as meaning that, in the
       than the specified region) — in different lettering with                 event of a transfer of fresh tomatoes by a processing
       higher letters, particularly in a conspicuous manner as                  undertaking during a marketing year from the 'peeled
       part of a brand name;                                                    tomatoes ' category to the 'concentrate ' or 'other tomato
                                                                                products ' category, only the quantities actually
2 . Article 3 (3) (a), first indent, in conjunction with the                    produced by that undertaking in each category, regard
       second subparagraph of Article 3 (3) of Regulation                       being had to that transfer, are to be taken into account in
       (EEC) No 3201 /90 must be interpreted as not                             the following marketing year for the purposes of the
       precluding the repetition on the label, in the case of                   division of the maximum quantities between the
       German quality wines produced in specified regions                       processing undertakings by the Member State
                                                                                concerned.
       (' Qualitatsweine bA '), of the term ' Weiflherbst' — in
       addition to its use in the same lettering as that used for
       indicating the specified region — in larger letters,               2 . Consideration of Article 1 (2) of Regulation (EEC)
       particularly in a conspicuous manner as part of a brand                  No 668/93 has disclosed no factor of such a kind as to
       name .
                                                                                affect the validity of that provision.
 (') OJ No C 27, 28 . 1 . 1994 .
 ( 2 ) OJ No L 232 , 9 . 8 . 1989 , p . 13 .                               (') OJ No C 90 , 26 . 3 . 1994 .
 ( 3 ) OJ No L 309 , 8 . 11 . 1990 , p. 1 .                                (2 ) OJ No L 72, 25 . 3 . 1993 , p. 1 .
                  JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                            ( Sixth Chamber)                                                         ( Fifth Chamber)
                            of 29 June 1995                                                         of 29 June 1995
 in Case C-56/94 (reference for a preliminary ruling from                  in Joined Cases C-109/94, C-207/94 and C-225/94:
 the Tribunale di Piacenza): SCAC Srl v. Associazione dei
                                                                           Commission of the European Communities v. Hellenic
               Produttori Ortofrutticoli ( ASIPO ) (M                                                   Republic ( ' )
  (Common organization of the market — Processed tomato                     (Failure of a Member State to fulfil its obligations —
 products — Limit to the granting of production aid —                      Directives 90/61 8/EEC, 88/357/EEC and 90/619/EEC —
 Determination of quotas — Validity of Regulation (EEC)                                   Non-transposition — Insurances)
                                 No 668/93)
                                                                                                        95/C 229/ 12 )
                               ( 95/C 229/11 )
                    (Language of the case: Italian)                                         (Language of the case: Greek)
  (Provisional translation; the definitive translation will be              (Provisional translation; the definitive translation will be
            published in the European Court Reports)                                 published in the European Court Reports)
  In Case C-56/94 : reference to the Court under Article 177 of             In Joined Cases C-109/94 , C-207/94 and C-225/94 :
  the EC Treaty by the Tribunale di Piacenza ( Italy ) for a                Commission of the European Communities ( Agent: